New York Consolidated Laws

N.Y. Town Law § 261 (2026)

Grant of power; appropriations for certain expenses incurred under this article

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 261. Grant of power; appropriations for certain expenses incurred
under this article. For the purpose of promoting the health, safety,
morals, or the general welfare of the community, the town board is
hereby empowered by local law or ordinance to regulate and restrict the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, and the location and
use of buildings, structures and land for trade, industry, residence or
other purposes; provided that such regulations shall apply to and affect
only such part of a town as is outside the limits of any incorporated
village or city; provided further, that all charges and expenses
incurred under this article for zoning and planning shall be a charge
upon the taxable property of that part of the town outside of any
incorporated village or city. The town board is hereby authorized and
empowered to make such appropriation as it may see fit for such charges
and expenses, provided however, that such appropriation shall be the
estimated charges and expenses less fees, if any, collected, and
provided, that the amount so appropriated shall be assessed, levied and
collected from the property outside of any incorporated village or city.
Such regulations may provide that a board of appeals may determine and
vary their application in harmony with their general purpose and intent,
and in accordance with general or specific rules therein contained.

Notes of Decisions

Cited in 52 cases (5 in the last 5 years), 1972–2025 · leading case: Town of Islip v. Zalak, 165 A.D.2d 83 (N.Y. App. Div. 1991).

Sort: Relevance Newest Treatment

Town of Islip v. Zalak, 165 A.D.2d 83 (N.Y. App. Div. 1991). · cites it 6× “Town Law § 261 simply authorizes town boards to regulate "the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use…”

Frew Run Gravel Prods., Inc. v. Town of Carroll, 518 N.E.2d 920 (NY 1987). · cites it 2× “Moreover, to read into ECL 23-2703 (2) an intent to preempt a town zoning ordinance prohibiting a mining operation in a given zone, as petitioner would have us, would drastically curtail the town’s power to adopt zoning regulations granted in subdivision (6) of section 10 of the…”

Schlossin v. Town of Marilla, 48 A.D.3d 1118 (N.Y. App. Div. 2008). · cites it 2× “lla (Town) and plaintiff Creekside Development, LLC (Creekside), the contract vendee for that property, commenced this action seeking, inter alia, a declaration annulling sections 210-8, 210-10CA) and 210-11(A) (28) of the Town’s Zoning Law on the grounds that they exceed the…”

Suffolk Hous. v. Town of Brookhaven, 511 N.E.2d 67 (NY 1987). · cites it 3× “Plaintiffs seek a judgment, among other things, declaring the zoning ordinance of the Town of Brookhaven void in its entirety because of the Town’s failure to exercise its zoning power (Town Law § 261) to enable development of sufficient low-cost shelter and ordering the Town to…”

Daniels v. Voris, 241 A.D.2d 796 (N.Y. App. Div. 1997). · cites it 3× “Thereafter, petitioners, owners of property on or near the subject lands, commenced this litigation alleging four causes of action predicated upon the Town Board’s alleged failure to comply with SEQRA and two declaratory judgment causes of action premised upon claimed violations…”

Wallach v. Town of Dryden, 16 N.E.3d 1188 (NY 2014). “The legislature likewise authorized towns to enact zoning laws for the purpose of fostering “the health, safety, morals, or the general welfare of the community” (Town Law §261; see also Statute of Local Governments § 10 [6] [granting *743 towns “the power to adopt, amend and…”

Manbeck v. Micka, 640 F. Supp. 2d 351 (S.D.N.Y. 2009). “See N.Y. Town Law § 261 (authorizing town boards to enact local laws or ordinances to “regulate .”

Fair Hous. Dev. Fund Corp. v. Burke, 55 F.R.D. 414 (E.D.N.Y 1972). · cites it 2× “Plaintiffs are presently seeking injunctive and declaratory relief with respect to the housing and land use polides and practices of the Town as effected through their zoning ordinances.”

Dean v. Town of Hempstead, 163 F. Supp. 3d 59 (E.D.N.Y 2016). “Town Law § 261 (“Such regulations may provide that a board of appeals may determine and vary their application in harmony with their general purpose and intent.”

Moriarty v. Plan. Bd. of Vill. of Sloatsburg, 119 A.D.2d 188 (N.Y. App. Div. 1986). “Although the general section that confers zoning power upon Town Boards (Town Law § 261) commences with a strong enunciation of its general welfare purposes, Riegert Apts.”

Tpk. Woods, Inc. v. Town of Stony Point, 514 N.E.2d 380 (NY 1987). “While towns may impose certain restrictions and conditions on the use and development of land pursuant to the appropriate legislative grant of authority (see, Town Law § 261; Municipal Home Rule Law § 10 [1] [ii] [a] [14]; Statute of Local Governments § 10 [6]), they may not…”

Sunrise Check Cashing & Payroll Servs., Inc. v. Town of Hempstead, 986 N.E.2d 898 (NY 2013). “A town’s power to adopt zoning regulations derives from Town Law § 261, which authorizes town boards “to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and…”

Show all 52 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.