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Babylon, NY Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

Max height
30 feet / 2.5 stories
Applies to
A Residence District
Flood-zone exception
FEMA elevation only
Citation
§ 213-63

Summary

In the Town of Babylon's A Residence District, new or altered buildings cannot exceed 30 feet or 2 1/2 stories, with a narrow flood-zone height allowance tied to FEMA base flood elevation requirements under Chapter 125.

In an A Residence District, no building or structure hereafter erected or altered shall exceed 30 feet or 2 1/2 stories. The maximum height allowance of 30 feet for existing habitable buildings or structures hereafter altered to increase the height of said building or structure located within the base flood or one-hundred-year flood zone may be increased in order to meet the enhanced height requirements in accordance with Chapter 125 of this Code and FEMA regulations. Said height allowance shall not exceed the enhanced height requirements above grade as defined in Chapter 125 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 4941158; v66 updated 2026-05-13; through 05-13-2026).

Full Breakdown

Under Town of Babylon Code § 213-63, buildings in the A Residence District, the town's base single-family zone covering unincorporated hamlets like West Babylon, North Babylon, Deer Park and Copiague, are capped at 30 feet or 2 1/2 stories. The Town Board added a narrow exception in 2013: existing habitable structures in the base flood or 100-year flood zone may exceed 30 feet only to the extent needed to meet Chapter 125's FEMA-driven elevation rules, and even then the height cannot exceed those enhanced requirements above grade. Other residential districts (AA, B, C, D) set their own limits elsewhere in Chapter 213.

Violations & Fines

Building without a permit or exceeding the height cap is a zoning violation under Town of Babylon Code § 1-15: a $250-$2,500 fine, up to 15 days jail, with each day a separate offense.

Frequently Asked Questions

Can I build a third story on my house in West Babylon?
No. Town of Babylon Code § 213-63 caps A Residence District buildings at 30 feet or 2 1/2 stories, so a full third story generally exceeds the limit.
Does the height limit change in a flood zone?
Only slightly: existing habitable buildings in the base flood or 100-year flood zone may add height solely to meet FEMA elevation rules in Chapter 125, not beyond that.

Sources & Official References

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