ADU · Orange County
Can you build an ADU in Newburgh, NY?
Town of Newburgh has 11 districts. 7 districts allow ADUs with occupancy restrictions, 4 do not. Check your address to confirm the district that applies to your parcel:
What the Newburgh code says
In RR, AR, R-1, R-2 and R-3 an accessory apartment to a single-family house needs only a building permit and certificate of occupancy from the Building Inspector, and the owner must reside on the premises. It is not permitted in O, LHI, SC or I.
Conditions the code attaches:
- The house must be at least five years old
- The apartment must be 450 to 700 sq ft of gross floor area; one larger than 700 sq ft is treated as a two-family dwelling
- The apartment may have no more than two bedrooms and no more than five resident persons
- One off-street parking space is required in addition to the two per dwelling unit that § 185-13 requires
- One accessory apartment per lot, and the lot must meet the district's single-family requirements
- A NYS licensed professional engineer must certify adequate water supply and sewage disposal, unless the building is on municipal water and sewer or the Building Inspector accepts another demonstration
What the Newburgh code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Rural Residential | 2 ac | 60 / 50 / 100 ft | 35 ft | Occupancy restricted |
| Agricultural Residential | 0.92 ac | 50 / 30 / 50 ft | 35 ft | Occupancy restricted |
| Single-Family Residential | 0.92 ac | 50 / 30 / 40 ft | 35 ft | Occupancy restricted |
| Medium-Density Residential | 0.34 ac | 40 / 15 / 40 ft | 35 ft | Occupancy restricted |
| High-Density Residential | 0.29 ac | 40 / 15 / 40 ft | 35 ft | Occupancy restricted |
| Office | 0.92 ac | 50 / 50 / 50 ft | 35 ft | No |
| Business | 0.92 ac | 50 / 15 / 30 ft | 35 ft | Occupancy restricted |
| Light/Heavy Industrial | 0.46 ac | 60 / 15 / 30 ft | 35 ft | No |
| Shopping Center | 3 ac | 60 / 30 / 40 ft | 35 ft | No |
| Industrial Business | 0.92 ac | 50 / 30 / 60 ft | 40 ft | Occupancy restricted |
| Industrial | 2 ac | 50 / 30 / 60 ft | 35 ft | No |
ADUs vs. short-term rentals in Newburgh
No local short-term-rental law on record - which is not the same as permission for Town of Newburgh. The Town of Newburgh has no local short-term rental law as of June 2026. That is not the same as permission, so confirm with the Town building department before counting on the use. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.29–2 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityCentral Hudson territory.
- Zoning codeecode360.com/9613838
- Building dept(845) 566-4901
ADU FAQ — Newburgh, NY
Are ADUs allowed in Newburgh, NY?
Town of Newburgh has 11 districts. 7 districts allow ADUs with occupancy restrictions, 4 do not. Check your address with the free ADU checker, or confirm with the building department at (845) 566-4901.
Do I need a special permit for an ADU in Newburgh?
No district in Town of Newburgh requires a special-use permit for an ADU - 7 districts allow ADUs with occupancy restrictions, 4 do not. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Newburgh?
No local short-term-rental law on record - which is not the same as permission for Town of Newburgh. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Newburgh
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $205k–270k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Newburgh, priced by size.
How we know this
- Sections analyzed
- § 185-38 · § 185-3B · § 185-13
- Districts confirmed
- 11 of 11 — every mapped district.
- Last reviewed
- Not covered here
- Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.
More on Newburgh: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Orange County · All Orange County towns
ADU information for Town of Newburgh is compiled from the municipal code (last reviewed 2026-07-08) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (845) 566-4901 before relying on any answer. Source: the Offsite / Aldo zoning dataset.