Thinking about adding a shed, replacing a fence, or taking down a tree? In Commack, small projects can trip up big headaches if you miss the permit rules. It is even trickier here because Commack sits in two different towns, and each has its own process.
You want to keep your project simple, safe, and compliant, especially if you might sell in the next few years. In this guide, you will learn how to confirm which town governs your property, the typical triggers for permits, how unpermitted work can affect a closing, and the steps to get it right from the start.
Let’s dive in.
Confirm your town first
Commack spans the Town of Huntington and the Town of Smithtown. Which town you are in determines the rules, inspections, and fees for your project.
- Check your property tax bill or the county’s property records to see which town lists your parcel.
- Use Suffolk County GIS or a property lookup to verify your town and zoning district.
- Call the building department for the town you believe you are in and confirm by street address.
Why jurisdiction matters
- Each town has its own permit thresholds for sheds, fence heights, and tree removal.
- Setbacks, lot coverage, and height limits differ by district.
- Application materials, fees, processing times, and inspections vary by town.
- Enforcement practices and penalties are not the same. Avoid guessing.
Sheds and accessory structures
A backyard shed or small outbuilding seems simple, but it often triggers review.
When permits are commonly required
- The structure exceeds your town’s footprint threshold. Many towns require permits for sheds over a certain size. Thresholds often fall in the 100 to 200 square foot range, but you must confirm the exact number with your town.
- The structure is anchored, has a foundation, or includes electrical or plumbing.
- The location does not meet setbacks or pushes you over lot coverage limits.
When permits may not be required
- Small, movable sheds without a foundation sometimes fall below the permit threshold. Even then, zoning rules still apply, including location and setbacks. Always confirm before you order or build.
Zoning and placement basics
- Accessory structures are often limited to side or rear yards, not front yards.
- Setbacks from property lines and maximum heights apply.
- Lot coverage and impervious surface rules can limit where and how large you can build.
Huntington vs. Smithtown: what to verify
- The exact square foot trigger for permits.
- Whether anchoring a shed changes the permit requirement.
- Required side and rear setbacks for your zoning district.
- Height limits for accessory structures.
Practical tips
- Place the shed where a survey shows clear distance from property lines.
- Keep proof of purchase, installation details, and any town correspondence.
- If you discover an older, unpermitted shed, ask the town about after-the-fact permits. Removal or a variance may be required if it violates setbacks.
Fences: height, location, and permits
Fence rules differ by town and by yard.
What often triggers a permit
- Fences above a specific height or any fence in a front yard.
- Fences that affect driveway sight lines or sit in the public right-of-way.
- Fences on or across municipal easements may require special approval.
What to check before you install
- The maximum allowed height for front vs. side and rear yards.
- Material restrictions or special rules near historic areas or wetlands.
- Whether you need a permit for a front yard fence even if the height is lower.
Boundary accuracy matters
- Get a recent survey before building along a property line. Neighbor disputes are common when lines are unclear.
- Towns may ask for a simple site plan or marked-up survey showing fence placement.
Trees and tree work
Tree rules are highly location dependent and can involve multiple agencies.
When permits or approvals are common
- Removal of a large tree based on trunk diameter or a protected species.
- Work within regulated areas such as wetlands, steep slopes, or near water bodies.
- Trees in or near the public right-of-way or in a town easement.
Private vs. public trees
- You can usually prune or maintain trees on private property. Significant removals may require a town permit, especially for larger trees or in sensitive areas.
- Street trees and trees in public easements are often the town’s responsibility. Get the town’s guidance before cutting.
Huntington vs. Smithtown: what to verify
- Whether a tree preservation ordinance applies and the diameter threshold for permits.
- Required mitigation, such as replacement plantings or fees.
- Any added rules near wetlands, creeks, or the Long Island Sound, which may also involve state review.
Practical tips
- Hire licensed and insured tree contractors familiar with local rules.
- Unpermitted removal of protected trees can lead to fines and replacement orders.
Small hardscapes, decks, and retaining walls
Even ground-level projects can trigger review.
Typical permit triggers
- Decks above a certain height off grade.
- Retaining walls above a certain height, or any wall that affects drainage.
- Patios, driveways, and other hardscapes that increase impervious surface.
- In-ground pools and many above-ground pools require permits and inspections.
What to confirm
- Setbacks, lot coverage, and impervious surface limits for your zoning district.
- Whether engineered drawings, drainage plans, or stormwater measures are required.
- The inspection schedule for footings, framing, and final approval.
How unpermitted work affects a sale
Open permits and violations can disrupt your timeline and financing.
- Lenders and title companies often require disclosure of open permits or unpermitted structures. They may delay closing or exclude coverage until resolved.
- Municipal fines or liens must be cleared for clean title.
- The town may require a Certificate of Compliance or final inspection sign-off. Missing paperwork can cause last-minute issues.
- After-the-fact permits are often possible, but fees are usually higher and modifications may be required. If zoning cannot be met, removal or a variance might be the only path.
Best practice for sellers
- Disclose known unpermitted work early.
- If feasible, obtain the needed permits and final sign-offs before listing.
- Keep permits, inspection proofs, and final approvals in one file for buyers and the title company.
- If time is tight, discuss an escrow, price credit, or a timeline for remediation with your agent.
If you are a buyer
- Ask your attorney or title company to search for open permits and violations.
- Request documentation of permits and final approvals for recent work.
- Budget for potential after-the-fact permitting if you discover issues during diligence.
Quick pre-flight checklist
Do these steps before you buy materials or hire a contractor.
- Confirm your town
- Check your tax bill or property records to confirm Huntington or Smithtown.
- Verify zoning using county resources or by contacting your town.
- Call the building department
- Ask the following:
- Is a permit required for my project? Share details like shed size, fence height, deck height, tree diameter, or wall height.
- What setbacks and lot coverage limits apply to my lot and zoning district?
- What application materials are needed? Site plan, survey, contractor info, engineered drawings?
- Which inspections are required and how do I schedule them?
- What is the current fee schedule and typical timeline?
- Check private restrictions
- Review your deed, HOA rules, or conservation easements. These can be stricter than town code.
- Confirm boundaries
- Order a current survey or have corners flagged if you plan a fence or shed near a line.
A simple call script you can use
“Hi, I live in Commack at [address]. Can you confirm whether I am in Huntington or Smithtown? I am planning to install [project: shed/fence/tree removal/deck]. The shed is approximately [size], and the location would be [rear/side yard]. Do I need a permit? What are my setbacks and lot coverage limits? What application materials, inspections, fees, and timelines should I expect?”
What you will submit for permits
While each town’s application looks a bit different, they often ask for:
- Completed application form and your tax map ID or deed information.
- A recent survey or site plan showing the project location and distances to property lines.
- Contractor license details and proof of insurance, if applicable.
- Construction specifications or engineered plans for structures, decks, and walls.
- For tree permits: species, diameter, reason for removal, and a replacement plan if required.
- Photos, especially for after-the-fact applications.
During and after construction
- Post the permit and approved plans onsite if required.
- Schedule inspections at the milestones your town specifies.
- Keep copies of all inspection certificates.
- Obtain your final sign-off or Certificate of Compliance and store it with your home records.
Timelines, costs, and expectations
- Small residential permits can be processed in days to a few weeks. Reviews that involve zoning variances, wetlands, or engineering can take longer.
- Inspection scheduling begins after permits are approved. A final inspection is typically needed for closure.
- Fees vary by project and are higher for after-the-fact permits. Ask your town for current amounts.
- Factor in contractor lead times, especially for licensed trades and tree services.
Special areas and added agencies
If your project is near wetlands, creeks, the Long Island Sound, or on steep slopes, plan on additional review. The New York State Department of Environmental Conservation and other agencies may be involved. Projects in public rights-of-way or on municipal easements also require early coordination with the town.
Moving soon? How careful planning helps your sale
Permits and final approvals protect your investment and keep your sale on track. Buyers, lenders, and title companies feel more confident when your file is complete. If you discover past work without permits, start the after-the-fact process now and keep a paper trail of applications, inspections, and any corrections.
Ready to talk through your project timeline or prepare your home for market with clear, documented improvements? Reach out for calm, practical guidance and coordination.
Get your instant home valuation or schedule a consult with Cindy Awan today. Work with a local advisor who understands Huntington and Smithtown processes and how to keep closings smooth. Connect with Cindy at Unknown Company.
FAQs
Do I need a permit for a small shed in Commack?
- Often yes if it exceeds your town’s size threshold, has a foundation or utilities, or does not meet setbacks; confirm exact requirements with your town before you buy or build.
Can I build a fence on the property line in Commack?
- You can place a fence near a boundary only if you meet town height limits, respect easements, and avoid the right-of-way; get a current survey and check front yard rules.
Do I need a permit to remove a tree on my property?
- Routine pruning typically does not require a permit, but removing larger or protected trees, or trees in regulated areas or public rights-of-way, often does; confirm with your town.
How do unpermitted sheds or fences affect a home sale?
- They can delay financing and title clearance; you may need an after-the-fact permit, modifications, fines, or removal before closing proceeds.
What should I ask the building department before a DIY project?
- Ask about permit needs, setbacks, lot coverage, application materials, inspections, fees, and timelines; share specific project details like size, height, and exact location.
