ADU · Sullivan County

Can you build an ADU in Tusten, NY?

Town of Tusten has 7 districts. 6 districts allow ADUs, 1 does not. Check your address to confirm the district that applies to your parcel:

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What the Tusten code says

An accessory dwelling is a listed accessory use in SR, RR, R1, R2, GR and RB, needing only a building permit rather than planning board approval. It is not among the accessory uses listed in DB, where any use not specifically listed is prohibited.

Conditions the code attaches:

A lot may have no more than one primary dwelling and one accessory dwelling, excluding preexisting nonconforming lots (§ 300-4.1D).
There is no owner occupancy requirement, no family only clause and no bar on renting the unit.
Detached is allowed. Accessory buildings in side or rear yards must be set back 10 ft from any lot line and 10 ft from the main building, and 20 ft from side lot lines in a secondary front yard.
One- and two-family dwellings need at least 500 sq ft of habitable floor area.
District minimum lot areas still govern: SR 5 acres, RR 3 acres, R1 3 acres, R2 3 acres, GR 15,000 sq ft, RB 20,000 sq ft.
Whether an accessory dwelling may be let to transient guests is not confirmed; check with the building department at (845) 252-7146 before counting on it.

What the Tusten 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
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.

ADUs vs. short-term rentals in Tusten

No local short-term-rental law on record - which is not the same as permission for Town of Tusten. 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. 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 minimum0.34–3 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityNYSEG territory.
Zoning codeecode360.com/TU3790
Building dept(845) 252-7146

ADU FAQ — Tusten, NY

Are ADUs allowed in Tusten, NY?

Town of Tusten has 7 districts. 6 districts allow ADUs, 1 does not. Check your address with the free ADU checker, or confirm with the building department at (845) 252-7146.

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

No district in Town of Tusten requires a special-use permit for an ADU - 6 districts allow ADUs, 1 does not. Site-plan review or a building permit may still apply.

Can I use an ADU as a short-term rental in Tusten?

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

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What an ADU costs to build in Tusten

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 Tusten, priced by size.

How we know this

Sections analyzed: Ch. 300 § 300-4.0 Schedule of District Regulations (amended 9-13-2022 by L.L. No. 1-2022); § 300-4.0B; § 300-4.1D; Art. II definitions of dwelling, accessory and accessory apartment, family based
Districts confirmed: 7 of 7 — every mapped district.
Last reviewed: 2026-10-07
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 Tusten: 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 Tusten 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) 252-7146 before relying on any answer. Source: the Offsite / Aldo zoning dataset.