ADU · Saratoga County

Can you build an ADU in Milton, NY?

Town of Milton has 9 districts. 8 districts allow ADUs with a special-use permit, 1 does not. Check your address to confirm the district that applies to your parcel:

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What the Milton code says

An accessory dwelling needs a special permit, and Milton's residential form must be devoted exclusively to housing family members, so it cannot be rented to a non-relative.

Conditions the code attaches:

The residential form may be in a separate building or within or attached to a new or existing detached one-family dwelling.
As a principal use, the residential form needs a special permit in R1, R2, MU, H1 and H2 and is prohibited in TC and CMU.
As an accessory use, an accessory dwelling needs a special permit in R1, R2, TC, MU, H1 and H2, and in CMU, where the Building Department is the place to confirm it.
A unit in or beside a building whose principal use is not residential needs a special permit wherever that principal use is permitted or special-permitted.
Under § 180-42F the Zoning Enforcement Officer or Code Enforcement Official must approve the unit's design, location and access in writing.
Building Department: (518) 885-9220.

What the Milton 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
R1 Residential	0.5 ac	50 / 20 / 50 ft	35 ft	Special permit
R2 Rural	5 ac	150 / 50 / 75 ft	35 ft	Special permit
R2os Rural Open Space Incentive	1 ac	50 / 20 / 75 ft	35 ft	Special permit
TC Town Center	—	10 / - / 20 ft	50 ft	Special permit
MU Mixed Use	0.25 ac	30 / 25 / 30 ft	35 ft	Special permit
CMU Corridor Mixed Use	0.25 ac	75 / 12 / 25 ft	35 ft	Special permit
H1 Rock City Falls Hamlet	1 ac	15 / 12 / 50 ft	35 ft	Special permit
H2 West Milton Hamlet	1 ac	15 / 12 / 50 ft	35 ft	Special permit
A Airport	2 ac	75 / 50 / 75 ft	35 ft	No

R1 Residential - Density, not the half-acre lot minimum, sets how many homes a parcel yields: 1 dwelling unit per acre without sewer and water, 2 with them.

Actual lot area may be significantly larger than the minimum, based on the maximum dwelling unit density.
A structure may be built anywhere within the setbacks of the two adjacent structures on the same side of the street, and a corner lot may use the setback of the adjacent lot on each side.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

R2 Rural - The open space incentive option, R2os, sets a one-acre lot minimum, 100 ft of lot width and a 50 ft front yard in place of these figures. Sewer and water service does not raise the density here.

Actual lot area may be significantly larger than the minimum, based on the maximum dwelling unit density.
A structure may be built anywhere within the setbacks of the two adjacent structures on the same side of the street, and a corner lot may use the setback of the adjacent lot on each side.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

R2os Rural Open Space Incentive - In an open space subdivision, the building area of new lots must stay at least 150 ft from adjacent properties outside the subdivision and from preexisting town, county and state roads.

The side and rear yards shown apply to interior lot lines within the subdivision.
Density is the same as conventional R2, so clustering buys smaller lots and preserved open space, not more houses.
The Planning Board may grant a discretionary bonus of up to 50% above the maximum density under § 180-30.
A structure may be built anywhere within the setbacks of the two adjacent structures on the same side of the street, and a corner lot may use the setback of the adjacent lot on each side.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

TC Town Center - The front yard is a build-to band of at least 10 ft and no more than 15 ft. Density rises from 1 to 16 units per acre with sewer and water, but 16 is the intended maximum for an apartment building.

Actual density may be significantly less than 16 through site plan review, including compatibility with residential abutters.
Where a utility easement prevents building to the prescribed setback, the structure is placed as close as possible to the street line.
A multifamily dwelling is permitted by right. One-family and two-family dwellings are prohibited.
There is no minimum lot area and no side yard requirement in TC.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

MU Mixed Use - Density rises from 1 to 16 dwelling units per acre with sewer and water. Multifamily and two-family dwellings are permitted by right, while a one-family dwelling needs a special permit.

Actual lot area may be significantly larger than the minimum, based on the maximum dwelling unit density.
In the residential districts a structure may be built anywhere within the setbacks of the two adjacent structures on the same side of the street; a corner lot may use each adjacent lot's setback.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

CMU Corridor Mixed Use - Buildings set back 75 ft or more from Route 50 may be up to 50 ft tall; the 35 ft limit applies to buildings fronting Route 50. Density rises from 1 to 16 units per acre with sewer and water.

A multifamily dwelling is permitted by right. One-family and two-family dwellings are prohibited.
Actual lot area may be significantly larger than the minimum, based on the maximum dwelling unit density.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

H1 Rock City Falls Hamlet, H2 West Milton Hamlet - Density rises from 1 to 3 dwelling units per acre with sewer and water. One-family dwellings are permitted by right and two-family dwellings need a special permit.

Actual lot area may be significantly larger than the minimum, based on the maximum dwelling unit density.
A structure may be built anywhere within the setbacks of the two adjacent structures on the same side of the street, and a corner lot may use the setback of the adjacent lot on each side.
The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.

A Airport - Every residential use is prohibited in the A district, including one-family, two-family, multifamily, accessory and mobile home dwellings.

The total coverage cap counts all impervious surface, buildings and paving together; the building coverage cap is the footprint alone.
The runway protection zone overlay applies over this area as an obstruction and use restriction.

ADUs vs. short-term rentals in Milton

No local short-term-rental law on record - which is not the same as permission for Town of Milton. The Town of Milton has no local short-term rental law, and that is not the same as permission. Confirm with the Building Department before counting on short-term rental income. 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 minimum0.5–5 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityNational Grid territory.
Zoning codeecode360.com/9164648
Building dept(518) 885-9220

ADU FAQ — Milton, NY

Are ADUs allowed in Milton, NY?

Town of Milton has 9 districts. 8 districts allow ADUs with a special-use permit, 1 does not. Check your address with the free ADU checker, or confirm with the building department at (518) 885-9220.

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

It depends on the district: 8 of 9 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 Milton?

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

Run the free ADU check for your parcel →

What an ADU costs to build in Milton

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 Milton, priced by size.

How we know this

Sections analyzed: Ch. 180 § 180-5 definitions (dwelling, accessory — residential and — nonresidential); the district Use Schedule, principal and accessory rows
Districts confirmed: 9 of 9 — every mapped district.
Last reviewed: 2026-07-31
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 Milton: 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 Milton 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) 885-9220 before relying on any answer. Source: the Offsite / Aldo zoning dataset.