ADU · Sullivan County
Can you build an ADU in Delaware, NY?
Town of Delaware has 7 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Delaware 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 |
|---|---|---|---|---|
| Delaware River District | 2 ac | 50 / 50 / 50 ft | 35 ft | No |
| Residential District | 0.9183 ac | 50 / 30 / 50 ft | 35 ft | No |
| Rural District | 1.8365 ac | 50 / 30 / 50 ft | 45 ft | No |
| Business District | 0.1722 ac | 20 / 10 / 30 ft | 60 ft | No |
| Callicoon Business District | 2 ac | 50 / 25 / 25 ft | 40 ft | No |
| Callicoon Residential District | 0.9183 ac | 50 / 30 / 50 ft | 35 ft | No |
| Planned Unit Development District | — | — | 45 ft | No |
ADUs vs. short-term rentals in Delaware
Short-term rentals allowed with local rules for Town of Delaware. Town of Delaware enacted a Short-Term Rental ordinance (Chapter 175) effective April 10, 2024, requiring annual licenses, Health Dept approval for 10+ occupants, bedroom size limits, parking caps, and owner responsibility for disturbances and trash removal. 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.
Good to know
- Residential lot minimum0.9183–1.8365 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNYSEG territory.
- Building dept(845) 887-5250
- Last reviewed2026-08-26
ADU FAQ — Delaware, NY
Are ADUs allowed in Delaware, NY?
Town of Delaware has 7 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (845) 887-5250.
Do I need a special permit for an ADU in Delaware?
No. No district in Town of Delaware permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (845) 887-5250 before ruling it out.
Can I use an ADU as a short-term rental in Delaware?
Short-term rentals allowed with local rules for Town of Delaware. 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 Delaware
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $190k–250k 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 Delaware, priced by size.
More on Delaware: Full zoning for new construction · ADU build cost · House build cost · All Sullivan County towns
ADU information for Town of Delaware is compiled from the municipal code (last reviewed 2026-08-26) 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 (845) 887-5250 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.