Structure Height
Disclaimer: This page is intended to provide general information regarding Agency jurisdiction. Other provisions or restrictions may apply if an Agency permit or variance is required or if the property has previously been subject to Agency review.
This is a supplement to the Citizen's Guide, which provides basic information about Adirondack Park Agency regulations. Please contact the Agency with any questions. For a binding written response as to whether a specific proposal requires Agency review, please submit a Jurisdictional Inquiry Form online or by mail.
Updated: August 20, 2013
Pursuant to Sections 809 and 810 of the Adirondack Park Agency Act, any new structure in excess of forty feet in height1 requires an Agency permit as a Class A regional project.2
Measuring Height
The Agency measures height from the highest point of a structure to the lowest point of original or finished grade or the base of any supporting fill, whichever is lower.3 A structure is comprised of all attached components, including decks, porches, garages, roofs, and chimneys.4
Please note that the Agency’s height measurement methodology may differ from the method used by towns, villages, and other entities.
Examples
Click on each image to expand
Replacement and Expansion of Existing Structures in Excess of 40 Feet in Height
No Agency permit is required for the rebuilding, replacement, or restoration of a structure originally more than forty feet in height to the same height. A permit is required for the replacement or expansion of an existing structure in excess of 40 feet in height that results in an increase in height.
1 Agricultural use structures and residential radio and telephone antennas are excepted from this permitting requirement.
2 This requirement does not apply in Industrial Use land use areas.
3 Upon request, Agency engineering staff can help to determine the base of any supporting fill.
4 The measurement of buildings within shoreline setback areas for replacement or expansion purposes is taken from the highest point of the highest roof ridgeline.