ADU · Rensselaer County
Can you build an ADU in Nassau, NY?
Town of Nassau has 4 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Nassau code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Rural Residential District | 2 ac | 75 / 50 / 75 ft | 35 ft | No |
| General Business District | 2 ac | 75 / 50 / 75 ft | 35 ft | No |
| Hamlet District | 1 ac | 25 / 25 / 25 ft | 35 ft | No |
| Waterfront Residential District | 1 ac | 50 / 50 / 50 ft | 35 ft | No |
ADUs vs. short-term rentals in Nassau
No local short-term-rental law on record - which is not the same as permission for Town of Nassau. No local short-term-rental law found for the Town of Nassau. The Town's code IS reachable online, contrary to what was previously assumed here: townofnassau.org publishes the full 135-page 2011 Zoning Law (adopted by the Town Board 2011-09-08) plus a complete local-law index running through Local Law #1 of 2026. Read in full 2026-08-27. No local law regulates short-term rental, transient occupancy, rental registration or rental licensing — the index runs to zoning, subdivision, solar, cannabis opt-outs, grasslands, tax exemptions, sewer use, littering, dogs and code administration. THE USE TABLE IS CLOSED AND IT HAS A TRANSIENT-HOUSING CATEGORY. Schedule B carries the note 'Any use not specifically listed below is prohibited', and the definitions reinforce it: 'PROHIBITED USE: Any use which is not listed specifically, or through similar use, as a permitted, special permit or accessory use in the District Schedule of Use Regulations shall be considered a prohibited use under this Local Law.' Under the heading HOUSING - TRANSIENT the Schedule lists five uses across the five districts (Rural-Residential, Waterfront Residential, Hamlet, General Business, Aquifer Overlay): Camp, Group home, Bed & Breakfast, Hotel and Motel. BED & BREAKFAST IS SITE PLAN APPROVAL IN ALL FIVE DISTRICTS — AND IT IS OWNER-OCCUPIED BY DEFINITION: 'An owner-occupied dwelling used for renting accommodations to transient, fee-paying guests and providing not more than one meal (breakfast) daily to lodging guests only.' Hotel is a special permit in Rural-Residential, Waterfront Residential and Hamlet, site plan approval in General Business and not permitted in the Aquifer Overlay; Motel is a special permit in Rural-Residential and Waterfront Residential and not permitted in Hamlet. Neither hotel nor motel describes a house: 'HOTEL: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and with access to units primarily from interior lobbies, courts...'. SO A NON-OWNER-OCCUPIED WHOLE-HOUSE SHORT-TERM RENTAL HAS NO LISTED USE IN NASSAU, and the only door left open is the 'or through similar use' clause in the definition of prohibited use, which is a discretionary interpretation by the Town rather than a right. That reading has not been confirmed with the Town, so this stays a dated negative finding and not a ban. Separately, New York State's 2025 STR registry requires every host statewide to register the unit through the Rensselaer County registry regardless of what the municipality allows. Confirm with the building department at (518) 766-3044 before listing. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both. Municipal source
Good to know
- Residential lot minimum1–2 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(518) 766-3044
- Last reviewed2026-08-05
ADU FAQ — Nassau, NY
Are ADUs allowed in Nassau, NY?
Town of Nassau has 4 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (518) 766-3044.
Do I need a special permit for an ADU in Nassau?
No. No district in Town of Nassau permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (518) 766-3044 before ruling it out.
Can I use an ADU as a short-term rental in Nassau?
No local short-term-rental law on record - which is not the same as permission for Town of Nassau. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Nassau
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $195k–255k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Nassau, priced by size.
More on Nassau: Full zoning for new construction · ADU build cost · House build cost · All Rensselaer County towns
ADU information for Town of Nassau is compiled from the municipal code (last reviewed 2026-08-05) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (518) 766-3044 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.