It’s just a simple shed, so why do I need a permit?

IT’S JUST A SHED

Q: Is a building permit required for a shed?

A: Yes, any structure requires a permit.

Q: But this thing is portable! It will be brought to our property and set in place without a foundation. Even a portable or temporary little shed requires a permit?

A: Again, yes. A structure is a structure—on skids, blocks, stone pad or piers, it is still a structure. There is no lack of “temporary” or “portable” sheds all over that have never moved for 5, 10, 20, 30 years or more. A structure is a structure.

Q: We were told that the town is over-reaching on this issue and that the town has no right to require permits for sheds. Is this just another way of the town trying to rip people off?

A: No one is being picked on or singled out. Building permits are required by the NYS Building Code and/or by the local zoning ordinance. It’s the law of the land; this office did not write the law.

Q: What law requires permits?

A: Title 19 NYCRR Part 1203 is the state law that sets the minimum standards for the administration and enforcement of the NYS Uniform Fire Prevention and Building Code, commonly referred to as the Uniform Code.

Q: Does that law actually require a building permit for a shed?

A: Yes… “Except as otherwise provided, a building permit is required for any work which must conform to the Uniform Code, or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure, or portion thereof…”

Q: What is meant by ‘Except as otherwise provided’?

A: There are certain exemptions from this law including storage or tool sheds that are only one story and not larger than 144 square feet in size.

Q: That’s it!! A shed less than 144 square feet in size does not need a permit! Why does the town require a permit for any size?

A: For two reasons. First, the local zoning ordinance requires all structures, including sheds [commonly called accessory structures] to be placed at certain minimum distances from the property lines or other buildings.

Second, the state law does not exempt the shed from meeting the minimum standards for construction specific to structural integrity [snow load] or use.

Even though the state law may suggest no permit is required, the owner and manufacturer are still required to build it in a manner that meets the Uniform Code.

Q: Does the Town of Webb actually say a permit is required for any size building?

A: Yes… Local Law No. 2 of the year 2006, as amended from as far back as 1965. This zoning law, as did the zoning law in 1965, refers to all structures without distinction.

Q: So we have no choice but to obtain a permit before we have our new shed placed in our yard?

A: That’s correct. We try to keep the process as simple as possible. The bigger the property, the easier it is to meet the property line setback requirements.

On small lots, or lots with challenging features, it can become more difficult.

As far as the Uniform Code and meeting the structural requirements of the State Building Code, as a buyer of this shed, don’t you want proof that this thing was built to withstand the snow we can get in this area?

Q: How come you can see these sheds all over the area, all across the state?

A: Because these pre-built sheds offer a quick, affordable and easy solution for people that need that kind of storage room.

Q: My friends, who do not live in the Town of Webb, have one and never got a permit. They were told they did not need one by the outfit that built the unit. Why?

A: That depends on the local law in that area. However, even if the municipality does not have a local law or zoning ordinance that requires permits for any size structure, that does not mean the shed can be built so cheap that it would not meet the minimum requirements of the NYS Uniform Code. That rule applies equally all over the state.

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Knowledge and understanding of the laws, rules and regulations are powerful tools. If you don’t like those laws, get involved and get them changed. It won’t do any good to scream at the local code people. They don’t write this stuff.