Dutchess County

Town of East Fishkill, NY: zoning for new construction

15 districts Min residential lot 0.16–3 ac Central Hudson

Residential lots in the Town of East Fishkill run from a 0.16-acre minimum in Conservation Residential District up to 3 acres in Residential 3-Acre, across 15 zoning districts in all. Short-term rentals allowed with local rules. Power here is Central Hudson territory. The district table below has the setbacks, height limits and coverage - confirm the specifics with the building department at (845) 221-2310 before you rely on a figure.

Looking specifically at an accessory dwelling unit? See ADU rules for East Fishkill →

Zoning districts

District	Min lot	Setbacks F / S / R	Max height	ADU
Residential 3-Acre	3 ac	50 / 30 / 50 ft	35 ft	Occupancy restricted
Residential 2-Acre	2 ac	50 / 30 / 50 ft	35 ft	Occupancy restricted
Residential 1-Acre	1 ac	50 / 25 / 50 ft	35 ft	Occupancy restricted
Residential 1/3-Acre	0.33 ac	35 / 15 / 30 ft	35 ft	Occupancy restricted
Conservation Residential District	0.16 ac	20 / 15 / 30 ft	35 ft	Occupancy restricted
Planned Commercial Park	20 ac	100 / 50 / 50 ft	50 ft	No
Planned Research and Development Park	5 ac	100 / 50 / 80 ft	40 ft	No
General Business	—	40 / 10 / 20 ft	30 ft	No
Central Business	—	40 / 10 / 20 ft	30 ft	No
Mixed-Use	—	25 / 10 / 20 ft	35 ft	No
Hamlet Center	—	10 / 5 / 15 ft	35 ft	No
Transitional	2 ac	75 / 25 / 20 ft	30 ft	No
Light Industrial	1 ac	50 / 20 / 20 ft	30 ft	No
Heavy Industrial	1 ac	50 / 20 / 30 ft	45 ft	No
Light Industrial/Retail	1 ac	100 / 20 / 30 ft	35 ft	No

Residential 3-Acre - A parcel abutting a state or county road outside the designated hamlet areas needs a 100 ft setback from the edge of pavement to any building, and one abutting the Taconic State Parkway or I-84 a 100 ft buffer to any structure, building or parking area.

Both 100 ft rules override any less restrictive yard requirement elsewhere in the code.
Minimum frontage is 75 ft, a separate test from lot width and depth, and all three must be met.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size is subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
Height is also capped at 2 1/2 stories.
On a flag lot the accessway is excluded from lot area, the lot must be at least one acre, and it needs 50 ft of street frontage and a strip at least 50 ft wide along its length (§ 194-92.1).

Residential 2-Acre, Residential 1-Acre, Residential 1/3-Acre - A parcel abutting a state or county road outside the designated hamlet areas needs a 100 ft setback from the edge of pavement to any building, and one abutting the Taconic State Parkway or I-84 a 100 ft buffer to any structure, building or parking area.

Both 100 ft rules override any less restrictive yard requirement elsewhere in the code.
Minimum frontage is 50 ft, a separate test from lot width and depth, and all three must be met.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size is subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
Height is also capped at 2 1/2 stories.
On a flag lot the accessway is excluded from lot area, the lot must be at least one acre, and it needs 50 ft of street frontage and a strip at least 50 ft wide along its length (§ 194-92.1).

Conservation Residential District - The parcel being developed must be at least 150 acres with 100 ft of frontage on a state or county highway, and the lot figures shown are for a single-family detached home. A semidetached dwelling or attached end unit needs 4,000 sq ft, and an attached unit 2,500 sq ft.

Further CRD development standards are in § 194-22.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size is subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
Height is also capped at 2 1/2 stories.

Planned Commercial Park - Every use needs site plan approval under Article VII. Lot coverage is capped at 50% alongside the 25% building coverage cap, and at least 20% of the lot must be open space.

Height is also capped at 4 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Planned Research and Development Park - The five-acre minimum may vary under § 194-55, which adds further requirements, and for lots created before L.L. No. 4-1993 the Town Board may set less restrictive bulk standards (§ 194-55E).

Lot coverage is capped at 50% alongside the 25% building coverage cap, and at least 20% of the lot must be open space.
Height is also capped at 3 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

General Business, Central Business - Every use needs site plan approval under Article VII, and total lot coverage is capped at 75% alongside the 35% building coverage cap. Along State Route 52 west of the Taconic Parkway, the front setback in the commercial district is 100 ft.

Where the lot abuts a residential district, the side yard on the abutting side is 20 ft.
Height is also capped at 2 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Mixed-Use - Total lot coverage is capped at 75% alongside the 50% building coverage cap, and where the lot abuts a residential district the side yard on the abutting side is 20 ft.

Height is also capped at 2.5 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Hamlet Center - Where the parcel abuts a residential district, the rear setback is 20 ft rather than 15 and the side yard on the abutting side is 20 ft. Total lot coverage is capped at 90% alongside the 75% building coverage cap.

Height is also capped at 2.5 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Transitional - A 25 ft landscaped buffer is required from the road right-of-way into the property along every public roadway the lot touches, and it may count toward the front or side yard. Total lot coverage is capped at 35%.

The Planning Board sets the berming and heavy landscaping in the buffer.
Height is also capped at 2 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Light Industrial - Total lot coverage is capped at 75% alongside the 25% building coverage cap. The 10 ft minimum lot width is not confirmed; check it with the Town before relying on it.

Height is also capped at 2 stories.
On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Heavy Industrial - Total lot coverage is capped at 75% alongside the 25% building coverage cap, and height is also capped at 3 stories.

On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Light Industrial/Retail - Total lot coverage is capped at 65% alongside the 25% building coverage cap, and height is also capped at 2 stories.

On a parcel abutting the Taconic State Parkway or I-84, a 100 ft buffer applies to any structure, building or parking area, overriding any less restrictive yard requirement.
On a parcel abutting a state or county road outside the designated hamlet areas, buildings must be 100 ft from the edge of pavement, overriding any less restrictive yard requirement.
Where a property abuts a road never dedicated to the Town, county or state, 25 ft is added to the setback and it is measured from the centre line of the road.
Lot size, coverage and floor area ratio are subject to the Environmentally Sensitive Lands Law (§ 194-14.1), which can raise the requirement on a constrained parcel.
No access other than emergency access may run to or from a residential district.

Short-term rentals

Short-term rentals allowed with local rules. Short-term rentals of 30 days or less are allowed only in single-family dwellings in certain residential districts, and are prohibited in R-1/2, R-1/3, R-1/4 and on non-conforming lots. Each needs annual registration with the Building Department and a $500 yearly fee.

Conditions the code attaches:

An annual fire and safety inspection is required.
Occupancy is capped at 2 persons per bedroom.
Building Department: (845) 221-2310.

Good to know

UtilityCentral Hudson territory.
Zoning codeTown of East Fishkill Code, Chapter 194 (Zoning), Attachment 3, Schedule of Bulk Regulations, amended 2-13-2025
Building dept(845) 221-2310
Last reviewed2026-08-16

Working out a budget? A standard-finish build here runs $215–$282/sq ft , and a conforming lot adds about $6,542 on top - see the full cost to build a house in East Fishkill, or what an ADU costs here.

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