Sullivan County

Town of Tusten, NY: zoning for new construction

7 districts Min residential lot 0.34–3 ac NYSEG

Tusten, which holds Narrowsburg and the Delaware River frontage below it, runs seven districts - Scenic River at a 5-acre minimum and 10% coverage, Recreational River and the two rural districts at 3 acres, and General Residential down around a third of an acre with a 28-foot height limit rather than the 35 feet the rest of the town allows. It is a genuine by-right accessory dwelling town, and recently so: Local Law No. 1-2022 put an accessory dwelling in the accessory-uses column of six districts, which means a building permit from the Code Enforcement Officer rather than a special use permit, with no owner-occupancy condition, no family-relationship test and nothing barring rent. No local short-term rental ordinance has been found as of mid-2026, which is usually good news but is not a yes, since a town can bar the use just by leaving it off the list of uses its districts allow, and New York's statewide host registry applies regardless. NYSEG serves the power and you are on well and septic across most of the town; confirm your district with the town at (845) 252-7146.

Looking specifically at an accessory dwelling unit? See ADU rules for Tusten →

Zoning districts

District	Min lot	Setbacks F / S / R	Max height	ADU
Scenic River District	5 ac	50 / 35 / 50 ft	35 ft	As of right
Recreational River District	3 ac	50 / 35 / 50 ft	35 ft	As of right
Rural Residential District	3 ac	50 / 35 / 50 ft	35 ft	As of right
Rural Development District	3 ac	50 / 35 / 50 ft	35 ft	As of right
General Residential District	0.34 ac	40 / 25 / 50 ft	28 ft	As of right
Roadside Business District	0.46 ac	40 / 25 / 30 ft	35 ft	As of right
Downtown Business District	0.46 ac	40 / 25 / 30 ft	35 ft	No

Scenic River District - A lot here needs 5 acres and 300 feet of width, with 300 feet of river frontage and 300 feet of road frontage. A building sits 50 feet from the front line, 35 feet from each side and 50 feet from the rear, reaches 35 feet, and hard surface may cover 10% of the lot.

Nothing may stand within 100 feet of the top of the riverbank of the Delaware River, including any part of a septic system.
Within 250 feet of each side of the edge of the Route 97 right-of-way, front yards are increased by 50% and no greater than 60% of vegetation may be removed.
A building or use within 100 feet of a designated ridgeline, or on lower ground and visible from the Delaware River, is a special use.
A separate cap holds lot clearing to 20% of the lot, and a dwelling on a slope steeper than 10% needs a special use permit.
Residential density may not exceed one dwelling unit per five acres.
A conservation subdivision needs a contiguous parcel of 20 acres and at least five lots, and each dwelling lot may then come down to 2 acres (87,120 square feet) on 200 feet of width and depth.

Recreational River District - A lot here needs 3 acres and 300 feet of width, with 300 feet of river or road frontage. A building sits 50 feet from the front line, 35 feet from each side and 50 feet from the rear, reaches 35 feet, and hard surface may cover 10% of the lot.

Nothing may stand within 100 feet of the top of the riverbank of the Delaware River, including any part of a septic system.
Within 250 feet of each side of the edge of the Route 97 right-of-way, front yards are increased by 50% and no greater than 60% of vegetation may be removed.
A building or use within 100 feet of a designated ridgeline, or on lower ground and visible from the Delaware River, is a special use.
A separate cap holds lot clearing to 20% of the lot, and a dwelling on a slope steeper than 10% needs a special use permit.
A conservation subdivision needs a contiguous parcel of 20 acres and at least five lots, and each dwelling lot may then come down to 2 acres (87,120 square feet) on 200 feet of width and depth.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

Rural Residential District - A lot here needs 3 acres and 300 feet of width, with 300 feet of river frontage and 300 feet of road frontage. A building sits 50 feet from the front line, 35 feet from each side and 50 feet from the rear, reaches 35 feet, and hard surface may cover 25% of the lot.

Hard surface is capped at 43,560 square feet as well as at 25% of the lot, and the lower of the two governs.
A separate cap holds lot clearing to 20% of the lot, and any use on a slope steeper than 15% needs a special use permit.
A conservation subdivision needs a contiguous parcel of 20 acres and at least five lots, and each dwelling lot may then come down to 2 acres (87,120 square feet) on 200 feet of width and depth.
A manufactured home park is a principal permitted use here, and every manufactured home needs at least 12 feet of width and 500 square feet of living area.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

Rural Development District - A lot here needs 3 acres and 300 feet of width, with 300 feet of river frontage and 300 feet of road frontage. A building sits 50 feet from the front line, 35 feet from each side and 50 feet from the rear, reaches 35 feet, and hard surface may cover 25% of the lot.

Hard surface is capped at 43,560 square feet as well as at 25% of the lot, and the lower of the two governs.
A separate cap holds lot clearing to 20% of the lot, and any use on a slope steeper than 15% needs a special use permit.
A conservation subdivision needs a contiguous parcel of 20 acres and at least five lots, and each dwelling lot may then come down to 2 acres (87,120 square feet) on 200 feet of width and depth.
A multiple-family dwelling is a principal permitted use here, and its buildings stand 50 feet from the outer boundary lines of the project and 30 feet from any public right-of-way.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

General Residential District - A lot here needs 0.3444 acre, which the schedule publishes as 15,000 square feet, and 100 feet of width. A building sits 40 feet from the front line, 25 feet from each side and 50 feet from the rear, reaches 28 feet, and hard surface may cover 25% of the lot.

Where two or more dwellings stand within 200 feet on each side, on the same side of the street and in the same block, a new dwelling's front yard may not exceed their average setback.
A separate cap holds lot clearing to 20% of the lot, and any use on a slope steeper than 15% needs a special use permit.
Senior housing in a multiple-family dwelling is a special use, and its buildings stand 50 feet from the outer boundary lines of the project and 30 feet from any public right-of-way.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

Roadside Business District - A lot here needs 0.4591 acre, which the schedule publishes as 20,000 square feet, and 150 feet of width. A building sits 40 feet from the front line, 25 feet from each side and 30 feet from the rear, reaches 35 feet, and hard surface may cover 65% of the lot.

Where two or more dwellings stand within 200 feet on each side, on the same side of the street and in the same block, a new dwelling's front yard may not exceed their average setback.
A separate cap holds lot clearing to 50% of the lot, and any use on a slope steeper than 15% needs a special use permit.
A multiple-family dwelling is a principal permitted use here, and its buildings stand 50 feet from the outer boundary lines of the project and 30 feet from any public right-of-way.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

Downtown Business District - A lot here needs 0.4591 acre, which the schedule publishes as 20,000 square feet, and 150 feet of width. A building sits 40 feet from the front line, 25 feet from each side and 30 feet from the rear, reaches 35 feet, and hard surface may cover 65% of the lot.

Where two or more dwellings stand within 200 feet on each side, on the same side of the street and in the same block, a new dwelling's front yard may not exceed their average setback.
A separate cap holds lot clearing to 50% of the lot, and any use on a slope steeper than 15% needs a special use permit.
Street level units in the district's footnoted uses may only be used for commercial, nonresidential purposes.
A one-family or two-family dwelling needs at least 500 square feet of habitable floor area.

Short-term rentals

No local short-term-rental law on record - which is not the same as permission. The town has no short term rental regulations at present. No local permit, registration or night limit is confirmed for this property, so confirm with the building department before counting on renting short term.

Conditions the code attaches:

Building department: (845) 252-7146.

Good to know

UtilityNYSEG territory.
Zoning codeTown of Tusten Zoning Code, Chapter 300, § 300-4.0 Schedule of district regulations, with § 300-3.0 and § 300-5.1
Building dept(845) 252-7146
Last reviewed2026-10-07

Working out a budget? A standard-finish build here runs $195–$256/sq ft , and a conforming lot adds about $5,287 on top - see the full cost to build a house in Tusten, or what an ADU costs here.

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