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ADU · Saratoga County

Can you build an ADU in Wilton, NY?

Town of Wilton has 14 districts. 7 districts prohibit ADUs, 3 allow them, 3 require a special-use permit. 1 district has incomplete data - verify with the building department at (518) 587-1939. Check your address to confirm the district that applies to your parcel:

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What the Wilton code says

An accessory apartment, a rentable second unit with no owner-occupancy or family condition, is allowed by right in RB-1, CR-1 and CR-2 and by special permit in R-1, R-2 and R-3. It is not allowed in R-M, H-1, C-1, C-2, C-3, I-1 or CRT.

Conditions the code attaches:

How big an ADU can be in Wilton

Size limits are set per district, and a unit inside the house is a different standard from a detached one. These are the figures the code publishes.

Accessory dwelling unit

40% of the principal dwelling, or 800 sq ft — whichever is smaller

R-1, R-2, R-3 · § 129-176P(3)

3 other districts allow an accessory unit but the code publishes no size for them here, so this page does not state one.

What the Wilton 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 0.46 ac 50 / 20 / 50 ft 35 ft Special permit
R-2 Residential 2.3 ac 50 / 40 / 50 ft 35 ft Special permit
R-3 Residential 2.75 ac 75 / 100 / 200 ft 35 ft Special permit
R-M Mobile Home Park 10 ac 100 / 100 / 100 ft — No
RB-1 Residential Business 0.46 ac 30 / 20 / 50 ft 35 ft As of right
H-1 Hamlet One 0.23 ac 25 / 15 / 30 ft 35 ft No
C-1 Commercial 0.92 ac 50 / 30 / 50 ft 35 ft No
C-2 Business/Light Industrial 0.92 ac 45 / 30 / 50 ft 35 ft No
C-3 Commercial/Light Industrial 0.92 ac 45 / 30 / 50 ft 35 ft No
I-1 Industrial 2.75 ac 100 / 50 / 75 ft 35 ft No
CRT Composting/Recycling/Transfer/C&D Processing 2.75 ac 100 / 75 / 75 ft 35 ft No
CR-1 Commercial-Residential One 0.46 ac 45 / 20 / - ft 35 ft As of right
CR-2 Commercial-Residential Two 0.92 ac 30 / 35 / 50 ft 35 ft As of right
PUD Planned Unit Development 10 ac — — —

R-1 Residential - The lot size, frontage and side yard shown assume municipal water and sewer; with one of them or neither, a larger lot is required and the frontage and side yard change. With municipal water and sewer, a corner lot needs 30,000 sq ft and 150 ft of frontage on each road or street.

  • With one municipal utility a lot needs 30,000 sq ft on 150 ft of frontage with 25 ft side yards; with neither, 40,000 sq ft on 150 ft.
  • A two-family dwelling needs a special permit and 40,000 sq ft on 200 ft fully serviced, 60,000 sq ft on 250 ft with one utility, and 80,000 sq ft, nearly 2 acres, with neither.
  • Its side yard is 25 ft, rising to 40 ft on an unserviced lot, the widest side yard of any dwelling row, and its minimum floor area is 1,500 sq ft against the one-family 750 sq ft.
  • The minimum lot width shown is frontage measured along the street, which on an irregular or flag-shaped lot is not the same as width at the building line.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.

R-2 Residential - The 100,000 sq ft lot minimum is one flat figure that does not change with municipal water or sewer. At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.

  • A duplex needs half again the land, 150,000 sq ft against 100,000, about 3.4 acres, on the same 250 ft of frontage and the same yards, with the minimum floor area doubling to 1,500 sq ft.
  • The minimum lot width shown is frontage measured along the street, which on an irregular or flag-shaped lot is not the same as width at the building line.
  • Agriculture without animals needs 200,000 sq ft on 400 ft with a 60 ft front yard; with animals it is a special use with a 75 ft front yard and 100 ft side and rear yards.
  • Boarding of horses or a riding stable needs 400,000 sq ft on 400 ft of frontage, and private stables 120,000 sq ft with 100 ft side and rear yards.
  • Boardinghouses, tourist homes and bed-and-breakfast facilities are special-permit uses on the same figures as a one-family house.

R-3 Residential - The 120,000 sq ft lot minimum is one flat figure that does not change with municipal water or sewer. At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.

  • A duplex needs no more land than a house here: the two-family row matches the one-family row in every dimension, and only the minimum floor area moves, from 720 to 1,500 sq ft.
  • H-1 is the other district where a two-family never needs more land than a house, at 10,000 sq ft for both.
  • The minimum lot width shown is frontage measured along the street, which on an irregular or flag-shaped lot is not the same as width at the building line.
  • Agriculture without animals needs 200,000 sq ft on 400 ft; agriculture with animals, private stables, and boardinghouses, tourist homes and bed-and-breakfast facilities are special uses.
  • Public utilities need 120,000 sq ft on 300 ft of frontage with a 100 ft front yard.

R-M Mobile Home Park - The figures shown are for the mobile home park as a whole. Each home's lot inside the park needs 10,000 sq ft with a 75 ft narrow dimension on central water and the Saratoga County Sewer System, or 15,000 sq ft with 100 ft on central water alone.

  • The 250 ft of frontage must be on a public road.
  • The 100 ft setbacks apply from any adjacent property line and from any public street.
  • Mobile homes must be 35 ft apart and 25 ft from internal roadways, with a 75 ft perimeter buffer.
  • The park site must be well drained, graded for rapid runoff and cleared of brush.

RB-1 Residential Business - The lot size, frontage and side yard shown assume municipal water and sewer; with one of them or neither, a larger lot is required and the frontage and side yard change. With municipal water and sewer, a corner lot needs 30,000 sq ft and 150 ft of frontage on each road or street.

  • A duplex is a principal permitted use with both utilities at 40,000 sq ft on 200 ft; with one utility it needs 60,000 sq ft on 250 ft, and unserviced 80,000 sq ft with 40 ft side yards.
  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • Paved areas have their own setbacks: 15 ft side and rear and 30 ft front, or 50 to 100 ft, as the Planning Board fixes, where the use abuts R-1, R-2, R-3 or an exclusively residential PUD.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • A small retail business or small business office is a special use at 40,000 sq ft on 200 ft, only under 10,000 gross square feet across all buildings; a general business office needs 60,000 sq ft.
  • Bed-and-breakfast facilities, boardinghouses and tourist homes need 80,000 sq ft on 250 ft, and the boarding of animals is prohibited here.

H-1 Hamlet One - A two-family dwelling is permitted by right on the same 10,000 sq ft lot as a single house, and every use takes that lot on 80 ft of frontage, except places of worship on 100 ft. The front yard is a 25 to 35 ft range, which reads as a band with a maximum as well as a minimum.

  • Apartments exist only as the residential part of a mixed-use building, at up to 8 units per acre with the non-residential part at least 10% of gross floor area, under 2 units on a 10,000 sq ft lot.
  • Height is occupied height: 50 ft with 15 ft unoccupied for the front 50 feet of a building next to the road, and 55 ft with 20 ft unoccupied behind that.
  • A corner lot needs 15,000 sq ft rather than 10,000.
  • Over 2,500 gross leasable sq ft, restaurants, business offices, convenience stores, banks, retail, laundromats, dry cleaning, personal service shops and day care need a Planning Board special permit.
  • Non-residential uses abutting residential ones take a combined setback of 20 ft, or 60 ft if it is the rear setback; pavement setbacks are 30 ft front and 15 ft side or rear.
  • At least 35% of the lot must be green space, no Wilton schedule sets a maximum building coverage, and the boarding of animals is prohibited here.

C-1 Commercial - Residential use is prohibited here. Where a use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft, and adequate screening is required as the Planning Board determines.

  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • At least 25% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • Restaurants, veterinary hospitals, funeral parlours, drive-throughs, retail, service stations, recreation, laundromats, kennels, outdoor sales, clubs and places of worship take a 100 ft rear yard.
  • Lot minimums by use, in square feet: 60,000 for personal service shops, and 120,000 for motels and hotels, government offices, clubs and lodges, places of worship and public utilities.
  • An enclosed shopping mall needs 2,178,000 sq ft on 300 ft, and hospitals and health services 200,000 on 300 ft, both with 100 ft side and rear yards.
  • Senior living communities may reach 45 ft and require Town Board approval.

C-2 Business/Light Industrial - Residential uses are prohibited here. Where a use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft, and adequate screening is required as the Planning Board determines.

  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • Assembly and packaging of products, bakeries, laboratories, printing and publication, and warehousing and distribution need 80,000 sq ft.
  • Lot minimums by use, in square feet: 60,000 for business offices, clubs and lodges, and convenience stores; 120,000 for motels and hotels, outdoor and automobile sales, and places of worship.
  • Business offices, clubs and veterinary offices take a 50 ft side and 75 ft rear yard; restaurants, retail, service stations, drive-throughs and motels take a 30 ft side and 100 ft rear.

C-3 Commercial/Light Industrial - Residential uses are prohibited here. Where a use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft, and adequate screening is required as the Planning Board determines.

  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • A business office needs 40,000 sq ft with a 30 ft side and 100 ft rear yard; convenience stores also need 40,000 sq ft, while clubs and lodges need 120,000 sq ft.
  • Assembly and packaging, bakeries, commercial laundry and dry-cleaning, and electronics, telecommunications and computer business or service offices need 80,000 sq ft.
  • Hospitals and health services need 200,000 sq ft with 100 ft side and rear yards.

I-1 Industrial - Residential use is prohibited here. Where a use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft, and adequate screening is required as the Planning Board determines.

  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • The two warehousing uses carry a 45 ft height figure rather than 35.
  • Automobile wrecking and junkyards need 300,000 sq ft on 300 ft of frontage, and composting facilities 200,000 sq ft on 300 ft with a 75 ft side yard.
  • Public utilities, a special permitted use, need 120,000 sq ft on 200 ft.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • Telecommunication towers are governed by § 129-176L.

CRT Composting/Recycling/Transfer/C&D Processing - The 10% coverage cap counts all buildings plus outside product storage and processing areas, excluding composting and clean wood processing, and multiple uses cannot exceed it together. Every use needs Planning Board site plan review and Part 360 compliance.

  • A CRT use or building must be at least 100 ft from the nearest residential property line or residential district, though parking may be within 50 ft.
  • Where a use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, and adequate screening must be provided.
  • A composting facility needs 200,000 sq ft on 300 ft of frontage.
  • Residential use is prohibited.
  • The 35 ft height is the real maximum here, with no allowance for unoccupied space above it.

CR-1 Commercial-Residential One - The rear yard for a one-family house with municipal water and sewer is not confirmed; confirm it with the Building Department. With less service, and for a two-family dwelling, the rear yard is 50 ft.

  • With one municipal utility a lot needs 30,000 sq ft on 150 ft with 25 ft side yards; unserviced, 40,000 sq ft on 150 ft. A duplex is permitted by right at 40,000 sq ft on 200 ft with 25 ft sides.
  • The lot size, frontage and side yard shown assume municipal water and sewer; with one or neither a larger lot is required, and a corner lot needs 30,000 sq ft and 150 ft of frontage on each road.
  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • Sit-down restaurants, offices, banks, retail and many other commercial uses need 40,000 sq ft on 200 ft with a 45 ft front, 30 ft side and 100 ft rear yard.
  • When a commercial use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.

CR-2 Commercial-Residential Two - The lot size, frontage and side yard shown assume municipal water and sewer. With less service a one-family lot needs 60,000 sq ft with one utility or 80,000 sq ft, nearly 2 acres, with neither, and frontage rises to 250 ft and the side yard to 40 ft.

  • A two-family dwelling needs 60,000 sq ft with municipal water and sewer, 90,000 sq ft with one of them and 120,000 sq ft, nearly 3 acres, with neither; only R-2's duplex, at 150,000 sq ft, needs more.
  • A one-family corner lot with municipal water and sewer needs 30,000 sq ft rather than 40,000, but must have 150 ft of frontage on each road or street.
  • A building may reach 55 ft provided the top 20 ft is unoccupied; the 35 ft shown is the occupied height.
  • At least 35% of the lot must be green space, and no Wilton schedule sets a maximum building coverage.
  • When a commercial use abuts any residential district, the side setback rises to at least 100 ft and the rear to at least 150 ft, though parking may come within 50 ft.
  • A small retail business is permitted only under 10,000 gross square feet across all buildings, on 40,000 sq ft and 200 ft.

PUD Planned Unit Development - The 10 acres shown is the minimum for a residential PUD; a commercial PUD needs 3 acres and an industrial one 5 acres, and a smaller site needs the vote of at least four-fifths of the Town Board. A project of only single-family detached houses does not qualify.

  • At least 35% of the gross area must remain green space (§ 129-115E).
  • Density is figured on buildable land, excluding regulated wetlands, certain streams, slopes over 15% and other significant areas, less 20% for streets, drives, parking and utility easements.
  • Apartment and multifamily PUDs are capped at 8 units per acre of net buildable land, considered only in RB-1, CR-1, CR-2, C-1 and C-2, and need public water and sewer.
  • A single-family detached portion outside a residential district follows the nearest residential district, or the more restrictive of two equally near.
  • The PUD is treated as one parcel for the district schedules, and individual buildings need not conform, provided the variation is not contrary to the intent of the chapter.
  • An exclusively residential PUD gets the same 50 to 100 ft paved side and rear setback from abutting RB-1 uses as R-1, R-2 or R-3.

ADUs vs. short-term rentals in Wilton

Short-term rentals allowed with local rules for Town of Wilton. Wilton has no short-term rental law, but its zoning defines a tourist home as a dwelling offering overnight accommodations to transient guests for compensation, and does not list that use in R-1. Confirm how the Town applies it before counting on 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

ADU FAQ — Wilton, NY

Are ADUs allowed in Wilton, NY?

Town of Wilton has 14 districts. 7 districts prohibit ADUs, 3 allow them, 3 require a special-use permit. 1 district has incomplete data - verify with the building department at (518) 587-1939. Check your address with the free ADU checker.

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

It depends on the district: 3 of 14 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 Wilton?

Short-term rentals allowed with local rules for Town of Wilton. 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 Wilton

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 Wilton, priced by size.

How we know this

Zoning code
ecode360.com/11167705
Districts confirmed
13 of 14 — 1 not yet analyzed, so this page does not answer for it.
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.

ADU information for Town of Wilton is compiled from the municipal code (last reviewed 2026-07-28) 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) 587-1939 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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