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Frequently Asked Questions
Building Permits: Non-building structures
Q. If someone in my neighborhood is re-doing his/her existing driveway, how close to the edge of the property line is he/she permitted to go?

A. Driveways can go up to the property line. However, in the case that a driveway touches the curb or sidewalk, please contact the Highway Department at (631) 957-3089.
Q. I would like to build a front porch on my house. What is the required distance I need to be from the street?

A. In order to build a front porch on your house, you must first file a written application with the Department of Planning and Development, Building Division, to obtain a building permit.  Usually front porches are reviewed on a case-by-case basis, so that a variance may be issued. 

If you have any questions regarding front porches/decks, please call the Building Department at (631) 957-3058.


Q. What is a non-building structure?
A. Non-building structures include structures like sheds, decks, pools and fences. These structures do not necessarily follow the traditional building permit process and many of these structures do not require a building permit.

There are differing requirements for building or installing sheds, decks, pools and fences. These may vary depending on your particular zoning district such as A, AA, B, or C. Following the code requirements for these structures ensures that the safety and property rights of Town residents while also helping to maintain the character of our neighborhoods.

Q. What are the permitting requirements for sheds that are smaller than 100 square feet?
A. Sheds not exceeding 100 square feet and 10 feet in height do not require a building permit as long as required set back requirements as set forth for the given zone are met.

There shall be a maximum of two sheds per lot. All sheds must meet lot area occupancy requirements. Set backs for under 200 square foot sheds include:

  • Zone A and AA - 2 feet from the side and rear property lines and 50 feet from the front property line.
  • Zone B and C - 2 feet from the side and rear property lines, 40 feet from the front property line.

All sheds must meet building area requirements or will be required to go before the Zoning Board of Appeals for a variance.

Q. What are the permitting requirements for sheds larger than 100 square feet?
A. A shed larger that 100 square feet requires a building permit and must meet setback areas set forth for the given zone. Set backs for these sheds include:
  • Zone A -10 feet from the side and rear property line and 50 feet from the front property line.
  • Zone B - 8 feet from the side and rear property line and 40 feet from the front property line.
  • Zone C - 6 feet from the side and rear property line and 40 feet from the front property line.

All sheds must meet building area requirements or will be required to go before the Zoning Board of Appeals for a variance.
Q. What are the permitting requirements for decks?
A. Decks higher than 18 inches and lower than 5 feet require a building permit and must meet the following set backs:
  • Zone A and AA - 10 feet from the side and rear property lines, 50 feet from the front property line.
  • Zone B - 8 feet from the side and rear property lines, 40 feet from the front property line.
  • Zone C - 6 feet from the side and rear property lines, 40 feet from the front property line.

Decks higher than 5 feet, enclosed decks and decks with a roof higher than 12 feet are considered additions to the main structure and require a building permit. Contact the Building Division for help in applying for these.

All decks must meet building area requirements or will be required to go before the Zoning Board of Appeals for a variance, as will any construction of a deck in a front yard.

Q. What are the permitting requirements for fences?
A. Construction of a fence does not require a building permit if it complies with the provisions of the code for all zones as follows:
  • Maximum height allowance of 6 feet from the front of the house (structure) to the rear yard.
  • Maximum height allowance of 4 feet in the front yard from the start of the house or structure.
  • Maximum height allowance of 3 feet for all solid fences constructed on either side of a driveway and/or within 10 feet of an entrance/exit to a driveway so as to ensure proper visibility.
  • Maximum height allowance of 3 feet for a corner lot within 20 feet of the corner or intersection.
  • All new fence installations must have the good side facing out.
For fences falling outside of these requirements, please contact the Building Division.
Q. What are the permitting requirements for pools?
A. Construction of a swimming pool (in-ground or above) requires a building permit. All pools must meet lot area requirements and the following minimum set backs:
  • Zone A and AA - 6 feet from the side and rear property lines, 50 feet from the front property line.
  • Zone B and C - 6 feet from the side and rear property lines, 40 feet from the front property line.

A building permit application with surveys and plans must be submitted to the Building Division for review and must comply with the following codes:

  • All electrical devices must be equipped with a ground fault interrupter and approved by a fire underwriter.
  • All pools must be enclosed by a fence, 4 foot or higher, that has a self-closing and self-locking gate. Fence must have the good side facing away from the house, toward the street.
  • All pools must have an audible alarm.
  • Filter and drainage systems must be contained on the property.
  • Pools cannot be constructed in a front yard.

Have a general question? Submit it here for review:

*Please note: Inquiries submitted in this section cannot be responded to by individual email as only your question will be sent for consideration – no personal information, i.e. your email address will be sent along with your inquiry. If it is determined that an answer to your posted question is not already contained in this section and will be beneficial to other Town of Babylon residents, it will be posted. If you have a specific need that needs to be addressed, you can email us by clicking on the Contact Us section on the navigational bar to the left of your screen.




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