Accessory Structures in Albany, NY (2026)
6 verified accessory structures rules for Albany, New York, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Albany allows Accessory Dwelling Units (ADUs) as an accessory use in many residential districts under the Unified Sustainable Development Ordinance (USDO), Chapter 375 of the City Code. The USDO sets where ADUs are permitted, size and design limits relative to the principal dwelling, parking treatment, and the requirement that the ADU comply with the NY State Building Code. ADU construction also triggers a building permit and, when offered for rent, a Residential Occupancy Permit under Chapter 231.
Albany Accessory Dwelling Units — USDO Chapter 375
Some RestrictionsADU Permits
The City of Albany's Unified Sustainable Development Ordinance (USDO), codified as Chapter 375 of the Albany Code, was amended by the Common Council on September 8, 2025 to permit accessory dwelling units (ADUs) as a use accessory to a single-unit dwelling. An ADU is capped at 800 square feet of gross floor area, no more than two dwelling structures may be permitted on a single lot, and the property owner must occupy either the primary or accessory unit as a primary residence with biennial certification to the Department of Buildings and Regulatory Compliance. Construction is governed by the New York State Uniform Fire Prevention and Building Code (19 NYCRR 1219, adopting the 2020 IRC/IBC/IFC).
Albany ADU Permits (USDO §375 Chapter 375 + 2025 ADU Amendment)
Some RestrictionsADU Impact Fees
New York is not a development impact fee state in the California or Washington sense; the Legislature has not enacted a general municipal impact fee enabling statute. Localities derive site-specific exaction authority from State Environmental Quality Review Act (SEQRA) findings and subdivision/site plan review, but flat per-unit residential impact fees are rare and legally constrained. Albany charges building permit fees, plan review fees, and utility connection charges, but no separate parks, transportation, or school impact fees on ADU construction.
Albany ADU Impact Fees (No Statewide Impact Fee Authority — Permit Fees Only)
Few RestrictionsADU Owner Occupancy
The Albany USDO (Chapter 375), as amended September 8, 2025, explicitly requires the property owner of any lot containing an accessory dwelling unit to occupy either the primary or accessory dwelling unit as their primary residence and to certify such occupancy biennially with the Department of Buildings and Regulatory Compliance. This is one of the most explicit owner-occupancy mandates among New York mid-sized cities and materially constrains pure investor conversion. The use is also restricted to lots with a single-unit dwelling, and no more than two dwelling structures may be permitted on the lot.
Albany ADU Owner-Occupancy (Required by USDO with Biennial Certification)
Heavy RestrictionsADU Rental Restrictions
The Albany USDO (Chapter 375), as amended September 8, 2025, expressly prohibits offering either the primary or accessory dwelling unit on a lot containing an ADU for rent by guests for less than 30 consecutive days where the unit is offered for tourist or transient use. Long-term rentals (30+ days) of the ADU are permitted but the property owner must continue to occupy one of the two units, and the rental unit must register with Albany's Rental Dwelling Registry (Chapter 231). New York has no statewide rent control on small one-to-three-unit owner-occupied properties; statewide rent stabilization (ETPA) does not generally apply to Albany.
Albany ADU Rental Rules (Long-Term Allowed; STR Prohibited Under USDO)
Heavy RestrictionsShed Rules
Sheds in Albany are regulated as accessory structures under the Unified Sustainable Development Ordinance (USDO), Chapter 375 of the City Code. In residential zoning districts a shed may be no larger than 200 square feet, must be set back at least 2 feet from side and rear lot lines, and must observe the front-yard setback that applies to the principal structure. A City of Albany building permit is required before constructing a new accessory structure or replacing an existing one. New York State separately exempts one-story detached storage sheds 144 sf and smaller from a state building permit under 19 NYCRR §1203.3(a)(1), but that exemption is opt-in by the local code-enforcement program and does not override the local zoning permit Albany requires.
Albany Shed Rules (USDO Ch. 375 + NYS Residential Code)
Some RestrictionsAlbany Planning Department FAQ — Accessory Structures
Sheds in residential zoning districts can be no larger than 200 square feet. Accessory structures like carports and garages must comply with setback requirements—a minimum of 2 feet from side and rear lot lines—and must adhere to impervious lot coverage standards for the relevant zoning district.
Looking for Albany County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Albany city rules.
Accessory Structures in Albany County →