Ulster County
Town of Shandaken, NY: zoning for new construction
Shandaken covers Phoenicia, Mount Tremper and Big Indian, and it zones the valley floor and the mountainside the way most Catskill towns do - R1.5 at an acre and a half near the hamlets, R3 and R5 as you climb, with lot coverage held to 10% in every residential district, so a five-acre parcel is nothing like five acres of building envelope. The short-term rental rule is the one to read before you make an offer, because permits have been required since 2022 and non-owner-occupied permits are capped at 150 town-wide, which means a new buyer can land on a waitlist instead of a permit. An accessory apartment is available by Planning Board special use permit but only inside the house, capped at 35% of the existing habitable space, and the permit is re-checked within 60 days of any transfer of title and revoked if the owner stops living there, so it does not come with the property. Central Hudson serves the power; confirm your district and permit availability with the town at (845) 688-5021.
Looking specifically at an accessory dwelling unit? See ADU rules for Shandaken →
Zoning districts
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Residential (R5) | 5 ac | 75 / 75 / 75 ft | 35 ft | Special permit |
| Residential (R3) | 3 ac | 60 / 50 / 60 ft | 35 ft | Special permit |
| Residential (R1.5) | 1.5 ac | 50 / 25 / 50 ft | 35 ft | Special permit |
| Hamlet Residential (HR) | 1 ac | 40 / 25 / 40 ft | 35 ft | Special permit |
| Hamlet Commercial (HC) | 0.34 ac | 25 / 10 / 25 ft | 35 ft | Special permit |
| Highway Business (HB) | 1.5 ac | 60 / 40 / 60 ft | 35 ft | Special permit |
| Commercial/Light Industrial (CLI) | 2 ac | 75 / 50 / 75 ft | 35 ft | No |
| Floodway (FW) | — | — | — | No |
Residential (R5) - Lot area may be reduced by 50%, to 2.5 acres, where the lot is served by and connected to a municipal sewage disposal system. A two-family dwelling needs 8 acres, 60% more than a single-family one.
- The 60% increase for a two-family dwelling applies to whichever row governs, so a two-family on a municipal sewer lot takes 60% above that row.
- At least 80% of the site must be left as open space.
- The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
- No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Residential (R3) - Lot area may be reduced by 50%, to 1.5 acres, where the lot is served by and connected to a municipal sewage disposal system. A two-family dwelling needs 4.8 acres, 60% more than a single-family one.
- The 60% increase for a two-family dwelling applies to whichever row governs, so a two-family on a municipal sewer lot takes 60% above that row.
- At least 70% of the site must be left as open space.
- The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
- No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Residential (R1.5) - In a cluster subdivision the Planning Board may set the minimum lot at 1 acre with central water, or 0.75 acre with central water and municipal sewer. A cluster is not available by right. A two-family dwelling needs 2.4 acres.
- Cluster yield may not exceed the lot count of an approvable conventional sketch plat (§ 116-32 and Town Law § 281).
- On central water a cluster lot takes a 150 ft width; with municipal sewer too, 120 ft, 40 ft front and rear yards and up to 15% coverage.
- At least 60% of the site must be left as open space.
- The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
- No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Hamlet Residential (HR) - The minimum lot drops to 0.67 acre with central water, and to 0.5 acre with central water and municipal sewer; on the second the minimum width is 100 ft, the yards fall to 30 ft front, 20 ft side and 35 ft rear, and coverage may reach 20%.
- With central water alone the width is 120 ft and coverage may reach 15%.
- A two-family dwelling here is held to the same minimum lot area as a single-family one.
- At least 60% of the site must be left as open space, 40% with central water and municipal sewer.
- The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
- No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Hamlet Commercial (HC) - The minimums shown apply only with both municipal water and municipal sewer. With only one of the two the lot minimum is 25,000 sq ft at 120 ft wide, with yards of 30 ft front, 20 ft side and 35 ft rear, and 20% coverage.
- At least 30% of the lot must be left as open space, and 35% on a lot with only one of the two utilities.
- The schedule sets no standard for a lot with neither municipal water nor municipal sewer.
- Premises fronting on NYS Route 28 need a 100 ft front yard, though the Planning Board may allow the district figure where development lies within 200 ft of structures set back less than 100 ft.
- No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Highway Business (HB), Commercial/Light Industrial (CLI) - At least 40% of the lot must be left as open space. No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
- Premises fronting on NYS Route 28 need a 100 ft front yard, though the Planning Board may allow the district figure where development lies within 200 ft of structures set back less than 100 ft.
- The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.
Floodway (FW) - No development is permitted in the Floodway district.
Short-term rentals
Short-term rentals allowed with registration. A short-term rental permit is required. Permits for homes that are not owner-occupied are capped at 150 in total, so a new applicant may face a waitlist. There is no cap on owner-occupied permits.
Conditions the code attaches:
- Contact Town of Shandaken at (845) 688-5021 to confirm permit availability.
Good to know
- UtilityCentral Hudson territory.
- Zoning codeTown of Shandaken Code, Chapter 116 (Zoning), § 116-11 District Schedule of Area and Bulk Regulations, amended 4-14-1999 by L.L. No. 1-1999
- Building dept(845) 688-5021
- Last reviewed2026-08-16
Working out a budget? A standard-finish build here runs $206–$270/sq ft , and a conforming lot adds about $22,636 on top - see the full cost to build a house in Shandaken, or what an ADU costs here.
Sizing up a specific parcel in Shandaken?
Aldo pulls the exact zoning district, setbacks, and build feasibility for any parcel — before you buy. Enter your email to open Aldo and run your free report.
Other Ulster County towns
All Ulster County zoning: Kingston (City) · Denning · Esopus · Gardiner · Hardenburgh · Hurley · Lloyd · Marbletown · Marlborough · New Paltz · Olive · Plattekill · Rochester · Rosendale · Saugerties · Shawangunk · Ulster · Wawarsing · Woodstock
Zoning figures for Town of Shandaken are compiled from the municipal code (last reviewed 2026-08-16) and provided for decision-support only - not legal, engineering, or architectural advice. Setback and dimensional standards often carry conditions and exceptions; verify with the building department at (845) 688-5021 before relying on any number. Source: the Offsite / Aldo zoning dataset.