Zoning, building permits and septic rules in Clay Township, Indiana

Rules another office applies inside Clay Township

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

• Building permitRequired

  New construction in Spencer County, including land inside Clay township, handled by the Spencer County Plan Commission & Building Inspector (no township building department found)

  • Permit required for new construction exceeding $2,000.
  • Permit also required for alteration, remodeling or repair exceeding $5,000.00, and for listed electrical, gas, HVAC and underground storage tank work.
  • Construction must start within 90 days of the permit being issued; the permit does not expire while reasonable progress is made.
  • Permits may not be issued the same day; the permit must be posted in an obvious location.

  new construction cost threshold: > 2000 USD

  “you should obtain a building permit before beginning any new construction of a building or structure the cost of which exceeds $2,000”

• Building code adoptedAdopted

  Residential construction (Class 2 structures and accessory structures) everywhere in Indiana, including land inside Clay township, Spencer County

  • Code is the 2020 Indiana Residential Code (675 IAC 14-4.4), based on the 2018 IRC with Indiana amendments.
  • Local units of government are statutorily required to enforce it (IC 36-7-2-9, as cited in the circular).

  “since that date, the 2020 indiana residential code has been in full force and effect in every location within the state of indiana.”

• Zoning districtsPublished (with conditions)

  Spencer County zoning map districts; applicability to land inside Clay township not confirmed on opened pages

  • Districts defined include Agriculture (A), R-1 single-family, R-2 multi-family, and business zones B-1, B-2, B-3 (and industrial zones on the map).
  • Applicability to unincorporated Clay township and the Schedule of Uses table itself were not opened.

  “(r-1) residential zone --- this area is preserved for the use of single family dwellings.”

• Who permits septicMixed (with conditions)

  Residential on-site sewage systems on land inside Clay township, Spencer County, IN

  • State rule 410 IAC 6-8.3 governs residential on-site sewage systems; the Spencer County Health Department administers the application and permit process.
  • Spencer County also has a county code of ordinances (adopted 9/5/2023) and a 2024 onsite sewage systems ordinance listing that was not opened.

  “permits, consultations and inspections are provided for new construction and replacement of onsite sewage disposal systems.”

• Subdividing landRegulated (with conditions)

  Land divisions in Spencer County, including land inside Clay township

  • Divisions must conform to the county subdivision ordinance except listed exempt divisions.
  • Exempt division 1 covers lots of one acre or more served by individual well or septic tank (or one-half acre if served by a municipal or regional sewer system), with at least 100 feet of road frontage on a county-maintained road and no new street.

  “shall conform to the spencer county subdivision ordinance, except for the following division, which shall be considered exempt from said ordinance”

• Driveway accessRequired

  New driveway connecting to a county road in Clay township

  • Show driveway location, road name and directions on the site plan.
  • State highway driveways require contacting the state highway department in Tell City, (812) 836-2111.

  “if constructing a new driveway off a county road, you must contact the county garage (812) 362-8331.”

• Permit feesVariable (with conditions)

  Building and improvement location permit fees for work in Spencer County, including land inside Clay township

  • Improvement location permit fee is charged in addition to building permit fees.
  • Fees are calculated when all information is turned in to the plan commission.
  • Other listed fees (e.g., additions, alterations, remodeling or repairs at $35.00 each) were not individually confirmed.

  residential swimming pool permit fee (permanent, non-portable): 60 USD (plus improvement location permit fee)

  “the permit fees will be figured when all information has been turned in to the plan commission”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Clay Township or Spencer County directly.

• Owner-builder exemption — Owner-builder exemption for permits inside Clay township
• Inspections — Building inspections for new homes inside Clay township
• Certificate of occupancy — Certificate of occupancy for a new home inside Clay township
• Local zoning — Whether Clay township (Spencer County, IN) adopts and administers its own zoning ordinance
• Minimum dwelling size — Minimum dwelling size inside Clay township (main single-family R-1 district)

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.