Zoning, building permits and septic rules in Middle Creek Township, Kansas

Rules another office applies inside Middle Creek Township

Middle Creek 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

  Construction and alteration work in Miami County building-permit jurisdiction, including Middle Creek township; the FAQ does not state whether a city's permit system governs incorporated land

  • Routine maintenance and minor repair are excluded.
  • Confirm the county's building permit jurisdiction for the specific parcel; the FAQ directs questions to 913-294-4145.

  “virtually any work outside of routine maintenance or minor repair requires a permit before the work is started”

• Local zoningPresent (with conditions)

  Land in unincorporated Miami County, Kansas, which the county's zoning regulations cover; applied here to land inside Middle Creek township outside any incorporated city (the township's own zoning was not found). The county, not the township, administers this zoning.

  • Covers only the unincorporated territory; land inside a city's limits is governed by that city's land development ordinance instead.
  • The county's zoning regulations PDF is undated; its current version was not confirmed.
  • Confirm with the Miami County Planning and Development Department (913-294-9553) whether a given parcel is in the unincorporated territory.

  “the unincorporated territory of miami county, kansas, subject to these regulations, shall be divided into the nine districts established in section 3-1.01”

• Zoning districtsPublished

  Zoning districts for unincorporated Miami County, Kansas, including land inside Middle Creek township outside any city

  • Nine districts: planned development (pd), rural residential (r-1), countryside (cs), agricultural (ag), low intensity commercial (c-1), commercial (c-2), business park (bp), light industrial (i-1), heavy industrial (i-2).
  • District map is kept on file with the county clerk and is incorporated by reference.

  zoning district count: 9 districts

  “there shall be nine zoning districts known as:”

• Minimum dwelling sizeSpecified

  New residences built under Miami County building permits, including such construction inside Middle Creek township

  • Stated in the county's residential construction FAQ, not in the zoning text; the FAQ does not state an exception.
  • Applies to residences; accessory structures are not addressed in this excerpt.

  minimum residence size: >= 950 square feet

  “q. what is the minimum size residence allowed in miami county? a. 950 square feet”

• Minimum lot sizeDistrict specific (with conditions)

  Countryside (cs) district in unincorporated Miami County, Kansas, including such land inside Middle Creek township, under standard subdivisions

  • Conservation subdivisions are approved only by the planning commission through preliminary and final plat and use a different lot standard.
  • Every dwelling must be on a lot with frontage on a dedicated public street meeting county access requirements.
  • Figure applies to lots created under the zoning regulations in force; the FAQ notes that lot legality is checked against the rules in place when the lot was created.

  minimum gross lot area (standard subdivision): >= 15 acres (conservation subdivisions follow a separate standard)

  “a. standard subdivisions: with an overall density of one (1) dwelling per fifteen (15) acres of gross land area, including any rights-of-way, an individual lot shall maintain a minimum gross lot area of fifteen (15) acres.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Agricultural (ag) district in unincorporated Miami County, Kansas, including such land inside Middle Creek township, under standard subdivisions

    “a. standard subdivisions: with an overall density of one (1) dwelling per twenty (20) acres of gross land area, including any rights-of-way, an individual lot shall maintain a minimum gross lot area of 20 acres.”

• Building heightDistrict specific (with conditions)

  Countryside (cs) district in unincorporated Miami County, Kansas, including such land inside Middle Creek township

  • Applies to buildings or structures other than those actually used for agricultural purposes.
  • Exceptions for agricultural structures are not stated in this excerpt beyond that clause.

  maximum building height: <= 35 feet (buildings used for agricultural purposes are excluded) · maximum stories: <= 2.5 stories (buildings used for agricultural purposes are excluded)

  “height: buildings or structures, other than those actually used for agricultural purposes, shall not exceed thirty-five feet (35’) and/or two and one-half (2 1/2) stories in height.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Agricultural (ag) district in unincorporated Miami County, Kansas, including such land inside Middle Creek township

    “height: buildings or structures, other than those actually used for agricultural purposes, shall not exceed thirty-five feet (35’) and/or two and one-half (2 1/2) stories in height.”

• Accessory dwellingsLimited

  Accessory dwellings on unincorporated Miami County land, including Middle Creek township outside any city

  • The county FAQ says the majority of the county is zoned for one residence per tract, and no other residential structures are allowed on the same property except as the regulations provide.
  • Standards for accessory dwellings are in the zoning regulations and were not extracted within the research budget.
  • A barn with a residential area counts as a single-family dwelling under the same minimum requirements as a house.

  “an accessory dwelling may be constructed as defined and outlined in the zoning regulations.”

• Who permits septicCounty (with conditions)

  Onsite wastewater (septic) systems on land in Miami County, Kansas, including land inside Middle Creek township

  • Sanitary code is administered by the county environmental health department; the county director is the environmental health director.
  • Designers must be licensed by the county environmental health department.
  • Kansas state rules may also apply but are not addressed here.

  “1-201. administering authority. unless otherwise specifically designated within a separate and particular chapter or article of this code, the director of the miami county environmental health department shall have the primary authority and responsibility for the administration of this code.”

• Septic permitLimited

  Holding tanks (and wastewater stabilization lagoons) serving properties in Miami County, Kansas, including land inside Middle Creek township; the general septic-system permit was not verified

  • A permit is required before constructing, altering, converting or using a holding tank.
  • Holding tanks serving more than one residence are treated as public sewer systems and not permitted under the code.
  • Lagoons need a permit from the county environmental health department and a minimum of three acres per living unit unless a waiver is granted (article 6).

  “2-503. permit required. it shall be unlawful for any person, firm or corporation to construct, perform any structurally significant alteration, convert or use any holding tank without first obtaining a permit from the miami county environmental health department.”

• Subdividing landRegulated (with conditions)

  Land divisions in Miami County, Kansas, including Middle Creek township, under the county's subdivision regulations

  • Countywide zoning and subdivision regulations took effect in 1991; minimum requirements have changed since.
  • Lots recorded before 1992 are recognized by legal description; later changes need county approval under the rules in force when the lot was created or changed.
  • The subdivision regulations PDF (DocumentCenter/View/282) was listed but not opened.

  “countywide zoning and subdivision regulations went into effect in 1991, and the minimum requirements have varied since that time.”

• Building in a floodplainRequired

  Development in a designated flood zone in unincorporated Miami County, Kansas, including such land inside Middle Creek township

  • Applies to houses, barns, accessory structures, ponds, culverts, bridges and utilities.
  • Other permits may also apply; the FAQ directs applicants to the planning department.
  • The FAQ notes that pond construction may need state permits from the Kansas Department of Agriculture, Division of Water Resources.

  “in accordance with federal, state and county regulations, a floodplain development permit, must be obtained for any development in a designated flood zone, including houses, barns, accessory structures, ponds, culverts, bridges, utilities, etc.”

Still unanswered

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

• Owner-builder exemption — Owner-builder permit exemption for a homeowner building their own residence in Miami County, Kansas
• Building code adopted — Which building codes Miami County, Kansas has adopted for construction in unincorporated land including Middle Creek township
• Inspections — Building inspections for new residences in Miami County, Kansas, including Middle Creek township
• Certificate of occupancy — Occupancy approval before a new residence is used in Miami County, Kansas, including Middle Creek township
• Setbacks — Yard setbacks in the Countryside and Agricultural districts in unincorporated Miami County, Kansas, including Middle Creek township outside any city

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.