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

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.

• Building code adoptedAdopted

  Construction inside Benton township on unincorporated land (outside City of Benton limits), under the Butler County Building Code 2016

  • Adopted by the Butler County Board of Commissioners by resolution 16-06 on 23 February 2016 per the code's cover text.
  • The code's Article 1 says the building, electrical, mechanical and plumbing permit fees are set by a 1999 resolution (99-02), so the fee schedule may have been amended; not verified here.
  • Applies to unincorporated territory; the City of Benton's own code applies within city limits and was not checked in this run.

  “butler county building code 2016 as adopted by the butler county board of commissioners by resolution 16-06 on the 23rd of february, 2016”

• Zoning districtsPublished

  County zoning districts (including AG-40, AG-80 and Rural Residential) that apply to unincorporated land inside Benton township

  • The county zoning regulations apply to all unincorporated territory in Butler County; land inside City of Benton limits is not covered.
  • The district maps are part of the regulations; which district covers a given Benton township parcel was not determined.

  “these regulations shall apply to all unincorporated territory within butler county, kansas.”

• Minimum lot sizeDistrict specific (with conditions)

  Rural Residential (RR) district lots inside Benton township on unincorporated land

  • Minimum applies with an alternative waste treatment or septic system and service supplied by public water.
  • Minimum is 5 acres if a lagoon is proposed.
  • Maximum lot size is 10 acres.
  • The page is the county Planning and Development district standards sheet; its adoption date is not stated in the captured text, so the current version should be confirmed.

  minimum lot size (septic or alternative system, public water service): >= 3 acres (with the use of an alternative waste treatment system or septic system and service supplied by public water) · minimum lot size (lagoon proposed): >= 5 acres (if a lagoon is proposed) · maximum lot size: <= 10 acres

  “rural residential-rr-article 8 minimum lot size is 3 acres with the use of an alternative waste treatment system or septic system and service supplied by public water. minimum lot size is 5 acres if a lagoon is proposed. maximum lot size is 10 acres.”

  One more reviewed finding on this topic

  • District specific (with conditions) — AG-40 and AG-80 zoned tracts inside Benton township on unincorporated land

    “tracts with at least 40 acres located in the ag-40 district and tracts with at least 80 acres located in ag-80 district are required to have a minimum acreage that is equivalent to a quarter of a quarter section or a half of a quarter section respectively.”

• SetbacksDistrict specific (with conditions)

  AG-40 and AG-80 zoned lots with residential dwellings inside Benton township on unincorporated land

  • Setbacks are measured from property lines.
  • Agricultural structures are not exempt from the front yard setback.
  • Under K.S.A. 12-758(b), agricultural structures are not subject to the side and rear setbacks (see agricultural_exemption claim).
  • Non-residential accessory structures: 25 feet from side property line; 25 feet from rear property line.

  front setback for residential dwelling: 75 feet · side setback for residential dwelling: 50 feet · rear setback for residential dwelling: 50 feet

  “ag-40 and ag-80-setbacks as measured from property lines. 75 feet from the front property line for any residential dwelling. structures used for agricultural purposes are not exempt from front yard setback requirements. 50 feet from the side and rear property lines for any residential dwelling.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Rural Residential (RR) district lots inside Benton township on unincorporated land

    “rural residential-setbacks as measured from property lines and easements: 75 feet from front property line. 50 feet from side and rear property lines for any residential dwelling. 25 feet from side or rear property lines for any non-residential accessory structure.”

• Who permits septicCounty (with conditions)

  Onsite sewage (septic) systems on land inside Benton township on unincorporated land, outside City of Benton limits

  • Tank capacity is set by the county environmental sanitarian.
  • Septic tanks must be pre-approved by the Kansas Department of Health and Environment, Division of Water Quality.
  • Installers must be licensed and registered with the county Division of Environment.

  minimum separation from water wells, ponds and streams: >= 50 feet · minimum separation from property lines, public water lines and buildings: >= 25 feet

  “all sewage systems must be installed by a licensed installer registered by the division of environment.”

• Agricultural exemptionConditional

  Structures used for agricultural purposes on AG-40 and AG-80 land inside Benton township on unincorporated land

  • Exempt only from side and rear yard setbacks, under K.S.A. 12-758(b).
  • Not exempt from the front yard setback.

  “per k.s.a.12-758(b) structures used for agricultural purposes are not subject to the side and rear yard setback requirements.”

• Permit feesPublished

  Building, electrical, mechanical and plumbing permit fees for construction inside Benton township on unincorporated land

  • Fees are set by reference to resolution 99-02 (table 1-a of the 1997 Uniform Building Code, adopted 11 January 1999), as cited in the 2016 code.
  • The fee table is in the code's Article 1; a later schedule may exist and was not checked.

  “building, electrical, mechanical, plumbing code permit fees are set forth by resolution 99-02 that being table 1-a of the 1997 uniform building code, adopted 11th january, 1999 by the board of county commissioners”

Still unanswered

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

• Building permit — Whether a building permit is required for new residential construction inside Benton township on unincorporated land
• Owner-builder exemption — Owner-builder exemption from licensing or permit rules for building a home inside Benton township
• Inspections — Building inspections for new construction inside Benton township on unincorporated land
• Certificate of occupancy — Certificate of occupancy for a new home inside Benton township on unincorporated land
• Local zoning — Whether Benton township itself adopts and administers a zoning ordinance for land inside Benton township outside the City of Benton

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.