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Brookhaven, NY Building Setbacks & Zoning: Setback Rules (2026)

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

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

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?
It depends on the zoning district. Brookhaven Code § 85-239 sets a 70-foot front yard in the A Residence 5 District and § 85-246 sets 80 feet in the A Residence 10 District, while § 85-232 sets a 40-foot front yard, up to 50 feet, in the D Residence District. The Town's standard A, B and C Residence Districts follow a separate dimensional-table attachment.
Where can I find the setback table for a standard Brookhaven residential lot?
The A, A-1, A-2, B, B-1 and C Residence Districts don't state their yard depths in the code's body text; they're set by the "Residential Districts Table of Dimensional Regulations," which eCode360 lists as a separate attachment to Chapter 85. Contact the Planning Division or view that attachment for the exact numbers on your lot.
What is the side yard requirement in Brookhaven's D Residence District?
Section 85-232.F requires two side yards totaling 30 feet, with neither side yard narrower than 12 feet, in the D Residence District, which covers two-family homes along Brookhaven's primary highway corridors.

Sources & Official References

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