Permits and Approvals on a Bedford Renovation

This guide covers permits and approvals for a renovation, addition or new house in the Town of Bedford, which is made up of three hamlets: Bedford Village, Bedford Hills and Katonah. It sets out the agencies usually involved, the order approvals tend to follow and the conditions that most often change a Bedford project. Requirements depend on the property and the work, so confirm what applies with the town before the design is settled.

The agencies involved

• Building Department. The Building Department is the enforcement authority for the zoning ordinance and the building code. It reviews plans and inspects through the stages of a project.
• Planning Department and Planning Board. The Planning Department houses the Planning Board, the Wetlands Control Commission and the Historic Building Preservation Commission. The Planning Board's reviews include steep slope and ridgeline permits for clearing, grading, filling or building on steep slopes or in ridgeline preservation areas.
• Zoning Board of Appeals. The board hears and grants relief from regulations and from decisions made by town officials or land use boards.
• Wetlands Control Commission. A permit is needed for regulated activity in a wetland or wetland buffer. The Wetlands Permit Official issues administrative permits for less intensive work such as sheds, fences, decks and porches, while the commission decides full permits for greater disturbance, such as driveways, pools, tennis courts, septic fields and cut and fill.
• Historic review. The Bedford Village Historic District Review Commission and the Katonah Historic District Advisory Commission cover the two historic districts. Outside them, the Historic Building Preservation Commission applies the town's historic building preservation law.
• Westchester County Department of Health. The county reviews and permits new septic systems, private wells fall under Article VII of the county Sanitary Code, and the department provides records of approved septic systems and wells on request.
• New York City Department of Environmental Protection. Parts of Bedford drain to New York City's Cross River and Muscoot reservoirs. In the watershed, the Watershed Rules and Regulations cover residential septic systems, paved driveways and other impervious surfaces next to streams, land clearing and grading, and stormwater.

The usual order of approvals

• The site first. Locate wetlands and buffers, steep slopes, protected trees, the septic system and the well before the design develops, with a survey where needed.
• Land use and historic approvals. Planning Board, Wetlands Control Commission, Zoning Board of Appeals and historic district approvals are generally needed before the building permit for the work they cover.
• Septic and watershed approvals. A new or altered septic system goes to the County Health Department, and some projects also need a stormwater plan submitted to DEP.
• Building permit. The Building Department reviews the application and the construction documents.
• Inspections. The town code lists inspections, where they apply, from the work site before the permit is issued through footings and foundations, framing, building systems and energy code features such as insulation, to a final inspection once all work is complete.
• Certificate of occupancy. Bedford's code calls the final sign-off a certificate of occupancy, sometimes referred to as a certificate of compliance. The Building Inspector inspects the work before issuing it, and a temporary certificate can allow partial occupancy before the work is finished.

Conditions that change a Bedford project

Septic and the watershed. Within the New York City watershed, DEP must review and approve new septic systems and alterations to existing ones, and adding a bedroom to a house counts as an alteration. In Westchester, these applications go to the County Health Department under a delegation agreement with DEP. DEP notes that its approval does not remove the need for other approvals, so plan the septic review alongside the town's.

Wetlands. A driveway, pool, septic field or addition can fall within a wetland buffer. Separately, the state Department of Environmental Conservation regulates certain freshwater wetlands and their adjacent areas, and it advises anyone planning construction near possible wetlands to find out before work starts whether the project is in a regulated area.

Slopes, ridgelines and trees. Steep slope and ridgeline permits are Planning Board decisions, and Bedford's tree preservation law requires a permit to remove certain trees.

The historic districts. In the Bedford Village Historic District, a certificate is needed before any change to exterior features, including walls, fences, paving and painting, while ordinary maintenance that does not change the appearance is excepted. In the Katonah Historic District, which includes and surrounds the Katonah Greens, a certificate is needed for major exterior changes such as demolition, new structures, enclosed additions, decks and porches.

Historic buildings outside the districts. The town classifies historic buildings in two tiers. The Building Inspector refers substantial alteration or demolition of a Tier 1 building to the Historic Building Preservation Commission and demolition of a Tier 2 building to the Director of Planning, while routine work such as repainting, reroofing and repairs in kind generally needs no review. Our guide to what to keep in an old house covers the decisions that come first.

What a complete submission usually includes

Bedford's building code sets out what a permit application contains. Ask the Building Department for its current checklist, and expect:

• Construction drawings or specifications, generally prepared and sealed by a licensed architect or professional engineer.
• A site plan drawn to scale from an accurate boundary survey.
• A written statement of compliance with the energy code and a representation of the building's thermal envelope.
• Copies of Planning Board, wetlands, zoning or historic approvals that apply.
• Septic approval from the County Health Department where the work affects the system, and any stormwater plan DEP requires.

Planning around the calendar

The Planning Board, the Wetlands Control Commission, the Zoning Board of Appeals and the historic commissions each work to their own meeting calendars, and the septic review runs through the county. Put each one in the schedule from the start. We plan town approvals with the design team as part of our design-build process, and pre-construction budgeting runs alongside, so septic, well and site work are priced before construction starts.

Questions about permits in Bedford

Do Katonah and Bedford Hills have their own building departments?

No. Bedford Village, Bedford Hills and Katonah are hamlets of the Town of Bedford, so permits and land use approvals go through the town's offices. The two historic districts are the main place where the review differs by hamlet.

We are on septic. Can we add a bedroom?

Possibly, but plan for a septic review. In the watershed, adding a bedroom counts as an alteration to the septic system, and the County Health Department reviews it on DEP's behalf. Request the septic records early so the design reflects what the site can support.

Does a pool or a new driveway need wetlands approval?

If it is in a wetland or wetland buffer, yes, and both are examples of work that needs a full permit from the Wetlands Control Commission. Smaller structures such as sheds, decks and porches may need only an administrative permit from the Wetlands Permit Official.

Our house is in the Katonah Historic District. What needs a certificate?

Major exterior changes, including demolition, new structures, enclosed additions, decks and porches. Confirm with the Planning Department what goes to the Katonah Historic District Advisory Commission before the design is set.

Do we need a permit to take down trees?

Sometimes. Trees in wetlands, on steep slopes, near designated scenic roads and in the historic districts can need a permit. When the trees are part of a larger Planning Board, wetlands or building application, that approval serves as the permit.

What is the final sign-off called in Bedford?

A certificate of occupancy, which the town code notes is sometimes referred to as a certificate of compliance. The Building Inspector issues it after inspecting the completed work.

Next steps

Our Bedford page covers the hamlets and how we work there. Pound Ridge is a separate town with its own boards, including a Water Control Commission for wetlands, covered on our Pound Ridge page, and our Westchester County page explains how approvals work across the county. If an addition is part of the plan, start with our home additions page, and our permits and approvals articles cover other towns. When you are ready, request a free consultation at the house or at our design center at 46 Beatrice St, Unit 2, Bridgeport, by appointment.