The NYS legislature has declared that it shall be the public policy of the State of New York to provide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the state from hazards of fire and inadequate building construction. The building permit process includes plan review and building inspections to make certain that your project complies with the building code and all applicable regulations.

Why are building permits required?

Town of Marcellus laws contain requirements for building construction such as the maximum size of accessory structures depending upon what zone they are in and also limits how close a structure can be to a property line. The building permit process helps to make certain that your project will comply with the law.

What does a permit cost?

The cost of a building permit varies by the project type and size.

Some examples for common projects:

  • House: 1800 square feet with 400 square foot garage – $458
  • Addition: 200 square feet – $65
  • Deck: 200 square feet – $31
  • Fireplace or wood stove – $30
  • Swimming Pool, above ground – $35
  • Swimming Pool, in ground – $75
  • Shed, 100 square feet – $20
  • Pole Barn, 900 square feet – $115

Fees shown do not include the cost of electrical or plumbing or other permits that may be applicable to the project.

Town building permit fee schedule

How long does it take for a permit application to be approved?

Once all of the items required to be submitted with the application have been received permits are generally approved within three (3) to ten (10) days.

What if I don't get a permit when one is required?

You must go through the permit application process.  Town of Marcellus regulations and the New York State Uniform Fire Prevention and Building Code both contain requirements for building permits. The penalty for violating the Town of Marcellus Zoning Ordinance are fines up to $750 and 15 days imprisonment. The penalty for violating the New York State Uniform Fire Prevention and Building Code is a fine not to exceed $1,200 per day and imprisonment for up to one year.

Are building inspections required?

Yes, anywhere from one to a dozen inspections are required depending on the project.

How long is a building permit good for?

Most building permits are valid for one year and may be extended for an additional year upon receipt of updated contractor insurance certificates and the extension fee. Swimming pool permits are generally valid for 3 months.

Construction Question: Can I get a copy of the building code or zoning law?

The Town of Marcellus Zoning Laws are available from the Clerk’s offices and can be viewed online here:

Town of Marcellus Zoning_Law

Construction Question: How deep do post holes have to be for a deck?

Post holes must be 42 inches deep and must be inspected before filling. Decks may be built floating, without post holes, but then cross framing is required at all posts and the deck can not be attached to the house.

Miscellaneous Question: Am I allowed to burn brush, leaves or garbage?

Burn permits are required in the Town for any outdoor fires other than small cooking or camp fires.Bon fires require a burn permit. No trash or garbage may be burned in the town. Burn permits are free and may be obtained at the Town Clerk’s office.

Miscellaneous Question: What is a Certificate of Occupancy and a Certificate of Compliance?

A certificate of Occupancy or C/O is a written statement from the Code Enforcement Officer or other properly authorized person that the construction or use proposed under the same numbered permit, is complete and complies with the existing regulations of the Zoning Law and Building Code. A C/O must be issued before the structure can be occupied or used. A Certificate of Compliance or C/C is the same except it is issued on projects like wood stoves and fences.