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Brookhaven, NY Accessory Structures: Shed & Carport Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Shed permit rules in Brookhaven, NY, also referred to as storage shed, backyard shed, or accessory building regulations, set size limits, setbacks, and when a building permit is required.

Key Facts

Legal status
Every shed is a 'structure'
Max height
12 feet above grade
Larger shed cap
600 sq ft floor area
Small-shed setback
3 feet, side/rear line
Small-shed front setback
15 feet, secondary front yard
Rear-yard coverage cap
25% of required rear yard

Summary

Brookhaven treats every detached storage shed as a structure subject to zoning setbacks under Town Code § 85-190B(9). Sheds up to 600 square feet can rise 12 feet, and the smallest sheds, 144 square feet or less, may sit as close as three feet to a side or rear line and 15 feet from a secondary front yard.

All storage sheds shall be considered structures. Detached storage sheds, not greater than 12 feet in height above surrounding grade and not exceeding 600 square feet in floor area. Detached storage sheds, not greater than 12 feet in height above surrounding grade and less than or equal to 144 square feet in floor area, may be located not closer than three feet to a side or rear yard property line and may be located not closer than 15 feet to a secondary front yard. However, such structures otherwise shall comply with the site visibility requirements of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Town Code § 85-190B(9), part of the A Residence District's accessory-use standards, opens by settling a threshold question: all storage sheds shall be considered structures, meaning every detached shed, regardless of size, is subject to the chapter's accessory-structure setback and permitting rules rather than being treated as an exempt yard feature. The section then sets two size-and-height bands. Larger sheds, up to 600 square feet of floor area, may reach 12 feet in height above the surrounding grade, but the code does not print a reduced setback for that size class here, so the general accessory-structure setbacks under § 85-190G apply, requiring at least five feet from any side or rear lot line and 50 feet from any street line.

Smaller sheds, 144 square feet or less, get a specific exception: they may be located as close as three feet to a side or rear yard property line, and as close as 15 feet to a secondary front yard, while still capped at 12 feet in height. Every shed, large or small, must still meet the chapter's site-visibility requirements, meaning it cannot be placed where it would obstruct the sight lines protected by the corner-visibility rule in § 85-190B(4)(b). Because a shed counts as a structure, it also needs the same building permit any other detached structure requires from the Building Division before construction, and it counts toward the lot's accessory-building coverage limit of 25% of the required rear yard set out in § 85-190G(1).

Violations & Fines

Building or maintaining a shed that exceeds the 12-foot height cap, the 600-square-foot ceiling, or the three-foot and 15-foot setbacks for smaller sheds is a Chapter 85 violation under the general penalty at § 85-158A, running from $2,500 to $6,000 or up to 15 days in jail for a first offense up to $7,500 to $15,000 and six months in jail for a third offense within five years, with each week of continued noncompliance a separate violation.

Frequently Asked Questions

How close to my property line can a shed be in Brookhaven?
A detached shed of 144 square feet or less can sit as close as three feet to a side or rear yard property line, or 15 feet from a secondary front yard, under Town Code § 85-190B(9)(c). Larger sheds up to 600 square feet fall under the general five-foot accessory-structure setback instead.
How big can a backyard shed be without extra review?
Up to 600 square feet of floor area and 12 feet in height above the surrounding grade, per § 85-190B(9)(b). Brookhaven treats every shed as a 'structure' regardless of size, so it still needs a building permit.
Does a small shed still need to meet setback rules?
Yes. Even the smallest sheds must comply with the chapter's site visibility requirements, and all sheds count toward the 25% rear-yard accessory-building coverage cap in § 85-190G(1).

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

How Brookhaven compares: Shed Permit Requirements by City·New York rules heatmap·Compare Brookhaven to another location·View the New York accessory structures overview

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