Brookhaven, NY Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- A Residence 5 front yard
- 70 feet minimum
- A Residence 10 front yard
- 80 feet minimum
- D Residence front yard
- 40 feet, up to 50 feet
- D Residence side yards
- 30 feet total, 12 feet each
- Standard districts A/B/C
- Set by separate dimensional-table attachment
- Enforcing agency
- Chief Building Inspector, Town of Brookhaven
Summary
Brookhaven sets front, side and rear yard depths district by district instead of one town-wide number. The large-lot A Residence 5 and A Residence 10 Districts require 70- and 80-foot front yards, while the two-family D Residence District along commercial corridors requires just a 40-foot front yard, so the controlling setback depends entirely on which residential district a lot sits in.
Front yard. In the A Residence 5 District, there shall be a front yard having a depth of not less than 70 feet. ... Side yards. In the A Residence 5 District, there shall be two side yards, one on each side of the building, the total width of both to be 85 feet, and no one side yard shall be less than 35 feet wide. ... Rear yard. In the A Residence 5 District, there shall be a rear yard having a minimum depth of 80 feet.
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
Brookhaven Code § 85-239 sets the A Residence 5 District's yards at a front yard depth of not less than 70 feet, two side yards totaling 85 feet with neither side under 35 feet, and a rear yard of at least 80 feet. Section 85-246 sets the larger A Residence 10 District at an 80-foot front yard, side yards totaling 90 feet with neither side under 40 feet, and a rear yard of at least 85 feet. Both districts require a minimum lot area of 200,000 square feet (A Residence 5) or 400,000 square feet (A Residence 10), so these yard depths apply to large estate lots, not typical suburban parcels.
By contrast, § 85-232 sets the D Residence District, Brookhaven's two-family district along primary highway corridors, at a 40-foot front yard (extendable to 50 feet under a street-frontage averaging rule), side yards totaling 30 feet with neither side under 12 feet, and a 30-foot rear yard, on a minimum 15,000-square-foot lot. The Town's standard single-family districts, A Residence, A Residence 1, A Residence 2, B Residence, B Residence 1 and C Residence, instead follow the "Residential Districts Table of Dimensional Regulations," which eCode360 publishes as a separate attachment to Chapter 85 rather than as body text, so a homeowner in one of those districts should pull that attachment or contact the Planning Division for the exact controlling numbers on their lot. B(9).
Violations & Fines
Building or altering a structure in violation of any yard setback in §§ 85-190 through 85-246 is punishable under § 85-158.E: $2,500 to $6,000 or up to 15 days for a first offense, $5,000 to $10,000 or up to six months for a second offense within five years, and $7,500 to $15,000 with up to six months for a third offense; each week the encroachment continues is a separate violation, and the Planning Division can require removal or relocation of the noncompliant structure.
Frequently Asked Questions
What is the front yard setback in Brookhaven?
Where can I find the setback table for a standard Brookhaven residential lot?
What is the side yard requirement in Brookhaven's D Residence District?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven to another location·View the New York building setbacks & zoning overview
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