Do I need a permit for a paver patio on Long Island?

In most Long Island municipalities, a ground-level paver patio on your private property does not require a building permit. However, the patio must comply with lot coverage limits and setback requirements for your zoning district. If the patio pushes your total lot coverage above the allowable percentage, you may need a variance. Check with your local building department to confirm requirements for your specific property.

Do retaining walls require a permit on Long Island?

Retaining walls over 4 feet in height (measured from the base of the footing to the top of the wall) require a building permit on Long Island. This is a New York State code requirement. Walls over 4 feet also require engineered drawings prepared by a licensed professional engineer. Walls under 4 feet generally do not require a permit, though some municipalities may have stricter thresholds.

What happens if I build without a permit on Long Island?

Building without a required permit can result in fines, a stop-work order, and potentially an order to remove the unpermitted work at your expense. Unpermitted work can also create problems when you sell your home, as title searches and buyer inspections may flag improvements that lack permits. It is always better to confirm requirements and obtain permits before starting construction.

How long does it take to get a hardscape permit on Long Island?

Permit processing times vary by municipality. Simple permits like driveway apron replacements may be approved in 1 to 2 weeks. More complex permits involving retaining walls with engineering, variance applications, or projects in flood zones can take 4 to 12 weeks or longer. Your contractor should factor permit processing time into the overall project schedule.

Does my contractor pull the permit or do I?

In most Long Island municipalities, either the homeowner or a licensed contractor can apply for the permit. Many contractors handle the permit process as part of the project, which ensures the application is complete and accurately describes the scope of work. Ask your contractor whether permit filing is included in their scope of services before signing a contract.

Do I need a permit to repave my driveway on Long Island?

If you are resurfacing or overlaying an existing driveway without changing its footprint, width, or grading, a permit is typically not required. However, if you are widening the driveway, creating a new curb cut, or modifying the apron in the right-of-way, a permit is required. New driveway installations always require a permit. Check with your town or village building department to confirm.

Hardscape Permits on Long Island: What You Need to Know

One of the most common questions homeowners ask before starting an outdoor project is whether they need a permit. The answer on Long Island is not always straightforward because permit requirements vary by town, village, and sometimes even by the specific zoning district within a municipality. What requires a permit in the Town of Hempstead may be handled differently in the Town of Oyster Bay or the Town of Babylon. Getting this wrong can result in fines, stop-work orders, forced removal of completed work, or complications when you sell your home. This guide covers the general permit landscape for hardscape projects across Long Island and provides specific guidance for the four largest towns.

Projects That Typically Require a Permit

While requirements vary by municipality, certain hardscape projects almost always require a building permit or site plan approval on Long Island. These are projects that affect structural safety, drainage patterns, property lot coverage, or work within the municipal right-of-way.

Retaining walls over 4 feet in height (measured from the base of the footing to the top of the wall). This is a New York State building code requirement that applies across all Long Island municipalities. Walls over 4 feet also require engineered drawings.
Driveway aprons and curb cuts within the municipal right-of-way. Any work between the curb and your property line requires a permit from the highway department or building department.
New driveway installations or significant widening of existing driveways. Most towns regulate driveway width, location, and proximity to intersections and neighboring driveways.
Structures with roofs such as pergolas, pavilions, and covered outdoor kitchens. These are treated as accessory structures and require building permits in virtually every Long Island municipality.
Any hardscape that involves changes to grading or drainage patterns that could affect neighboring properties or municipal drainage systems.

Projects That Typically Do Not Require a Permit

Many routine hardscape projects fall below the threshold for building permit requirements, though it is always wise to verify with your local building department before starting work.

Paver patios at grade level (not elevated) that do not exceed lot coverage limits. In most Long Island towns, a ground-level patio installed on your own property does not require a building permit.
Walkways and pathways on your private property, provided they do not cross the right-of-way or alter drainage patterns.
Retaining walls under 4 feet in height, though some municipalities have stricter thresholds. Always confirm the height limit with your town.
Replacing an existing driveway surface (resurfacing with asphalt or overlaying with pavers) without changing the driveway footprint or grading.
Fire pits that are portable or under a certain size threshold. Built-in fire pits and fireplaces connected to gas lines typically require a permit.

Lot Coverage: The Hidden Permit Issue

Even when a specific hardscape element does not require a building permit, Long Island zoning codes set maximum lot coverage percentages that limit how much of your property can be covered by impervious surfaces. Lot coverage includes the house footprint, driveway, patio, walkways, pool decking, and any other paved or built surface. If a new patio or driveway addition pushes your property over the allowable lot coverage, you may need a variance from the zoning board of appeals, which is a separate and more involved process than a standard permit.

Maximum lot coverage varies by zone. In many residential zones across Long Island, the limit is 35% to 45% of the lot area. Smaller lots in densely built neighborhoods like Levittown or Hicksville may already be close to the coverage maximum, leaving limited room for additional hardscape without a variance. Your contractor or a surveyor can help you calculate your current lot coverage before you plan a new project.

Permit Requirements by Town

Town of Hempstead

The Town of Hempstead is the largest township on Long Island and has a detailed building code. Driveway apron permits are required for any work in the right-of-way. Retaining walls over 4 feet need a building permit with engineered plans. Covered structures like pergolas and pavilions require a building permit. Ground-level patios generally do not require a permit unless they affect drainage or exceed lot coverage. The Town of Hempstead Building Department can be contacted directly for project-specific questions.

Town of Oyster Bay

The Town of Oyster Bay has similar requirements to Hempstead for major hardscape work. Driveway permits are required for new installations and for apron work in the right-of-way. Retaining walls over 4 feet require a permit and engineering. The town also regulates fence installations, which may be relevant if a retaining wall is topped with a fence. Ground-level patios and walkways on private property typically do not require a permit but must comply with lot coverage and setback requirements.

Town of Babylon

The Town of Babylon requires permits for retaining walls over 4 feet, new driveways, driveway apron modifications, and accessory structures. The town also has specific regulations regarding proximity to wetlands and flood zones, which is relevant for properties near the Great South Bay. Many properties in Babylon fall within FEMA flood zones, and hardscape work in these areas may trigger additional review requirements. Ground-level patios do not typically require a building permit in Babylon, but lot coverage limits still apply.

Town of Islip

The Town of Islip follows a similar framework. Permits are required for retaining walls over 4 feet, new driveways, curb cut modifications, and covered structures. Islip has flood zone considerations similar to Babylon for waterfront and near-waterfront properties. The town building department reviews projects for compliance with lot coverage, setbacks, and drainage. As with other towns, basic ground-level patios and walkways on private property generally do not require a separate permit.

Important Note About Villages

Long Island has over 100 incorporated villages, many of which have their own building codes and permit requirements that are separate from and sometimes stricter than the town regulations. If your property is located within an incorporated village, you must check with the village building department rather than (or in addition to) the town. For example, the Village of Hempstead, the Village of Freeport, and the Village of Babylon each have their own building departments with their own rules. Your contractor should be familiar with the specific requirements of your municipality.

How Your Contractor Can Help

A professional hardscape contractor with experience across Long Island municipalities should know which projects require permits in your area and can either handle the permit process on your behalf or guide you through it. At Brothers Paving & Masonry, we work across the Town of Hempstead, Town of Oyster Bay, Town of Babylon, Town of Islip, and dozens of villages throughout Long Island. We advise every customer on permit requirements before work begins, help prepare permit applications when needed, and ensure that all work meets local code standards. Call (631) 374-9796 to schedule a free consultation and get clear answers about permits for your specific project.