ADU · Rensselaer County

Can you build an ADU in Nassau, NY?

Village of Nassau has 5 districts. 3 districts prohibit ADUs, 1 requires a special-use permit. 1 district has incomplete data - verify with the building department at (518) 766-3044. Check your address to confirm the district that applies to your parcel:

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What the Nassau code says

An accessory apartment is allowed only in the R3,500 district, by special permit from the Planning Board plus site plan approval. It must be within a single-family dwelling or within an accessory structure to one, such as a barn or garage.

Conditions the code attaches:

An accessory apartment is not permitted in the R5A, R10,000 or GB districts.
In the LC overlay district, the rule is not confirmed. Confirm with the building department at (518) 766-3044.
Minimum floor area is 600 square feet for an efficiency or accessory apartment, 650 for one bedroom, 750 for two and 850 for three.
The apartment must come with additional parking.
A mobile home or single-wide manufactured home does not count as an accessory apartment.
In R3,500, a two-family dwelling is a permitted principal use.

What the Nassau 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
Very-Low-Density Residential District	1 ac	50 / 17 / 50 ft	35 ft	No
Single-Family Residential District	0.5 ac	25 / 10 / 25 ft	35 ft	No
Single- and Multifamily Residential District	0.5 ac	25 / 10 / 25 ft	35 ft	Special permit
General Business District	0.5 ac	10 / 5 / 30 ft	40 ft	No
Land Conservation Overlay District	1 ac	80 / 50 / 50 ft	35 ft	—

ADUs vs. short-term rentals in Nassau

No local short-term-rental law on record - which is not the same as permission for Village of Nassau. The Village of Nassau has no local short-term rental law, and that is not the same as permission. Confirm with the 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 minimum0.5–1 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityNational Grid territory.
Zoning codeecode360.com/11975799
Building dept(518) 766-3044

ADU FAQ — Nassau, NY

Are ADUs allowed in Nassau, NY?

Do I need a special permit for an ADU in Nassau?

It depends on the district: 1 of 5 require a special-use permit, the rest do not. Check the district that applies to your parcel before you design.

Can I use an ADU as a short-term rental in Nassau?

No local short-term-rental law on record - which is not the same as permission for Village of Nassau. 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.

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What an ADU costs to build in Nassau

Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $195k–255k 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 Nassau, priced by size.

How we know this

Sections analyzed: Ch. 120 Zoning (am. in its entirety 2-13-2019): Art II § 120-2, § 120-2.1; Art III § 120-6 Definitions (accessory apartment); Art V §§ 120-14 to 120-16 (R5A); Art VI §§ 120-20 to 120-22 (R10,000); Art VII § 120-27, § 120-28, § 120-29A(1) (R3,500); Art VIII (GB); Art IX (LC Overlay); Art XI Special Permits; Art XII Site Plan Approval; Art XIII § 120-57 Dwellings
Districts confirmed: 4 of 5 — 1 not yet analyzed, so this page does not answer for it.
Last reviewed: 2026-08-05
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 Nassau: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Rensselaer County · All Rensselaer County towns

ADU information for Village of Nassau is compiled from the municipal code (last reviewed 2026-08-05) 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 (518) 766-3044 before relying on any answer. Source: the Offsite / Aldo zoning dataset.