The state sets the floor at 400 square feet, and five Long Island municipalities go lower
New York's fire code requires approval for a tent above 400 square feet. Two things about that figure matter before you rely on it. First, it is a floor: a town may require a permit sooner, and several here do, two of them at 120 square feet. Second, the code edition changed. The Department of State's own adoption notice says the 2025 Uniform Code repealed the 2020 edition, that the effective date of the 2025 Uniform Code is December 31, 2025, and that from that date permit applications must comply with it. Section numbers moved between editions, so a page quoting a 2020 section number is quoting a repealed edition.
We could not read the code text at the authority. It is published on the International Code Council platform, which returns a page with no code text to us and marks the section as requiring an account. So the wording below is quoted from two municipal reprints, named as reprints rather than as the authority, and they agree on the 400 square foot figure while differing in wording.
“FCNYS 3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official.” as reprinted by the Nassau County Fire Marshal and by the Town of Brighton Fire Marshal
What follows is each municipality's own rule, which is the one your rental company will be asked for.
Every town and city, with the figure each one publishes
Tent permit rules for the thirteen Long Island towns and two cities, read from each municipality's own code or its own application form on 27 September 2026. Source label: first party.| Municipality | Permit needed for | How long a tent may stand | Fee as published | Who issues it |
|---|
| City of Glen Cove | 120 square feet | 180 days | $125.00 per tent | Building Department |
| Town of Smithtown | more than 120 square feet | up to four months for a community facility use | $300 | Chief Building Inspector |
| Town of Babylon | 120 square feet residential, 200 commercial | not published | $150 | Fire Marshal |
| Town of Islip | more than 200 square feet residential, 400 elsewhere | 72 hours in a residential district | $75 in the code, $100 on the form, $300 commercial | Fire Marshal |
| Town of Huntington | more than 200 square feet, or 400 for a canopy | not published for tents | $125.00 | Fire Marshal |
| Town of Brookhaven | more than 400 square feet | 10 days without Planning Department approval | $225.00 to $336.00 by size | Fire Marshal |
| Town of East Hampton | any temporary tent, with three listed exemptions | less than two weeks | no charge under 200 square feet, then $45.00 upward | Fire Marshal |
| Town of Southold | any tent, unless the property is a single family dwelling | maximum 30 days | $100 per tent | Building Department in the code, Fire Marshal on the form |
| Town of North Hempstead | not published as a size | 15 days, extendable by 15 | $500.00 residential, $750.00 commercial | Commissioner of Buildings |
| Town of Southampton | not published as a size | not published | no charge under 200 square feet, then $100.00 upward | Fire Marshal |
| Town of Riverhead | not published as a size | 180 days in a 12 month period | $181.00 to $258.00, commercial and industrial only | Fire Marshal |
| Town of Shelter Island | not published | not published | two Town documents disagree | Building Department |
| Town of Hempstead | not published as a size | not published for tents | no tent line item; the general building permit fee applies | Building Department |
| Town of Oyster Bay | not published as a size | not published for tents | no tent line item; the general building permit fee applies | Building Division |
| City of Long Beach | City permit for any tent; 200 square feet is the County figure it cites | not published | no tent line item published | City Clerk or Building Department |
Six of the fifteen publish no size at all. That is not the same as no permit. Hempstead, North Hempstead and Oyster Bay each treat a tent as a structure that needs a building permit at any size. Southold asks for a permit on any property that is not a single family dwelling. East Hampton asks for one on any temporary tent, with three listed exemptions. Southampton requires a Fire Marshal permit to erect a tent, without stating a threshold. The blank cells say not published because we would otherwise be inventing a number.
Islip gives a backyard wedding 72 hours, and it is in the code, not a handout
This is the strictest duration rule we found anywhere on Long Island, and it catches the classic parents' garden wedding: the tent, the setup and the takedown all have to fit inside three days.
“No tent(s) or canopy(ies) for which a permit is required shall be erected or maintained in any residential use district for a period of time in excess of 72 hours.” Code of the Town of Islip § 68-433C
In a commercial district Islip allows 30 days for a retail use and 180 days for a restaurant use. Its own application also asks for filing at least 14 days before the event.
Two towns require a permit at 120 square feet, which is smaller than most dance floors
Smithtown's threshold is in its code and is not tied to a wedding at all.
“No tent covering an area of more than 120 square feet shall be erected, maintained, operated or used except with a permit from the Chief Building Inspector of the Town of Smithtown.” Code of the Town of Smithtown § 273-1A
Glen Cove publishes the same 120 square foot figure on its tent permit application, at $125.00 per tent, on a form we could read only as a scan, so we are describing it rather than quoting it. Huntington requires a permit above 200 square feet for a tent and 400 for a canopy, at $125.00 (Code of the Town of Huntington § 111-77). Brookhaven stays at the state's 400 square feet and prices by size, $225.00 from 401 to 1,000 square feet and $336.00 from 1,001 to 2,000, on its 2026 Fire Marshal fee schedule (Town of Brookhaven Code § 30-193).
In Nassau you need two permits. In Suffolk, usually one
Nassau County's own fire prevention ordinance sets a threshold below the state's and applies on top of the town, city or village permit.
“14.8.1 A tent permit shall be secured prior to the erection and/or use of a tent or membrane structure having an area greater than two hundred (200) square feet or for any canopy having an area greater than four hundred (400) square feet.” Nassau County Fire Prevention Ordinance § 14.8.1
Nassau's own fee schedule prints $60 above 200 square feet, $110 above 400, and $150 for any tent with cooking. One caveat we will not paper over: the ordinance PDF the County publishes is titled 2023 and carries a draft watermark, so check the figure with the Fire Marshal's office before you budget it.
Suffolk County is different in kind. Its Fire Marshal publishes a tent permit requirement at the same 200 and 400 square foot figures, but in the context of events on County property. We found no Suffolk County ordinance reaching private land, and no County fee at all.
“1. All tents having an area in excess of 200 square feet and all canopies in excess of 400 square feet require a Tent Permit Application to be filed with the Suffolk County Fire Marshals Office.” Suffolk County Fire Marshal
So for a Suffolk backyard or vineyard, the town permit is normally the whole story. For a Nassau one, budget for two.
Where a town's own documents disagree, both figures are here
This happens more often than it should, and averaging them would invent a number that no office published.
- Islip, the residential fee. $75 in Code § 68-436 and $100 on the current application form. Commercial is $300 in both.
- Glen Cove, the county threshold. The City's form puts the Nassau County Fire Marshal trigger at tents exceeding 1,200 square feet. The County ordinance sets it above 200, and the City of Long Beach code cites the County figure as 200.
- Shelter Island, the fee bands. The application says $150.00 per tent up to 1,000 square feet plus a $50.00 certificate fee. The 2022 Building Department fee sheet attaches that $150.00 to tents up to 100 square feet.
- Southold, the issuing office. The code names the Building Department. The application comes from the Fire Marshal.
- East Hampton, the small tent. The fee schedule charges nothing under 200 square feet, while § 141-9D(21)(c) exempts tents up to 700 square feet from the permit requirement altogether on one family dwelling premises.
Ask the issuing office which document governs, and get the answer in an email.
On the East End a wedding is exempt in Southampton and is not in East Hampton
Both towns run a special event permit alongside the tent permit, and they treat a wedding in opposite ways. Southampton exempts one.
“A wedding of a property owner, a member of the property owner's family, or a tenant legally occupying the property pursuant to a written lease agreement establishing tenancy for not less than six consecutive months, provided such tenancy is permitted by the certificate of occupancy and/or a permit issued under Chapter 270 of the Town Code;” Southampton Town Code § 283-2A(3)(c)
East Hampton does the reverse. Its Chapter 151 defines an assembly to include weddings, requires a residential special event permit for an assembly of 50 people or more on residential property, and does not list a wedding among its exemptions. Its fees come from Resolution 2026-140, effective 8 January 2026. A residential event for a Town resident carries no application or permit fee, a non resident pays $150 plus $250, and a commercial event on commercial property is $200 plus $250 per day.
East Hampton also effectively bars a tent on the beach.
“Unless utilized as part of an event held by valid charitable organizations as defined herein, the installation of tents, other than those necessary for food service under Suffolk County Department of Health Services regulations, shall not be permitted.” East Hampton Town Code § 151-3C(1)(a)
Filing windows matter as much as fees out here: Southampton requires a special event application at least 90 days before the event. Our related reading: the rules for a Hamptons private estate wedding, the East Hampton beach wedding permit, and when outdoor music has to stop, town by town.
Eight questions for the tent rental company, before the deposit
- Which permit are you pulling, the town one, the county one, or both?
- Is the permit fee inside your price or billed on at cost?
- What is the total square footage you are quoting, counting tents within 12 feet of each other as one?
- How many hours before the ceremony do you set up, and does that fit the duration limit here?
- Who files the site plan, and does this tent size need a stamped engineer's drawing?
- Is there cooking under any tent, and does that change the county permit?
- What is the late filing fee if the date moves?
- Who pays if the inspector fails the tent on the day?
What we could not read, and where we stopped
The state code text sits behind an account on the publisher's platform, so the state wording here is from two municipal reprints. Glen Cove's tent application is a scanned image with no text layer, so we describe it rather than quote it. Long Beach publishes no tent fee figure at all, and its Building Department page says to telephone for prices, so we print none. Two North Hempstead document paths return a missing page today, and the same tent requirements sheet was read on a Town program domain instead. Riverhead's fee schedule covers commercial and industrial properties only, so a Riverhead residential tent fee is not published.
Every figure above was read on 27 September 2026 on the municipality's own site, its own code volume or its own form. Codes and fee schedules change, and a permit clerk outranks us. All Long Island wedding guides.
Sources: each municipality's own code or application form, linked in the table above · NYS Department of State, 2025 Uniform Code adoption notice · Nassau County Fire Prevention Ordinance, Article XIV · Suffolk County Fire Marshal, tents and canopies · Southampton Town Code Ch. 283 · East Hampton Town Code Ch. 151
Read on 27 September 2026. Nothing here is legal advice; confirm with the issuing office before you sign a tent contract.
Short answers, with the source for each
Do I need a permit for a tent in my parents' backyard on Long Island?
In most towns yes, and the size that triggers it varies. Smithtown and Glen Cove require one above 120 square feet, Islip and Huntington above 200, Brookhaven above 400, and Southold, East Hampton, Hempstead, North Hempstead and Oyster Bay effectively require one for any tent. In Nassau County a county Fire Marshal permit is required on top of the local one above 200 square feet.
How long can a wedding tent stay up?
Islip caps a tent in a residential district at 72 hours. East Hampton allows less than two weeks before a building permit is needed instead. North Hempstead allows 15 days with one 15 day extension, Southold a maximum of 30 days, Brookhaven 10 days without Planning Department approval, and Riverhead 180 days in a 12 month period.
What does a tent permit cost on Long Island?
Published figures run from no charge under 200 square feet in East Hampton and Southampton to $500.00 residential in North Hempstead. Glen Cove and Huntington publish $125.00, Babylon $150, Smithtown and Islip $300 commercial, Southold $100 per tent. Long Beach, Hempstead and Oyster Bay publish no tent fee line at all.
Does Nassau County need a separate tent permit?
Yes. Nassau County Fire Prevention Ordinance section 14.8.1 requires a county permit for a tent above 200 square feet or a canopy above 400, in addition to the town, city or village permit. Suffolk County publishes the same figures only for events on County property.
Is a family wedding exempt from a special event permit in the Hamptons?
In Southampton a wedding of the property owner, a family member or a long term tenant is exempted by section 283-2A(3)(c). In East Hampton it is not: Chapter 151 defines an assembly to include weddings and the exemption list does not cover them.
