Accessory Structures in Brookhaven, NY (2026)
4 verified accessory structures rules for Brookhaven, New York, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Impact Fees
Brookhaven doesn't set a dollar figure for accessory-apartment fees in its zoning code; Town Code § 85-258D delegates every application, renewal, transfer and reapplication fee to a separate Town Board resolution. The license itself runs up to two years initially and up to five years on renewal, with fees due at each step.
Brookhaven Accessory Apartment License Fees
Significant RestrictionsBrookhaven Code § 85-258D
All accessory apartment licenses shall be effective for a period not to exceed two years. Fees shall be established by Town Board resolution. All accessory apartment license renewals shall be effective for a period not to exceed five years. Fees shall be established by Town Board resolution. All accessory apartment licenses may be transferred to a new owner for the duration of the unexpired ter...
ADU Owner Occupancy
Brookhaven requires the property owner to live in either the main house or the accessory apartment before the Town will issue an accessory apartment license. Corporate and LLC ownership is barred outright, and only one accessory apartment is allowed per lot, keeping accessory apartments tied to owner-occupied, one-family homes across the Town's residential districts.
Brookhaven ADU Owner-Occupancy Rule
Some RestrictionsBrookhaven Code § 85-258.B(1)
The owner(s) of the lot upon which the accessory apartment is located shall reside within the dwelling that contains the accessory apartment. The owner may occupy either the larger dwelling unit or the accessory apartment. No other owner(s) shall own a larger percentage collectively or individually than the owner-occupant. A homeowner shall be permitted one accessory apartment only, and only on...
ADU Rental Restrictions
Brookhaven caps every accessory apartment at 650 square feet by right, one apartment per lot, and one bedroom, so owners can't turn a single-family lot into a rental compound. The license tied to the unit ends the moment the owner sells or moves out, and the Town won't register the unit for transient or short-term rental.
Brookhaven Accessory Apartment Rental Caps
Some RestrictionsBrookhaven Code § 85-258.B(4), (5)
The minimum habitable area for an accessory apartment shall be 300 square feet and a maximum of 650 square feet; in no case shall it exceed 40% of the habitable area of the dwelling building in which it is located, except in certain compelling circumstances a maximum of 850 square feet may be approved, at the discretion of the Chief Building Inspector, in accordance with Table 1 below. In no ev...
Shed & Carport Rules
Brookhaven treats every detached storage shed as a structure subject to zoning setbacks under Town Code § 85-190B(9). Sheds up to 600 square feet can rise 12 feet, and the smallest sheds, 144 square feet or less, may sit as close as three feet to a side or rear line and 15 feet from a secondary front yard.
Brookhaven Detached Storage Shed Rules
Some RestrictionsBrookhaven Code § 85-190B(9)
All storage sheds shall be considered structures. Detached storage sheds, not greater than 12 feet in height above surrounding grade and not exceeding 600 square feet in floor area. Detached storage sheds, not greater than 12 feet in height above surrounding grade and less than or equal to 144 square feet in floor area, may be located not closer than three feet to a side or rear yard property l...
Looking for Suffolk County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Brookhaven city rules.
Accessory Structures in Suffolk County →