Description
Article 2 of the Village Law governs the creation of new villages in New York State. In 2023, Article 2 was amended to create the Village Incorporation Commission within the Department of State to receive and review petitions for village incorporation. Department of State (DOS) is required to provide incorporation documents, including notices of decisions of the Village Incorporation Commission on DOS’s public-facing website. This page contains links to guidance, notices, and other incorporation documents.
Statutory Language – Village Law, Article 2, Section 2-260
The Village Incorporation Commission is empowered to accept village incorporation petitions, hold public hearings related to those petitions, evaluate the petitions for compliance with Article 2 of the Village Law, and decide whether an election to incorporate the proposed village can be held.
Member Qualifications
The Village Incorporation Commission is comprised of 3 members: one appointee of the Secretary of State, one appointee of the State Comptroller, and one appointee of the Attorney General. The Commissioners must meet the relevant qualifications required of civil officeholders in Public Officers Law Article 2.
Members
Village Incorporation Commission Members:
| Member | County | Experience | |
|---|---|---|---|
| Secretary of State Appointee (Chairperson) | Robert Megna | Albany | President, Rockefeller Institute of Government |
| Comptroller Appointee | Elliott Auerbach | Ulster County | Retired Deputy State Comptroller |
| Attorney General Appointee | TBD |
Incorporation Documents
No documents to show at this time.
Meeting Minutes
No meeting minutes at this time.
Public Information
Village Incorporation Commission Contact Information
Mailing Address:
Village Incorporation Commission
c/o NYS Department of State
One Commerce Plaza
99 Washington Ave., Suite 1100
Albany, NY 12231-0001
Email Address:
Phone Number:
Frequently Asked Questions
General
Q: How are villages created in New York State?
A: The village incorporation process set forth in Article 2 of New York State Village Law (the “Village Law”) must be followed to create most villages in New York State.
Q: Who can create a village in New York State?
A: At least 20% of residents qualified to vote for town officers in an eligible territory proposed for incorporation must sign a petition to create a new village. Article 2 of the Village Law refers to this group of people as the “petitioners.” Please see Village Law § 2-202 for more information.
Q: Are there territorial limits or restrictions for the area of a proposed new village?
A: Yes, any land proposed for a new village must not already be part of a city or village. In addition, the territory may not be more than five square miles but may have boundaries that match those of a town, a district (i.e., school district, fire district, fire protection district, fire alarm district, town special district, or town improvement district), or are coterminous with parts of the boundaries of more than one such district if all of the district is wholly contained within the territory of the proposed new village and within one town. Please see Village Law § 2-200 (1) for more information.
Petition Requirements
Q: How is the village incorporation process started?
A: The village incorporation process is started when a complete, original petition is filed with the Village Incorporation Commission. A village incorporation petition is a written document with the original signatures of at least 20% of eligible voters residing within the area proposed as a new village that has been authenticated together with the statutory study, exhibits, certifications, filing fee, and deposit required under Village Law § 2-202.
Q: What designation must be made when filing a petition with the Commission?
A: The petitioners are required to designate at least one and no more than three persons to receive all papers required to be served in connection with the village incorporation process. The majority of these designees must be residents of the proposed new village. Please see Village Law § 2-202 for more information.
Q: What is the population requirement for creating a new village?
A: The territory proposed for a new village must contain at least 1,500 regular inhabitants. A completed village incorporation petition must include a list of the names and addresses of the regular inhabitants of the proposed village. Please see Village Law § 2-200 for more information.
Q: Who are “regular inhabitants”?
A: The term “regular inhabitants” includes all persons residing in the territory of the proposed village except for those who maintain a residence outside of such territory for purposes of voting or are under eighteen years old and residing with persons who maintain a residence outside the territory for purposes of voting. Please see Village Law § 2-200 for more information.
Q: Who can sign a village incorporation petition?
A: Any resident qualified to vote for town officers in a town in which all or part of the proposed village is located may sign the petition. Each signer must be familiar with the contents and purpose of the petition and the boundaries of the territory sought to be incorporated. Please see Village Law § 2-202 for more information.
Q: How is the identity of petition signers verified?
A: Each signature page attached to the petition must include a statement that each signer is familiar with the contents and purpose of the petition and the boundaries of the territory sought to be incorporated. The petition must include each signer’s address and be signed in the presence of a witness who knows the signer. Please see Village Law § 2-202 for more information.
Q: Where must a completed village incorporation petition be filed?
A: A completed village incorporation petition including the study, exhibits, certifications, filing fee, and deposit must be filed with the Village Incorporation Commission by hand delivery or mail to the following address:
Village Incorporation Commission
New York Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Q: How much does it cost to submit a village incorporation petition?
A: Along with a petition, a deposit of $6,000 and a filing fee of $250 must be submitted to the Department of State. The deposit will be used to pay the cost of posting, publishing, and serving required notices, stenographic services, and services of inspectors of election. The petitioners must also pay for all costs associated with the study required to be completed and attached to each petition. Please see Village Law § 2-202 and Executive Law § 96 for more information.
Village Incorporation Commission
Q: What is the Village Incorporation Commission?
A: The Village Incorporation Commission (“Commission”) was recently created by the New York State legislature as a body of three members appointed to facilitate the village incorporation process in accordance with Village Law Article 2. The Commission is comprised of one appointee of the Secretary of State, one appointee of the State Comptroller, and one appointee of the Attorney General. Please see Village Law § 2-260 for more information.
Q: What is the role of the Village Incorporation Commission?
A: The primary role of the Commission is to decide whether an election will be held to determine if village will be created in New York State. In discharging this primary role, the Commission holds a public hearing on a complete petition to whether a village incorporation petition should proceed to an election (i.e., a referendum vote of the eligible voters residing within the area proposed as a new village). The Commission’s duties are described in more detail in Village Law § 2-260.
Q: Does the Village Incorporation Commission hold public hearings on incorporation petitions?
A: Yes, the Commission is required to hold at least one public hearing on a village incorporation petition. This public hearing is held within the territory proposed as the new village. At the hearing, the Commission will hear potential objections from those qualified to vote for town officers in the towns in which all or part of the proposed village territory is located. Please see Village Law § 2-204 and Village Law § 2-206 for more information.
Study Requirement
Q: Are petitioners required to submit a study with a village incorporation petition?
A: Yes. Petitioners must submit a study of the proposed village and surrounding town or towns. The study is a document that analyzes certain impacts that the creation of a new village would have on the proposed village territory and the surrounding towns. Please see Village Law § 2-200 (c)(3).
Q: What must be included in the study of the proposed village and surrounding town or towns?
A: The study must contain two parts. The first part is a fiscal, service, and taxation assessment of the proposed village that includes a property inventory, tax information, revenue information, estimated costs of operations, and anticipated municipal services. The second part is an impact assessment and study of the surrounding town or towns that must include revenue and expenditures, the fiscal impact, the economic impact, and the land use impact. Please see Village Law § 2-202 for more information.
Q: Who conducts the study?
A: The study is conducted by a third-party preparer jointly selected by the petitioners and the supervisor(s) of the town(s) in which the proposed village will be located. If a third-party preparer cannot be agreed upon by the petitioners and the town supervisors, the parties may ask the Village Incorporation Commission to choose the third-party preparer from a list provided to the Commission by the petitioners and the town supervisors. Please see Village Law § 2-202 and Village Law § 2-260 for more information.
Q: Who pays for the study?
A: The study must be paid for by the petitioners except in cases where a legislative appropriation has been provided to pay for the study. The Commission is not authorized to fund or reimburse the costs of any such study. Please see Village Law § 2-202 for more information.
Incorporation Election
Q: What is a village incorporation election?
A: A village incorporation election is a referendum held to determine whether a new village proposed in a village incorporation petition should be created. All persons qualified to vote for town officers residing within the area of the proposed village may vote in the election. Please see Village Law §§ 2-212 to 2-220 for more information.
Q: When is the election held?
A: The election is held after the Village Incorporation Commission approves a petition. Please see Village Law §§ 2-212 to 2-220 for more information.
Q: Where is a village incorporation election held?
A: A village incorporation election is held within the area of a proposed new village in accordance with the provisions of the Village Law and the Election Law. Please see Village Law § 2-214 for more information.
Q: What is a notice of election?
A: A notice of election is a public notice that a village incorporation election shall be held at a specified time and place. The notice will be posted at the direction of the Commission by the clerks of the involved towns twenty to thirty days before the election. Please see Village Law § 2-214 for more information.
Q: Who can vote in a village incorporation election?
A: All residents of the territory proposed to be incorporated who are qualified to vote for town officers may vote in the village incorporation election. Please see Village Law §§ 2-216 to 2-220 for more information.
Q: Who conducts the village incorporation election?
A: The village incorporation election is conducted by a board of inspectors of election consisting of the town clerk and town supervisor of each town in which a portion of the proposed village is located. The town board of each such town will also designate four alternate members of the board of inspectors of election who are qualified voters of the proposed village to substitute for any of the original board of inspectors of election members who are unable to attend the time and place fixed for the election. Please see Village Law § 2-220 for more information.
Q: What is a village incorporation report?
A: A village incorporation report is a document prepared by the town clerk with whom the original certificate of election was filed, where a majority of votes cast were cast for incorporation of a new village. The report notifies state and local authorities that a new village has been created. The report includes a copy of the certificate of election, a statement that the time to institute a proceeding to review the election has expired, an outline map of metes and bounds description of the new village, and a statement of the population of the new village as it appears by the exhibit attached to the petition for incorporation. Please see Village Law § 2-232 for more information.