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Babylon, NY Building Safety: Building Permits (2026)

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

Key Facts

No-permit deck height
18 inches or less
Taller or variance decks
Building permit required
Deck side/rear setback
2 feet minimum
Deck street setback
50 feet minimum
Patio permit rule
No stand-alone threshold in code

Summary

A deck 18 inches or lower that meets the Town of Babylon's accessory-structure standards needs no building permit; anything taller, or built under a zoning variance, requires one before construction begins.

Decks having a height of 18 inches or less which comply with the provisions of this section shall not require a building permit. Decks permitted by a variance granted by the Zoning Board of Appeals or modifications granted by the Planning Board, pursuant to this chapter, shall require a building permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).

Full Breakdown

Under § 213-71.1, the section governing accessory structures like sheds and decks in the A Residence District, a deck standing 18 inches or less above grade is exempt from a building permit, provided it also meets the section's placement rules: at least two feet from side or rear lot lines and 50 feet from any street line. A taller deck, or one built through a Zoning Board of Appeals variance or Planning Board modification, needs a building permit first. The code sets no parallel stand-alone patio permit threshold; ground-level patios fall instead under § 213-73's permitted-encroachment rules for front and rear yards.

Violations & Fines

Building a deck over 18 inches high without the required permit is a Ch. 213 zoning violation: a $250-$1,000 fine and up to 15 days' imprisonment for a first offense, with each day a separate violation (§ 213-8).

Frequently Asked Questions

Does a deck need a permit in the Town of Babylon?
Only if it stands more than 18 inches above grade or was approved through a zoning variance. A compliant, low deck under § 213-71.1 needs no permit.
Does a patio need its own permit?
The zoning code has no separate patio-permit threshold; ground-level patios are addressed only as permitted yard encroachments under § 213-73.

Sources & Official References

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