Zoning, building permits and septic rules in Benton Township, Kansas

Benton Township’s own rules

• Local zoningAbsent

  Land inside Benton township, Atchison County, Kansas; no township zoning ordinance applies

  • The county plan states no zoning applies in Benton township's area and that, except for overlap with the City of Atchison, there is no zoning in Atchison County; no Benton township zoning ordinance was located.
  • Benton township is listed in the plan as area 7 with the group of townships named 'areas 7, 8, 9, 10, and 11 – benton township, target area, ...'; the assignment of area 7 to Benton is read from that listing.
  • Septic, floodplain, and sanitary-code rules still apply (see those claims).

  “areas 7, 8, 9, 10, and 11 – benton township, target area, center township, non-target area, grasshopper township, non-target area, kapioma township, non-target area, walnut township, non-target area, at present there is no zoning applicable in areas 7, 8, 9, 10, or 11.”

Rules another office applies inside Benton Township

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

• Zoning districtsNot published

  Inside Benton township (unincorporated Atchison County): no zoning district map or district schedule applies

  • Applies only because the county plan states that no zoning applies in the listed areas; the City of Atchison zoning map covers only city land.

  “except for overlap with the city of atchison, kansas, there is no zoning applicable in atchison county.”

• Who permits septicCounty (with conditions)

  On-site wastewater systems inside Benton township (unincorporated Atchison County, outside incorporated cities)

  • Applies to all areas of the county except incorporated cities and premises over 10 acres used only for agricultural purposes.
  • Administered by the Atchison County health department/home health under K.S.A. 19-3703 as stated in the 1998 resolution.

  “be it further resolved, pursuant to k.s.a. 19-3703, that the administration of said environmental/sanitary codes shall be by the atchison county health department/home health.”

• Off-grid sanitationLimited

  Privies and alternative waste disposal inside Benton township (unincorporated Atchison County)

  • Privies and alternative systems are regulated by the sanitary code for location, construction, maintenance and use; they are not described as freely allowed.
  • Requirements from the 1998 resolution; current rules not verified.

  “regulating the location, construction, maintenance, and use of septic systems, alternative waste water disposal systems or privies, and the removal and disposal of materials from such facilities”

• Agricultural exemptionConditional

  Premises in Benton township (unincorporated Atchison County) over 10 acres used only for agricultural purposes

  • Exempt only from the county sanitary code (septic, water and privy rules), not from floodplain review.
  • Requires one ownership, more than 10 acres, and agricultural use only.

  minimum acreage for exemption: > 10 acres (agricultural-use-only premises under one ownership)

  “the codes shall apply to and be in effect for all areas of atchison county, kansas, except for incorporated cities, any premises under one ownership which exceeds ten (10) acres in area and which is used only for agricultural purposes”

• Subdividing landLimited

  Subdividing land inside Benton township (unincorporated Atchison County)

  • The only subdivision hook found is floodplain application review before subdividing; full county subdivision regulations were not located.

  “anyone planning to build any structure, grade, pave, place a manufactured home or long term rv, subdivide property, or store items or equipment, should complete the application and submit it for review before work begins.”

• Building in a floodplainRequired

  Structures, grading, paving, manufactured homes, long-term RVs, subdivision and storage in the county floodplain code's scope, including inside Benton township

  • Applies under the Atchison County floodplain management code (10/31/2005).
  • The county says the application is cost free; it must be submitted for review before work begins.
  • Whether a given Benton parcel lies in a mapped flood hazard area was not checked.

  “anyone planning to build any structure, grade, pave, place a manufactured home or long term rv, subdivide property, or store items or equipment, should complete the application and submit it for review before work begins.”

• Permit feesPublished (with conditions)

  Septic and well permit and license fees inside Benton township (unincorporated Atchison County); no building-permit fee found

  • Fees in the 1998 resolution are wastewater disposal system $100, private water wells $25, installer license $50, hauler license $25.
  • Floodplain application is stated to be cost free.

  wastewater disposal system fee: 100 USD · private water well fee: 25 USD

  “be it further resolved, that the fees to be charged in the administration of said codes and for the filing of applications for permits and licenses shall be as follows: wastewater disposal system, $100; private water wells, $25; wastewater installer license, $50; wastewater hauler license, $25;”

• Permit processPartial

  Floodplain and septic/well permit steps inside Benton township (unincorporated Atchison County)

  • Floodplain application is submitted for county review before work begins; questions go to (913) 804-6010.
  • Septic and well applications are filed with the county health department; no full step-by-step process was located.

  “questions can be answered by calling (913) 804-6010.”

Still unanswered

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

• Building permit — General building permit inside Benton township (unincorporated Atchison County)
• Owner-builder exemption — Owner-builder exemption inside Benton township (unincorporated Atchison County)
• Building code adopted — Building code adoption inside Benton township (unincorporated Atchison County)
• Inspections — Building inspection inside Benton township (unincorporated Atchison County)
• Certificate of occupancy — Certificate of occupancy inside Benton township (unincorporated Atchison County)

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.