Bolthole Index

Kent County, Delaware

Building permits, zoning and land rules in Town of Smyrna, Delaware

Town of Smyrna, Delaware requires building permits for new buildings and most modifications to existing buildings.1 Smyrna administers its own zoning; for land outside town limits, see the Kent County guide.23 DNREC handles septic approval where septic is applicable, but Smyrna requires water and sewer connections when the applicable town mains become available to abutting property.45

At a glance

Building permits
Town approval required for new buildings and most building modifications1
Zoning
Town zoning and an official zoning map; requirements depend on district67
Septic permits
DNREC approval where septic is applicable; available town sewer can require connection85
Small accessory homes
R-1 ADUs are conditional uses, with a 300–800 square-foot size range9
Private wells
State permits and a town letter of no objection; town water service restricts private wells10
Driveway permits
Town permits required for new or modified sidewalks and driveways11
Owner electrical work
Conditional state homeowner-permit program for owner-occupants of single-family dwellings12

Who to call

Building permits

Town of Smyrna Building & Inspections

Town building permit applications, permit searches and construction inspections

302-653-3486

Online permits →

Planning & zoning

Town of Smyrna Planning & Zoning

Town zoning review, district use and bulk standards, and development applications

302-653-3486

220 Artisan Drive

Septic permits

Delaware DNREC Residential Services Section — Septic Systems

Site evaluation, design and installation approval for onsite wastewater systems

302-739-9947

Contact details are copied from each office’s official page and were checked against it on October 10, 2026.

Off-grid gear

Going off-grid in Town of Smyrna means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in Town of Smyrna, DE?

Smyrna requires a building permit for new building construction and most modifications to existing buildings, including additions and structural renovations or repairs.1 The town also lists garages, pole barns, sheds, gazebos, fences, pools and hot tubs among work requiring approval, so a small outbuilding is not automatically exempt.1 Smyrna requires permits for plumbing, HVAC, sidewalks and driveways as well.111 Some work can proceed without a building permit; ask Building & Inspections about the specific project before construction begins.1

Who issues building permits in Town of Smyrna, and how do you apply?

Town of Smyrna Building & Inspections is the building-permit contact at 302-653-3486, and the town provides an online portal for applications and permit searches.13 Smyrna Planning & Zoning first reviews each building and sign permit application for zoning compliance.7 The town publishes a building and inspection fee schedule; the certificate of occupancy fee is $40, payable when the building permit is issued for living units and commercial structures.14 Ask the town for the building-permit charge for your project rather than treating the certificate fee as the whole construction cost.14

Does Town of Smyrna have zoning, lot-size and setback rules?

Smyrna has its own zoning districts, including Agricultural district A and Residential district R-1, and the town planning officer administers the official zoning map.6 Smyrna Planning & Zoning identifies permitted uses and restrictions through the zoning code’s district and supplemental regulations.7 Ask Planning & Zoning at 302-653-3486 to identify the parcel’s district and confirm the applicable lot-size and setback standards before laying out a house or accessory structure.7 In R-1, attached accessory dwelling units must meet the underlying setback and bulk standards, and ADUs require conditional-use approval.9

How do septic permits and water connections work inside Town of Smyrna?

For Smyrna property abutting a street, alley or way containing the applicable town water or sewer main, connection is required within 90 days after that main becomes available.5 Private wells and private sewage facilities must be disconnected, sealed and abandoned under the applicable state rules.5 Where septic is applicable, DNREC approval starts with a site evaluation by a licensed Class D soil scientist, followed by system design and a septic permit; licensed Class E contractors install the system.158 Gravity systems use a Class B designer, while engineered or pressure-dosed systems use a Class C designer.8 Confirm sewer availability before paying for septic design: a state septic permit does not remove Smyrna’s connection obligation.85

Can you live in an RV or tiny home in Town of Smyrna?

We could not confirm whether Smyrna permits RV living on a private parcel; ask Planning & Zoning to review the proposed use and location before relying on an RV as housing.7 Smyrna prohibits camping and overnight stays at Lake Como recreational areas, but that rule does not establish the answer for private land.16 We also could not confirm a specific tiny-home occupancy rule; ask Planning & Zoning about the proposed dwelling type and district.7 Smyrna does provide a conditional-use route for R-1 accessory dwelling units of 300–800 square feet, with full-time owner residence in the primary home or ADU and annual rental licensing and inspection.9 An ADU in an accessory structure is limited to a structure built on or before July 1, 2022; the ADU size range is not a general minimum size for every house.9

What are the steps for building a home in Town of Smyrna?

  1. Ask Smyrna Planning & Zoning to confirm the parcel’s district, proposed use and zoning compliance before applying for a building permit.7
  2. Resolve town water and sewer connection obligations; where septic is applicable, arrange DNREC site evaluation, design and septic permitting.58
  3. Apply to Smyrna Building & Inspections through the town’s permit portal.13
  4. Before scheduling framing inspection, make the building weathertight, complete air sealing, and obtain approved rough plumbing and electrical inspections.17
  5. Before scheduling final inspection, complete approved energy testing, Kent Conservation District approval, and final plumbing and electrical inspections.17

What should you check before buying land in Town of Smyrna?

Ask Smyrna about public water availability before budgeting for a private well: town-connected property, or property required to connect, generally cannot have a private well.10 The exception is solely agricultural or irrigation wells on property larger than 5 acres for non-potable agricultural or horticultural business use; state permits and a town letter of no objection are still required.10 A new or modified driveway needs town approval, and an entrance under DelDOT jurisdiction also requires a DelDOT entrance permit before construction or modification.1118 In a participating community’s mapped Special Flood Hazard Area, development requires local floodplain approval; ask Smyrna to identify the administrator for the parcel.19 We could not confirm a general Smyrna owner-builder exemption; Delaware’s conditional homeowner electrical permit is specific to qualifying owner-occupants and electrical work.1312

Watch-outs

  • Smyrna’s 90-day water and sewer connection requirements can rule out continued use of private systems when the applicable main becomes available to abutting property.5
  • Smyrna’s Agricultural zoning district does not establish a general building-permit exemption; ask Building & Inspections about a proposed barn or farm structure.61
  • A Smyrna short-term rental must be the owner’s primary residence, and the owner must be a permanent town resident; a rental license is required before leasing or occupancy.20

Sources

  1. Permits & Applications (Town of Smyrna), quoted and re-checked
  2. Appendix A - Zoning, Section 7 - Planning administration, development review and enforcement (Town of Smyrna), quoted and re-checked
  3. Planning Services (2026 county census)
  4. Septic Systems (Town of Smyrna), quoted and re-checked
  5. Ordinance 001-16 - Water and sewer connection obligations (Town of Smyrna), quoted and re-checked
  6. Appendix A - Zoning, Section 5 - District regulations (Town of Smyrna), quoted and re-checked
  7. Town of Smyrna Planning & Zoning (smyrna.delaware.gov)
  8. Septic Systems (Town of Smyrna), quoted and re-checked
  9. Appendix A - Zoning, Section 5 - District regulations (Town of Smyrna), quoted and re-checked
  10. Well Permits (Town of Smyrna), quoted and re-checked
  11. Permits & Applications (Town of Smyrna), quoted and re-checked
  12. Homeowner Permit (Delaware statewide rule), quoted and re-checked
  13. Town of Smyrna Building & Inspections (smyrna.delaware.gov)
  14. 2026 Town of Smyrna Fee Schedule (Town of Smyrna), quoted and re-checked
  15. Delaware DNREC Residential Services Section — Septic Systems (dnrec.delaware.gov)
  16. library.municode.com (Town of Smyrna), quoted and re-checked
  17. Permits & Applications (Town of Smyrna), quoted and re-checked
  18. Entrance Permit System - Frequently Asked Questions (Delaware statewide rule), quoted and re-checked
  19. Floodplain Management (Delaware statewide rule), quoted and re-checked
  20. Chapter 18, Article XI - Rental properties (Town of Smyrna), quoted and re-checked

Written October 10, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Answers from the rulebook for Town of Smyrna

Town of Smyrna’s own rules

  • Building permitRequired

    New building construction and most modifications to existing buildings inside Smyrna town limits.

    • The town states that some things may be constructed without a building permit and directs applicants to call Building and Inspections to determine whether a permit is required.
    • Permits are also required for listed structures and systems, including garages, pole barns, sheds, gazebos, fences, pools, hot tubs, plumbing, HVAC, sidewalks, and driveways.
    “Any new building construction and most modifications to existing buildings.”
  • InspectionsRequired

    Permitted construction inside Smyrna town limits.

    • Before framing inspection, the project must be weathertight, air-sealed, and have approved rough plumbing and rough electrical inspections.
    • Before final inspection, energy testing, Kent Conservation District approval, final plumbing inspection, and final electrical inspection must be complete and approved.
    “Prior to scheduling a Final Inspection the following must be complete: All energy testing must be complete/approved Kent Conservation District complete/approved Final Plumbing Inspection must be complete/approved Final Electrical Inspection must be complete/approved”
  • Zoning districtsPublished

    Zoning districts and official zoning map inside Smyrna town limits.

    • Appendix A Section 5 identifies Agricultural district A and Residential district R-1, among other districts in the adopted code.
    • The official zoning map is administered and enforced by the town planning officer.
    “2. Residential district R-1. A. Declaration of legislative intent. The regulations of this district are intended to provide for a pleasant, quiet, hazard-free residential environment permitting residential and related uses.”
  • Camping on your landLimited

    Temporary camping and overnight stays inside Smyrna town limits.

    • Camping and overnight stays are prohibited at Lake Como recreational areas.
    • The reviewed material does not establish a townwide prohibition or authorization for every private parcel.
    “No camping or overnight stays of any kind are permitted at the Lake Como recreational areas.”
  • Accessory dwellingsLimited

    Accessory dwelling units in the R-1 residential district inside Smyrna town limits.

    • ADUs are conditional uses under the R-1 district.
    • An ADU must be 300 to 800 square feet.
    • An attached ADU must comply with underlying setback and bulk standards.
    • An ADU in an accessory structure is limited to an accessory structure constructed on or before July 1, 2022.
    • The lot owner must reside full time in either the primary dwelling or ADU.
    • One additional off-street parking space is required.
    • An annual rental license and inspection are required.

    minimum ADU size: >= 300 sq. ft. · maximum ADU size: <= 800 sq. ft. · accessory-structure cutoff: 2022-07-01 (post-cutoff accessory structures may not contain ADUs)

    “Accessory dwelling units, in accordance with the standards outlined in section 6.14 (Conditional uses, general guides and standards).”
  • Off-grid sanitationLimited

    Private septic or other private sanitary sewage disposal inside Smyrna town limits.

    • Private systems may not continue after a town sewer main becomes available; connection is required within 90 days.
    • Applicable Delaware DNREC septic approval requirements still apply where off-grid sanitation is otherwise allowed.

    sewer connection deadline: 90 days (after a town sewer main becomes available)

    “no private cesspool, septic tank, privy or other kind of toilet not flushed into the town sewer system shall be used thereon or therein beyond 90 days after such sewer line becomes available for connection to such land and/or building.”
  • Mandatory utility hookupWater and sewer (with conditions)

    Land or buildings inside Smyrna town limits abutting a street, alley, or way containing a town water main or town sewer main.

    • Connection is required within 90 days after the applicable main becomes available.
    • Private wells and private septic, cesspool, or other private sanitary sewage facilities must be disconnected, sealed, and abandoned under Delaware or DNREC regulations.
    • The ordinance states that all plumbing facilities must connect to the town water system and all sanitary sewage disposal facilities must connect to the town sewer system.

    connection deadline: 90 days (after the town water or sewer main becomes available for connection)

    “Where any land and/or building abuts a street, alley or way in the town in which there is a town sewer main, within 90 days of the date such town sewer main is available for connection to such land and/or building, all sanitary sewage disposal facilities shall be connected to the town sewer system and all private cesspools, septic tanks, or any other private sanitary sewage disposal facilities shall be permanently disconnected, sealed off, and abandoned in accordance with State of Delaware regulations.”
  • Subdividing landRegulated (with conditions)

    Subdivision and land development inside Smyrna town limits.

    • Appendix B - Subdivision and Land Development is administered and enforced by the town planning officer.
    • Development review includes site plans, concept plans, subdivision applications, technical advisory committee review, approvals, and expiration rules.
    “A planning officer designated by the town manager shall administer and enforce appendix A - Zoning and appendix B - Subdivision and Land Development of the town Code, including the official zoning map.”
  • Driveway accessRequired

    New or modified sidewalks and driveways inside Smyrna town limits.

    • The town requires permits for sidewalks and driveways to ensure construction follows Town of Smyrna Specifications.
    “The Town also requires permits for plumbing, heating, ventilation and air conditioning installation, and sidewalks and driveways to ensure they are constructed according to the Town of Smyrna Specifications.”
  • Short-term rentalsLimited

    Short-term rental units inside Smyrna town limits.

    • A short-term rental is a single-family detached dwelling rented for no more than 31 consecutive nights.
    • A rental license is required before leasing, subleasing, or occupancy.
    • The owner must be a permanent Smyrna resident and the unit must also be the owner's primary residence.
    • The short-term rental must comply with the town's rental, building, health, safety, and other applicable requirements.

    maximum consecutive rental nights: <= 31 nights (the code defines short-term rental as no more than 31 consecutive nights)

    “A short-term rental unit may only be rented out if the owner of the dwelling unit is a permanent resident of the Town of Smyrna and the short-term rental unit also serves as the owner's primary residence.”
  • Permit feesPublished (with conditions)

    Town building, inspection, zoning, rental, and related permits inside Smyrna town limits.

    • The 2026 fee schedule includes building permit fees, certificate of occupancy fees, rental license fees, rental inspection fees, and certificate of zoning compliance fees.
    • The schedule states that the rental license and rental inspection fees are effective January 1, 2026.

    certificate of occupancy fee: 40 USD (payable at issuance of building permit; applies to all living units and commercial structures) · rental license fee: 100 USD (effective January 1, 2026) · rental inspection fee: 75 USD (effective January 1, 2026) · certificate of zoning compliance fee: 75 USD

    “Town of Smyrna 2026 Fee Schedule Building Inspection and Permitting Fees Building Permit Fees:”

Rules another office applies inside Town of Smyrna

Town of Smyrna does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

  • Who permits septicState

    On-site wastewater systems inside Smyrna town limits where public sewer is unavailable or an approved septic system is otherwise applicable; Delaware DNREC administers the state septic approval process.

    • Systems are governed by 7 DE Admin. Code 7101.
    • The approval process includes site evaluation, system design and installation by licensed professionals.
    “On-site wastewater treatment and disposal systems are governed by Delaware’s Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems (7 DE Admin. Code 7101).”
  • Septic permitRequired

    New or replacement on-site wastewater systems inside Smyrna town limits where septic is used.

    • A site evaluation must be performed and submitted for Department approval.
    • A licensed system designer must design the system and obtain a permit.
    • Gravity systems use a Class B designer; engineered or pressure-dosed systems use a Class C designer.
    “Hire a licensed system designer to design the septic system and obtain a permit. For gravity-based systems, use a Class B designer. For engineered or pressure-dosed systems, use a Class C designer.”
  • Well permitRequired

    Private well construction and use inside Smyrna town limits.

    • DNREC issues well construction and use permits for wells withdrawing 50,000 gallons per day or less.
    • The town also requires a letter of no objection before installation.
    • Private wells are prohibited on property connected to or required to connect to the town water system, except solely agricultural or irrigation wells on properties larger than five acres for non-potable agricultural or horticultural use.

    agricultural or irrigation property threshold: > 5 acres (non-potable water for an agricultural or horticultural business)

    “Prior to the installation of any private well, all necessary permits shall be obtained from the State of Delaware and a letter of no objection shall be obtained from the Town of Smyrna.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Smyrna or Kent County directly.

  • Owner-builder exemption — Owner-built construction inside Smyrna town limits.
  • Minimum dwelling size — Ordinary residential dwellings inside Smyrna town limits.
  • Tiny homes — Tiny-home occupancy inside Smyrna town limits.
  • Agricultural exemption — Agricultural construction and land uses inside Smyrna town limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Unanswered questions are usually a sign that Town of Smyrna publishes no rule on the point, not that none exists. Kent County’s page lists the county offices to call.

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