ADU · Saratoga County
Can you build an ADU in Malta, NY?
Town of Malta has 26 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Malta code says
The zoning chapter provides no residential accessory dwelling unit anywhere in the town. The one accessory dwelling it defines is an employee unit inside a commercial building, not a rental unit accessory to a house.
Conditions the code attaches:
- The employee accessory dwelling unit of § 167-2 must be on the same lot as the primary commercial or agricultural use, subordinate in size, function and occupancy, and for that business's employees.
- The second-unit route in the residential districts is a two-family dwelling, which needs a special permit in R-1, R-3, R-5, R-6 and R-8.
- Building and Planning Department: (518) 899-2685.
What the Malta 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 |
|---|---|---|---|---|
| R-1 Residential | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| R-3 Residential | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| R-4 Residential | 0.34 ac | 40 / 12 / 30 ft | 30 ft | No |
| R-5 Agricultural Residential | 1.84 ac | 50 / 15 / 30 ft | 30 ft | No |
| R-6 Agricultural Residential | 1.84 ac | 50 / 15 / 30 ft | 30 ft | No |
| R-8 Agricultural Residential | 4.98 ac | 50 / 15 / 30 ft | 30 ft | No |
| LC Land Conservation | 4.98 ac | 50 / 50 / 50 ft | 35 ft | No |
| C-2 Commercial Route 9 | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| Route 67 West Overlay | 1.84 ac | 50 / 20 / 40 ft | 40 ft | No |
| C-3 NYSERDA | 0.46 ac | 50 / 20 / 30 ft | 80 ft | No |
| C-5 Exit 11 Hamlet | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| C-5A Auto Exit 11 Hamlet | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| C-7 Highway Commercial | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| C-8 Highway Commercial | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| C-9 Gateway | 0.92 ac | 40 / 20 / 40 ft | 30 ft | No |
| C-10 Highway Commercial | 0.92 ac | 50 / 15 / 30 ft | 30 ft | No |
| DN-4 Downtown Neighborhood | — | — | — | No |
| DC-4 Downtown Civic | — | — | — | No |
| DX-3 Downtown Mixed-Use | — | — | — | No |
| GC-3 Green Corridor | — | — | — | No |
| RA-3 Downtown Residential Attached | — | — | — | No |
| DA-2 Downtown Arts | — | — | — | No |
| DP-2 Downtown Park | — | — | — | No |
| RA-2 Downtown Residential Attached | — | — | — | No |
| RD-2 Downtown Residential Detached | — | — | — | No |
| OS Downtown Open Space | — | 10 / 10 / 10 ft | 20 ft | No |
R-1 Residential - These figures are the one-family standard: every other use here carries its own minimum lot size, frontage, coverage, height and yards. A lot on Route 67 east of Round Lake or Little Round Lake takes a 75 ft front yard instead of 50.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
- Agriculture excluding poultry, livestock and fowl is a permitted principal use on at least 217,000 sq ft with 200 ft of frontage, at 15% coverage with 50 ft on all three yards.
- A church with or without rectory needs a special permit and at least 160,000 sq ft on 300 ft of frontage, with 50 ft of height, a 30 ft side yard and a 60 ft rear yard.
- A library or museum needs a special permit and at least 100,000 sq ft on 300 ft of frontage, and may reach 60 ft of height.
- Keeping equids takes at least 130,680 sq ft and 200 ft of frontage at 25% coverage; hens at least 20,000 sq ft and 100 ft, also at 25%, with further requirements in § 167-35.6.
- For equids and hens the lot size, frontage and coverage apply to the entire premises, while the yards and height apply only to the buildings related to keeping them.
R-3 Residential - The figures shown are the one-family standard. A townhouse is permitted by right on 20,000 sq ft with 100 ft of frontage, keeping the 18% coverage, 30 ft height and 50/15/30 yards, and a mobile home park is permitted by right as well.
- A townhouse takes a zero setback at the property line bisecting the dwelling units (§ 167-6), and its other bulk requirements apply to each dwelling unit rather than to the building.
- A mobile home park is stated per unit: 15,000 sq ft of land, 100 ft of frontage and a 25 ft front yard for each unit, at 20% coverage with a 15 ft side, a 30 ft rear and a 14 ft height.
- A mobile home park may include tiny houses as defined in § 167-2, which must sit on a foundation rather than on wheels and be connected to water and sewer.
- A two-family dwelling needs a special permit, and its yards invert the district's: a 15 ft front, a 30 ft side and a 30 ft rear, at 25% coverage on the same 40,000 sq ft.
- A lot on Route 67 east of Round Lake or Little Round Lake takes a front yard of at least 75 ft instead of the district's 50.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
R-4 Residential - The only permitted principal uses are a one-family dwelling and a residential home business, so there is no second-unit route here. A temporary mobile home, travel trailer or motor home is the one special-permit use, on the same 15,000 sq ft with 100 ft of frontage.
- The 100 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
- Neither a two-family dwelling nor a townhouse is available here, and the district carries no agricultural use and no keeping of equids or chickens.
R-5 Agricultural Residential - A lot on Route 67 east of Round Lake or Little Round Lake takes a 75 ft front yard instead of 50, and here that reaches every use in the district. These figures are the one-family standard: each other use carries its own lot size, frontage, coverage, height and yards.
- A two-family dwelling is a special permit use and costs no additional land, the same 1.8365 acres and frontage as a one-family dwelling, but its coverage cap rises from 18% to 25%.
- Agriculture excluding poultry, livestock and fowl is a permitted principal use on at least 217,000 sq ft with 200 ft of frontage.
- Agriculture with other poultry, livestock and fowl needs a special permit, on the identical 217,000 sq ft with 200 ft of frontage, 15% coverage and 50 ft on all three yards.
- Equids are a permitted principal use on at least 130,680 sq ft with 200 ft of frontage at 15% coverage, and hens on 20,000 sq ft with 100 ft at 25%.
- For equids and hens the lot size, frontage and coverage apply to the entire premises, while the yards and height apply only to the buildings related to keeping them.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
R-6 Agricultural Residential - These figures are the one-family standard: every other use here carries its own minimum lot size, frontage, coverage, height and yards. A lot on Route 67 east of Round Lake or Little Round Lake takes a 75 ft front yard instead of 50.
- A two-family dwelling is a special permit use on the same 1.8365 acres and 300 ft of frontage as a one-family dwelling, with coverage rising from 18% to 25%.
- Agriculture with other poultry, livestock and fowl needs 400 ft of frontage on at least 217,000 sq ft at 15% coverage, with 50 ft front and side yards and a 30 ft rear.
- Agriculture excluding those animals is a permitted principal use on at least 217,000 sq ft with only 200 ft of frontage.
- Equids take 130,680 sq ft on 200 ft and hens 20,000 sq ft on 100 ft; for both, lot size, frontage and coverage apply to the entire premises and the yards and height only to their buildings.
- A library or museum may reach 60 ft of height with a 60 ft front yard, on at least 100,000 sq ft with 300 ft of frontage.
- The 300 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
R-8 Agricultural Residential - These figures are the one-family standard: every other use here carries its own minimum lot size, frontage, coverage, height and yards. A lot on Route 67 east of Round Lake or Little Round Lake takes a 75 ft front yard instead of 50.
- A two-family dwelling takes the full 217,000 sq ft and 300 ft of frontage, the same as a one-family dwelling, with coverage rising from 18% to 25%; it is the most expensive duplex in Malta by land.
- A library or museum needs the full 217,000 sq ft here, and gets 60 ft of height with a 60 ft front yard.
- Agriculture with other poultry, livestock and fowl needs a special permit, at least 217,000 sq ft and 400 ft of frontage, at 15% coverage.
- Agriculture excluding those animals, and the keeping of equids, both take 35 ft of height and 50 ft on all three yards, and a church or rectory takes at least 160,000 sq ft on 300 ft of frontage.
- A temporary mobile home, travel trailer or motor home needs 217,000 sq ft on 300 ft of frontage.
- The 300 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
LC Land Conservation - No dwelling of any kind is available in this district: the one permitted principal use is agriculture excluding poultry, livestock and fowl, on at least 217,000 sq ft with 200 ft of frontage, 35 ft of height and 50 ft on all three yards.
- Where a parcel is split between this district and another, § 167-15 rather than the district standards decides what may be built, so check that first.
- At least 50% of the site must be green space for every use other than a residential one, on top of the 15% building coverage cap.
- Keeping equids needs a special permit and at least 130,680 sq ft, and hens 20,000 sq ft on 100 ft of frontage at 25%.
- Agriculture with other poultry, livestock and fowl needs a special permit, at least 217,000 sq ft with 200 ft of frontage, and a 30 ft rear yard.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-2 Commercial Route 9 - A one-family and a two-family dwelling are both permitted principal uses on the same standard, but the residential exclusion zone shown on the official zoning map prohibits both outright, along with townhouses, on the Route 9 North and Route 67 West corridors.
- Whether a parcel sits inside that mapped exclusion decides whether the residential uses exist for it at all, so check the map before pricing housing here.
- A bar, beer garden, brew pub, office or restaurant needs at least 20,000 sq ft on 100 ft of frontage, and most other commercial uses 40,000 sq ft on 200 ft.
- Auto sales, boat and RV storage, a garden centre, a golf driving range, a grocery, a laboratory, a medical centre, self-service storage, a school or wholesale each need at least 80,000 sq ft.
- A commercial building is capped at 40,000 sq ft of gross floor area unless a larger figure is set for the use.
- Building materials sales and a grocery store are capped at 80,000 sq ft of gross floor area, and mid-size retail at 35,000 sq ft on 300 ft of frontage.
- A multiple dwelling is prohibited within a mixed commercial use.
Route 67 West Overlay - A one-family and a two-family dwelling are prohibited outright here, and the only residential use left, a multiple dwelling, carries a 500 ft front yard. Where the overlay and the underlying district conflict, the overlay applies.
- Every other use in the overlay takes the 50 ft front yard.
- A medical centre needs at least 80,000 sq ft on 300 ft of frontage and may reach 50 ft of height, as may a club or lodge on 80,000 sq ft with 200 ft of frontage.
- Personal service shops, restaurants and convenience stores without gas need at least 20,000 sq ft on 100 ft of frontage, and a restaurant is capped at 20,000 sq ft of gross floor area.
- A recreation facility needs at least 40,000 sq ft on 200 ft of frontage and is capped at 35,000 sq ft of gross floor area, and mid-size retail 80,000 sq ft on 300 ft under the same cap.
- A wholesale business needs at least 80,000 sq ft on 200 ft of frontage, capped at 40,000 sq ft of gross floor area.
- The overlay adds uses to the underlying district rather than replacing it.
C-3 NYSERDA - The 80 ft height is not uniform by use: a fitness centre or a recreation facility is held to 50 ft, while light industry, research and development, conference centres, museums and libraries reach the full 80 ft.
- The 20,000 sq ft and 100 ft of frontage are the office standard, with 30% of the site as green space.
- Light industry has no minimum lot at all, on 200 ft of frontage with the same 80 ft height and a 15 ft side yard.
- Adult entertainment needs at least 40,000 sq ft on 200 ft of frontage, and research and development 80,000 sq ft on 200 ft.
- A townhouse, the only residential use here, takes 20,000 sq ft on 100 ft, 30 ft of height, a 40 ft front yard that becomes 500 ft from Route 9, and 0 ft at the party wall, 15 ft otherwise.
- The 100 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-5 Exit 11 Hamlet - A one-family and a two-family dwelling are both permitted principal uses on the identical standard, so a duplex needs no more land than a house: at least 40,000 sq ft on 200 ft of frontage, 30 ft of height, a 50 ft front yard, 15 ft side and 30 ft rear.
- C-5 and C-5A share that residential standard and differ in which commercial uses each carries, so check the uses rather than the dimensions.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-5A Auto Exit 11 Hamlet - A one-family and a two-family dwelling are both permitted principal uses on the identical standard, so a duplex needs no more land than a house: at least 40,000 sq ft on 200 ft of frontage, 30 ft of height, a 50 ft front yard, 15 ft side and 30 ft rear.
- This district carries the same dimensions as C-5 wherever the two share a use; what differs is which commercial uses each one allows.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-7 Highway Commercial - Against an existing residential development or a filed residential plat the Planning Board sets a buffer, and a buffer under 40 ft wide must carry a vinyl, wood or masonry fence or wall six feet high at 100% opacity, with planting as well.
- A townhouse takes half the land and half the frontage, 20,000 sq ft on 100 ft, with a 40 ft front yard that becomes 500 ft from Route 9 and 0 ft at the party wall, 15 ft otherwise.
- The fence or wall may be required up to eight feet, and planting must reach 75% opacity of the fence within three years and 50% opacity overall in all seasons.
- The landscaping plan must be drawn by a licensed landscape architect, and the work completed or paid for in full before a certificate of occupancy.
- A one-family and a two-family dwelling are both permitted principal uses on at least 40,000 sq ft with 200 ft of frontage, 30 ft of height and a 50 ft front, 15 ft side and 30 ft rear yard.
- Agriculture excluding poultry, livestock and fowl sits inside this highway district on at least 120,000 sq ft with 200 ft of frontage, 35 ft of height and 50 ft on all three yards.
C-8 Highway Commercial - Against an existing residential development or a filed residential plat the Planning Board sets a buffer, and a buffer under 40 ft wide must carry a fence or wall six feet high at 100% opacity, with planting as well.
- A townhouse takes 0.4591 acres on 100 ft against the detached row's 40,000 sq ft on 200 ft, with a 40 ft front yard that becomes 500 ft from Route 9 and 0 ft at the party wall, 15 ft otherwise.
- Planting must reach 75% opacity of the fence within three years and 50% opacity overall in all seasons.
- The landscaping plan must be drawn by a licensed landscape architect, and the work completed or paid for in full before a certificate of occupancy.
- A one-family dwelling is a permitted principal use on at least 40,000 sq ft with 200 ft of frontage, 30 ft of height and a 50 ft front, 15 ft side and 30 ft rear yard.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-9 Gateway - A multiple dwelling may not exceed 15 units per nonconstrained acre. It takes at least 40,000 sq ft on 200 ft of frontage, 40 ft of height, 50 ft side and rear yards, and a front yard of the greater of 50 ft or 500 ft from Route 9.
- A senior multiple dwelling takes the identical figures.
- A one-family or two-family dwelling keeps a 50 ft front yard, a 15 ft side and a 30 ft rear rather than the 40, 20 and 40 the commercial uses take.
- Against an existing residential development or a filed residential plat, a Planning Board buffer with a screening and opacity requirement applies here as well.
- At least 30% of the site must be green space on the commercial standard.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
C-10 Highway Commercial - A one-family and a two-family dwelling are both permitted principal uses on the identical standard, so a duplex needs no more land than a house: at least 40,000 sq ft on 200 ft of frontage, 30 ft of height, a 50 ft front yard, 15 ft side and 30 ft rear.
- The residential buffer and opacity requirement that binds C-7, C-8 and C-9 does not reach this district.
- The 200 ft is frontage along the road, and the code sets no width at the building line; § 167-16 sets a separate minimum road frontage for flag lots.
DN-4 Downtown Neighborhood - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the four-storey cap is the one dimension the district itself fixes. Across the building types four storeys appears as 50 feet.
DC-4 Downtown Civic - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the four-storey cap is the one dimension the district itself fixes. Four storeys appears as 50 feet in the types that permit it.
DX-3 Downtown Mixed-Use, RA-3 Downtown Residential Attached - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the three-storey cap is the one dimension the district itself fixes. Across the building types three storeys appears as 40 feet.
GC-3 Green Corridor - Buildings here may not exceed three stories under § 2 of the downtown code, and that is the one dimension the district itself fixes: lot area, setbacks and coverage are set by the building type under § 3 instead.
DA-2 Downtown Arts - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the two-storey cap is the one dimension the district itself fixes. Two stories is 30 feet on one building type and 35 feet on another.
DP-2 Downtown Park - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the two-storey cap is the one dimension the district itself fixes. Two stories appears as 35 feet in the types that permit it.
RA-2 Downtown Residential Attached - Buildings here may not exceed two stories under § 2 of the downtown code, carried in the building type standards as 2 stories and 35 feet. Lot area, setbacks and coverage are set by the building type under § 3 rather than by the district.
RD-2 Downtown Residential Detached - Lot area, setbacks and coverage are set by the building type under § 3 of the downtown code rather than by the district, so the two-storey cap is the one dimension the district itself fixes. Two stories appears as 35 feet in the building type standards.
OS Downtown Open Space - At least 95% of the site must be permanent outdoor amenity space and there is no on-site parking, which is the standard that decides what can be built here, ahead of the 10 ft setbacks and 20 ft of height.
- That 95% is a floor on outdoor amenity space rather than a ceiling on building coverage, and the two are not interchangeable.
- This district states its dimensions directly rather than through a building type.
ADUs vs. short-term rentals in Malta
No local short-term-rental law on record - which is not the same as permission for Town of Malta. The Town of Malta has no local short-term rental law, and that is not the same as permission: the zoning chapter works as a closed list, so a use it does not name is not thereby authorised. Confirm in writing with the Building and Planning Department first. 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 minimum0.34–4.98 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codeecode360.com/MA1379/laws/LF2751895.pdf
- Building dept(518) 899-2685
ADU FAQ — Malta, NY
Are ADUs allowed in Malta, NY?
Town of Malta has 26 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (518) 899-2685.
Do I need a special permit for an ADU in Malta?
No. No district in Town of Malta permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (518) 899-2685 before ruling it out.
Can I use an ADU as a short-term rental in Malta?
No local short-term-rental law on record - which is not the same as permission for Town of Malta. 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 Malta
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–260k 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 Malta, priced by size.
How we know this
- Zoning code
- ecode360.com/MA1379/laws/LF2751895.pdf
- Districts confirmed
- 26 of 26 — 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 Malta: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Saratoga County · All Saratoga County towns
ADU information for Town of Malta is compiled from the municipal code (last reviewed 2026-07-31) 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) 899-2685 before relying on any answer. Source: the Offsite / Aldo zoning dataset.