ADU · Sullivan County
Can you build an ADU in Fallsburg, NY?
Town of Fallsburg has 7 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Fallsburg code says
Fallsburg's zoning carries no accessory apartment or accessory dwelling unit use, so a second unit added to a single-family lot is not available in AG, REC, R, HR, B, MX or PRD. A second unit is only possible where a district allows one as its own principal use.
Conditions the code attaches:
- Two-family dwellings are a permitted use in HR on 25,000 square feet and in PRD on 1.5 acres.
- Duplex development is a special permit use in the R district, subject to § 310-5.30.
- Multifamily dwellings of three to four units are a permitted use in HR at 37,500 square feet.
- MX allows living-over-the-store dwellings and artist live/work units as permitted uses.
- Accessory uses listed for these districts run to items such as private garages and parking, storage sheds, swimming pools and private greenhouses, not living space.
- Confirm any second-unit plan with the building department at (845) 434-8811 before you rely on it.
What the Fallsburg 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 |
|---|---|---|---|---|
| Agricultural District | 10 ac | 50 / 50 / 50 ft | 35 ft | No |
| Low-Density Residential/Recreation District | 3 ac | 75 / 40 / 50 ft | 35 ft | No |
| Residence District | 0.5 ac | 35 / 20 / 25 ft | 35 ft | No |
| Hamlet Residence District | 0.29 ac | 35 / 10 / 25 ft | 35 ft | No |
| Business District | 0.23 ac | 35 / 10 / 25 ft | 35 ft | No |
| Mixed Use District | 0.29 ac | 35 / 10 / 25 ft | 35 ft | No |
| Planned Resort Development District | 0.75 ac | 150 / 25 / 25 ft | 35 ft | No |
Agricultural District - A one-family house sits on 10 acres with 350 feet of lot width, 50 feet to the front, rear and each side line, 100 feet for both sides together, 10% lot coverage, 1,200 square feet of floor area and 35 feet of height.
- Farm worker housing, two units per farm, moves the front setback to 75 feet and the floor area to 750 square feet on the same 10 acre lot.
- Hunting and fishing cabins take a 100 foot front setback, 75 feet to the rear and each side, 150 feet for both sides and 800 square feet of floor area.
- Class 2 agricultural operations, commercial forestry and concentrated animal feeding operations take 500 feet of width, 100 feet to the rear and sides and 200 feet for both.
- Wildlife and game preserves take 25 acres and 750 feet of width, hog raising takes 50 acres, and a home occupation takes 0.5 acre.
- Kennels need a special permit, 25 acres, 1,000 feet of width, 500 foot setbacks and 20% coverage, and quarry operations a 200 foot front setback.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Low-Density Residential/Recreation District - A one-family house without public sewer sits on 3 acres with 200 feet of lot width, 75 feet to the front, 50 feet to the rear, 40 feet to one side and 80 feet for both, 10% lot coverage, 1,200 square feet of floor area and 35 feet of height.
- On public sewer the same house needs 2 acres.
- A manufactured home park without public water and sewer takes 10 acres, 750 feet of width, 50 feet to each side, 100 feet for both, 20% coverage and 980 square feet of floor area.
- Vacation campgrounds and retreats need a special permit on 25 acres with a 200 foot front setback, 150 feet to the rear and sides and 300 feet for both.
- Hotels and resort hotels need a special permit on 10 acres with 500 feet of width, 100 foot setbacks, 20% coverage and 250 square feet per room.
- An accessory structure is held to 25 feet of height.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Residence District - A one-family house on public sewer and water sits on 0.5 acre with 100 feet of lot width, 35 feet to the front, 25 feet to the rear, 20 feet to one side and 40 feet for both, 20% lot coverage, 1,200 square feet of floor area and 35 feet of height.
- Without public sewer and water the same house needs 3 acres, 200 feet of width, 50 feet to the front and rear, 40 feet to one side, 80 feet for both and 10% coverage.
- A townhouse development needs a special permit, 10 acres, 500 feet of width, 150 feet to the front, 50 feet to the rear and each side, 100 feet for both and 30% coverage.
- Each townhouse unit counts on 14,500 square feet of land, floor areas run 1,100 square feet for three bedrooms, 950 for two and 800 for one, and 7 units may share a building.
- A duplex development needs a special permit and a site of at least 10 acres under § 310-5.30.
- In a duplex development the front yard is 150 feet from an external public right of way, side and rear yards are 50 feet, and 25% caps everything built or paved.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Hamlet Residence District - A one-family house on public sewer and water sits on 0.287 acre, 12,500 square feet, with 100 feet of lot width, 35 feet to the front, 25 feet to the rear, 10 feet to one side and 30 feet for both, 25% coverage, 1,200 square feet of floor area and 35 feet of height.
- A two-family house takes 0.5739 acre, 25,000 square feet, 125 feet of width, 20 feet to one side, 50 feet for both and 1,500 square feet of floor area.
- Multifamily of three or four units takes 0.8609 acre, 37,500 square feet, 150 feet of width, 25 feet to one side, 50 feet for both and 800 square feet of floor area.
- Multifamily of more than four units takes 1.1478 acre, 50,000 square feet, and 200 feet of width under § 310-5.14.
- A townhouse development needs a special permit, 5 acres, 350 feet of width, 50 feet to the front, rear and each side, 100 feet for both, 30% coverage and 12,500 square feet per unit.
- A duplex development needs a special permit, at least 10 acres and 25% on everything built or paved under § 310-5.30.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Business District - The commercial rows of this district sit on 0.2296 acre, 10,000 square feet, with no required width, 35 feet to the front, 25 feet to the rear, 10 feet to one side, 20 feet for both, 75% coverage and 35 feet of height.
- A dwelling over a store carries no lot area, width or setback of its own, only a minimum floor area of 800 square feet and the 35 foot height.
- A retail store and agribusiness are held to 70% coverage, public utilities to 50%, and a house of worship, a religious use or a home occupation to 25%.
- A home occupation sits on 0.5 acre, and public parks and playgrounds on 3 acres with 200 feet of width, a 75 foot front setback and 10% coverage.
- Hotels and elementary, secondary and religious schools need a special permit on 5 acres with 350 feet of width, 100 foot setbacks and 200 feet for both sides.
- A self-storage facility needs a special permit with a 200 foot front setback and 100 feet to the rear and sides.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Mixed Use District - A one-family house on public sewer and water sits on 0.287 acre, 12,500 square feet, with 100 feet of lot width, 35 feet to the front, 25 feet to the rear, 10 feet to one side and 30 feet for both, 25% coverage, 1,200 square feet of floor area and 35 feet of height.
- A commercial use here requires no lot area at all, 0 acres, and no lot width, 0 ft, with no front or side setback, only 10 feet to the rear and 80% coverage.
- Every existing vacant parcel in this district is buildable, and no residential use may occupy the first floor of a mixed-use building.
- A townhouse development needs a special permit, with 5 feet to the front, 10 feet to the rear and each side, 20 feet for both sides and 80% coverage.
- An artist gallery, studio or live and work unit takes 850 square feet of floor area, and a dwelling over a store takes 1,000 square feet.
- A home occupation is the one row with a lot minimum, 0.5 acre, and public parks and playgrounds sit at 50% coverage.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
Planned Resort Development District - A one-family house sits on 0.75 acre with 125 feet of lot width, 150 feet to the front, 25 feet to the rear and to each side, 50 feet for both sides, 1,200 square feet of floor area and 35 feet of height.
- A two-family house needs 1.5 acres.
- A townhouse development needs a special permit, 10 acres, 300 feet of width, 50 feet to the rear and each side and 100 feet for both.
- Hotels and resort hotels need a special permit on 10 acres with 500 feet of width, a 200 foot front setback, 150 feet to the rear and sides, 300 feet for both and 45 feet of height.
- A golf course sits on 50 acres with 750 feet of width and 100 foot setbacks.
- Retail, restaurants, professional offices and personal service establishments accessory to a hotel sit on 1 acre with 125 feet of width and a 50 foot front setback.
- A site that also lies in the Neversink River Overlay is held to 10% coverage with a 100 foot undisturbed buffer along the river shoreline under § 310-29.1.
ADUs vs. short-term rentals in Fallsburg
Short-term rentals allowed with local rules for Town of Fallsburg. Renting a home for fewer than 30 days is allowed in Fallsburg with an annual permit and a safety inspection from code enforcement. 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 minimum0.29–10 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNYSEG territory.
- Zoning codeecode360.com/FA1866
- Building dept(845) 434-8811
ADU FAQ — Fallsburg, NY
Are ADUs allowed in Fallsburg, NY?
Town of Fallsburg has 7 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (845) 434-8811.
Do I need a special permit for an ADU in Fallsburg?
No. No district in Town of Fallsburg permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (845) 434-8811 before ruling it out.
Can I use an ADU as a short-term rental in Fallsburg?
Short-term rentals allowed with local rules for Town of Fallsburg. 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 Fallsburg
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $190k–250k 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 Fallsburg, priced by size.
How we know this
- Sections analyzed
- Ch. 310 Attachment 2 Schedule I Table of Use and Bulk Requirements (Supp 30, Oct 2025, through L.L. No. 4-2025); Art. II Terminology; Art. VI Special Permit Uses
- Districts confirmed
- 7 of 7 — 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 Fallsburg: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Sullivan County · All Sullivan County towns
ADU information for Town of Fallsburg is compiled from the municipal code (last reviewed 2026-10-07) 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) 434-8811 before relying on any answer. Source: the Offsite / Aldo zoning dataset.