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

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

Key Facts

A Residence 5 height
35 feet or 2½ stories
A Residence 10 height
35 feet or 2½ stories
D Residence height
35 feet or 2½ stories
Accessory building height
18 feet in rear yard
Storage shed height
12 feet above grade
Standard districts A/B/C
Height set by dimensional-table attachment

Summary

Brookhaven caps the A Residence 5, A Residence 10 and D Residence Districts at 35 feet or 2 1/2 stories, and holds accessory buildings in those districts to 18 feet. Height rules run district by district under Chapter 85, and the Town's core A, B and C Residence Districts route their own height figure through a separate dimensional-table attachment.

Height. In the A Residence 5 District, no building or structure shall be erected or altered to a height in excess of 35 feet or 2 1/2 stories. ... Accessory buildings and structures. In the A Residence 5 District, accessory buildings and structures may occupy 12 1/2% of the required rear yard and shall not exceed 18 feet in height; provided, however, that no building or structure shall be built less than 20 feet from any side or rear lot line nor less than 90 feet from any street line.

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

H limits accessory buildings and structures in the required rear yard to 18 feet. H. H. B(6)(d) rather than stating the figure again in the chapter's body text. B(14).

Violations & Fines

Erecting or altering a building above the district's height limit violates §§ 85-190 through 85-246 and 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, with each week of the violation treated as a separate offense.

Frequently Asked Questions

How tall can a house be in Brookhaven?
In districts where Chapter 85 states the figure in the code text, such as A Residence 5 (§ 85-239.B), A Residence 10 (§ 85-246.B) and D Residence (§ 85-232.B), the limit is 35 feet or 2½ stories. The Town's standard A, B and C Residence Districts route their height limit through a separate dimensional-table attachment instead.
How tall can a shed or accessory building be in Brookhaven?
Detached storage sheds are capped at 12 feet above surrounding grade under § 85-190.B(9), while other accessory buildings and structures in the required rear yard are generally limited to 18 feet, as stated for the A Residence 5, A Residence 10 and D Residence Districts under §§ 85-239.H, 85-246.H and 85-232.H.
Does Brookhaven have one height limit that applies to every residential district?
No single number applies everywhere. The 35-foot, 2½-story cap repeats across every district whose height rule is spelled out in Chapter 85's body text, but the Town's core A, A-1, A-2, B, B-1 and C Residence Districts instead reference the "Residential Districts Table of Dimensional Regulations" attachment for their own height figure.

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

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