Smith County, KS Building Permits, Zoning & Septic

Unincorporated Smith County, Kansas does not require a county building permit, but the county's current zoning status is not explicitly confirmed¹². The City of Smith Center has its own building and zoning rules, which do not establish rules for unincorporated county land³⁴. Septic systems and private wells go through the Smith County Health Department⁵.

At a glance

Building permit: Not required in unincorporated Smith County¹
Zoning: Unincorporated status unconfirmed; Smith Center has municipal zoning²⁴
Septic permitting authority: Smith County Health Department (county sanitary code, adopted 1995)⁵
Well permit: Private Well Construction Permit issued by the Health Department⁶
Owner-builder exemption: Not defined at the county level; no county building-permit program exists⁷
Agricultural buildings: Exempt from zoning regulations where adopted, if used for agricultural purposes⁸
Typical home value: $120,902⁹
Bolthole Index score: 51.22/100¹⁰

Who to call

Septic permits

Smith County Health Department

Private well construction permits and wastewater (septic) disposal system permits and inspections for Smith County

785-282-6656

119 S. Main, Smith Center, Kansas 66967

Roads & driveways

Smith County Road and Bridge

County road and bridge maintenance, grading, culverts, and right-of-way work on Smith County roads

785.282.5120

318 E Francis St., Smith Center, KS 66967

Also useful

Smith County Clerk

Secretary to the Board of County Commissioners and central administrative office for the county; the practical starting point for a land-use question not covered by another department

785-282-5110

[email protected]

218 S. Grant, Smith Center, KS 66967

Contact details are copied from each office’s official page and were checked against it on September 29, 2026.

Do you need a building permit in Smith County, Kansas?

Unincorporated Smith County does not require a county building permit: the county's own website lists its departments, including Health, Road and Bridge, Landfill and the Appraiser, with no building-permit, inspection or code-enforcement office among them¹. That is different inside the City of Smith Center itself, where a building permit and inspections apply, and even an owner doing the work on their own residence must apply for inspection and receive a certificate of approval before occupying it³. That city rule reaches only land inside Smith Center's city limits, not unincorporated Smith County, so keep the distinction in mind if you are comparing a county tract to a Smith Center lot³.

Who handles septic, wells and roads in Smith County, and how do you reach them?

The Smith County Health Department, at 119 S. Main, Smith Center, Kansas 66967, phone 785-282-6656, issues both the Private Well Construction Permit and the Waste Water Disposal System Application/Permit for the county, and its sanitarian handles on-site well and wastewater inspections⁶. Smith County Road and Bridge, based at the County Yard, 318 E Francis St., Smith Center, KS 66967, phone 785.282.5120, maintains the county's gravel, rock and dirt road network, bridges and culverts¹¹. For anything not covered by those two departments, the Smith County Clerk's office, 218 S. Grant, Smith Center, KS 66967, phone 785-282-5110, is the county's central administrative office and a practical starting point¹².

Does Smith County have zoning?

Smith County's current zoning status for unincorporated land could not be confirmed: the county lists no planning or zoning department, but no located county ordinance expressly adopts or disclaims countywide zoning². The City of Smith Center does have municipal zoning, including amended use rules for apartments and seasonal dwellings in its business districts, but those city rules do not establish zoning for land outside the city⁴. Kansas law allows locally adopted zoning to set minimum lot size, setbacks, lot coverage and building height by district¹³¹⁴¹⁵¹⁶. Agricultural land and buildings used for agricultural purposes are exempt from adopted city or county zoning regulations, except floodplain regulations⁸. Ask the Smith County Clerk to confirm the current rule for an unincorporated parcel before relying on the absence of a published county ordinance¹².

How do septic and well permits work in Smith County?

Septic and well permits in Smith County both go through the Smith County Health Department under the county's own sanitary code, adopted in January 1995 and enforced alongside Kansas Department of Health and Environment standards⁵¹⁷. The Health Department's own forms include a Private Well Construction Permit and a Waste Water Disposal System Application/Permit, along with lagoon specifications and minimum installation standards⁶. Every septic tank installed in Kansas must meet KDHE's Bulletin 4-2 minimum standards, and where a county has no local code at all, landowners must follow those same statewide standards directly, though Smith County's own 1995 sanitary code means that fallback does not apply here¹⁸. A private wastewater system may proceed only where no public sewer is available and all applicable local requirements are met, and it cannot use a seepage pit, cesspool, dry well, or any system with a surface discharge¹⁹.

Can you live in an RV or tiny home on your land in Smith County?

We could not confirm a rule for RV, tiny-home or manufactured-home occupancy on private land in unincorporated Smith County². The City of Smith Center has municipal zoning, but the located amendment addresses uses in city business districts rather than a general rule for RVs, tiny homes or manufactured homes⁴. Neither the absence of a confirmed county zoning ordinance nor the city's separate rules establish that residential occupancy is allowed on a particular rural parcel²⁴. Ask the Smith County Clerk about the parcel before buying land for long-term RV, tiny-home or manufactured-home living¹².

Building a home in Smith County: the steps, in order

Call the Smith County Clerk's office to confirm current zoning status and whether any county resolution applies to your project before you design anything¹².
Arrange water: apply for a Private Well Construction Permit through the Smith County Health Department before drilling⁶.
Apply for a Waste Water Disposal System Application/Permit through the Health Department before installing a septic system, meeting KDHE Bulletin 4-2 and the county's 1995 sanitary code standards⁶¹⁷.
If your driveway will connect to a state highway, get a Kansas Department of Transportation entrance permit before starting work; no work may begin on the state right-of-way until that permit is approved²⁰.
For work on a county road, contact Smith County Road and Bridge¹¹.
If your land involves placing fill within a designated stream's floodplain, a Kansas Department of Agriculture floodplain permit may be required in addition to any other permits²¹.

What to check before you buy land in Smith County

Smith County's soils are comparatively favorable for septic: about 41.6% have no severe limitations for a conventional drain field, and the land is nearly all workable, with 98.8% at 15% slope or less and only 4% wooded²²²³²⁴. Annual precipitation runs about 26 inches, and the county sees severe drought in about 13.2% of years, both worth weighing for a well²⁵²⁶. This is genuinely remote country: population density is about 4 people per square mile, and the nearest metro area is roughly 132 miles away, with essentially no federal land in the county at 0.1%²⁷²⁸²⁹. Farmland runs about $2,263 an acre, the typical home value is $120,902, and the effective property tax rate is 1.7%, for a median tax bill around $1,503 a year³⁰⁹³¹³². A typical home insurance premium runs about $2,363 a year³³. Before you close, confirm well and septic feasibility with the Health Department and road access with Road and Bridge, since neither is obvious from a deed alone⁶¹¹.

Watch-outs

Smith Center has municipal zoning, but whether Smith County has adopted zoning for unincorporated land could not be confirmed; ask the County Clerk which rules apply to the parcel⁴²¹².
No official source addresses RV, tiny-home, manufactured-home or accessory-dwelling occupancy on private land in unincorporated Smith County; get that in writing from the County Clerk's office before you buy land planning to live in one¹².
Minimum lot size, setbacks, lot coverage and building height for unincorporated Smith County were not found in any official source; confirm with the County Clerk's office before assuming none exist¹².

Sources

Written September 29, 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.

How Smith County scores

Seclusion84100% ev.

Self-Sufficiency22100% ev.

Admin Boringness8290% ev.

Durability36100% ev.

Property Autonomy47100% ev.

Carry Cost75100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$121kTypical home

1.7%Property tax

$2,263Land / acre

26"Annual rain

13.2% of yrsSevere drought

30.9 / yr (+19.5)Mid-century 100°F days

27.7 daysMid-century dry spell

1.55" (+4.6%)Mid-century 1-day rain

1.49×Wildfire change factor

100%Forward climate coverage

$2,363Home insurance / yr

-0.2% / yrInsurance growth

2.92%Nonrenewal rate

county median (2+ published ZIPs)Insurance basis

2,819People within 30 min

278,584People within 2 hr

3,357Radius comparison (15 mi)

4People / sq mi

0.1%Federal land

98.8%Land at 15% slope or less

41.6%Septic soil without severe limits

238,412 acWorkable land screen

4%Wooded land

23.4 tonsBiomass / forest ac

52.9°FAvg temp

Answers from the rulebook for Smith County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Smith County rules

Who permits septicCounty (with conditions)
Onsite wastewater systems in Smith County, Kansas, subject to the county sanitary code and applicable Kansas standards.
- KDHE describes county environmental-code adoption and enforcement as emphasizing onsite wastewater systems.
- KDHE states that all septic tanks installed in Kansas must comply with Bulletin 4-2 minimum standards.
- The Smith County sanitary code is identified by KDHE as adopted January 1995.
“Smith County Sanitary Code Adopted January 1995 (PDF)”
Local Environmental Protection Program ↗Re-checked Sep 11, 2026
County-wide zoningAbsent
No county planning or zoning department appears among the county's listed offices; county-wide zoning is not indicated for unincorporated Smith County.
Smith County, Kansas (official county website) ↗Scouted from the county site, not yet independently re-checked

Kansas rules that apply here

Building permitRequired
Construction, additions, and covered renovations or occupancy changes on State of Kansas-owned property administered through the Department of Administration's Design, Construction & Compliance process.
- The code footprint is required for all new construction, additions, and building renovation/remodeling affecting active or passive life-safety systems or changing occupancy on State property.
- A permit to build is issued as Form 125 Project Acceptance after applicable code footprints and temporary egress plans are accepted by DCC/OSFM and construction documents are accepted by DCC.
- The source states that projects not on state property should be directed to the local code enforcement office or Kansas Fire Marshal's office.
permit form: Form 125 - Project Acceptance
“A permit to build will be granted when the code footprint, if applicable, and temporary egress plans, if applicable have been accepted by DCC / OSFM and construction documents have been accepted by DCC. The permit to build is issued on the Form 125 - Project Acceptance.”
Building Design and Construction Manual, Part A, Chapter 5 – Code and Occupancy Requirements ↗Re-checked Sep 26, 2026
Building code adoptedPartial
Statewide Kansas building-energy-code and state fire-prevention-code framework, including new commercial and industrial structures and specified classes of new construction, additions, and occupancy changes.
- Kansas is a home rule state and local jurisdictions retain responsibility and authority for adoption and enforcement of building energy codes.
- The statewide IECC 2006 standard applies to new commercial and industrial structures.
- The state corporation commission has no authority to adopt or enforce energy-efficiency standards for residential, commercial, or industrial structures.
- Cities and counties may adopt or enforce energy-efficiency standards within their jurisdictions.
- Kansas State Fire Marshal review for the Kansas Fire Prevention Code applies to the building and occupancy categories listed on the official plans-review page, including large assembly, specified educational and institutional occupancies, and specified residential occupancies.
- For new homes, the state requires homebuilders and realtors to disclose certain energy-efficiency information using the Kansas Energy Efficiency Disclosure form.
state energy-efficiency code: 2006 International Energy Conservation Code (IECC 2006) (Applicable state standard for new commercial and industrial structures) · state fire-prevention building code: 2006 International Building Code (IBC) and International Fire Code (IFC) (Projects reviewed for compliance with the Kansas Fire Prevention Code; applicability depends on the project and occupancy categories stated by the State Fire Marshal)
“Because Kansas is a home rule state, the responsibility for adoption and enforcement of building energy codes lies with local jurisdictions.”
Kansas Building Energy Codes ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Partial — Kansas statewide building-code adoption authority as specifically addressed by the state energy-efficiency statute.
  “The International Energy Conservation Code 2006 (IECC 2006) is hereby adopted as the applicable energy efficiency standard for new commercial and industrial structures in this state.”
  66-1227. Energy efficiency of buildings; standards ↗Re-checked Sep 26, 2026
InspectionsRequired
Buildings and property owned by the State of Kansas undergoing construction or covered repairs, improvements, or occupancy changes.
- DCC conducts the building construction inspections for buildings and property owned by the State of Kansas.
- Healthcare and childcare occupancies and Board of Regents capital-improvement projects require joint or additional OSFM inspection as described in the manual.
- Required code inspections are tied to issuance of the Certificate of Occupancy.
“The Department of Administration - Office of Facilities Management - Design, Construction & Compliance conducts building construction inspections on buildings and property owned by the State of Kansas.”
Inspection Information ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Required — Building construction inspections for buildings and property owned by the State of Kansas.
  “The Department of Administration - Office of Facilities Management - Design, Construction & Compliance conducts building construction inspections on buildings and property owned by the State of Kansas.”
  Inspection Information ↗Re-checked Sep 9, 2026
Certificate of occupancyRequired
Any portion of a State of Kansas-owned building that has been in construction or has a change in occupancy, under the Department of Administration DCC process.
- Form 150 is issued before occupancy of any portion of a building that has been in construction or has a change in occupancy.
- Healthcare and childcare occupancies and Board of Regents capital-improvement projects require OSFM participation in construction inspections before authorization or acceptance of occupancy.
- The manual states that failure to submit the occupancy request and schedule required inspections results in denial of occupancy.
certificate form: Form 150 - Certificate of Occupancy
“Form 150 - Certificate of Occupancy will be issued by DCC prior to occupancy of any portion of a building that has been in construction or has a change in occupancy. For Healthcare and Childcare Occupancies and Capital Improvement Projects for the Board of Regents, OSFM will perform construction inspections prior to authorization/acceptance of occupancy.”
Building Design and Construction Manual, Part A, Chapter 5 – Code and Occupancy Requirements ↗Re-checked Sep 26, 2026
Zoning districtsPartial
Kansas cities and counties that adopt zoning regulations under K.S.A. 12-753
- The statute authorizes, but does not require, each city or county to adopt zoning regulations.
- A governing body may divide territory into districts of different number, shape, area, and classes according to land and building use and intensity.
- Adopted regulations may regulate building height, stories, size, lot coverage, yards, open space, population density, land uses, natural-resource conservation, floodplain land, and setbacks from streets or highways.
- District boundaries must be defined in the regulations or by an incorporated official map.
- County zoning maps must be marked as the official copy incorporated by board-of-county-commissioners resolution and filed with the county clerk or another designated public office.
- City zoning maps must be marked as the official copy incorporated by governing-body ordinance and filed with the city clerk or another designated public office.
- The regulations and accompanying maps are public records.
- The section became effective on and after January 1, 1992.
effective date: 1992-01-01
“The governing body may divide the territory subject to its jurisdiction into districts of such number, shape, area and of such different classes”
2026 Kansas Statutes, K.S.A. 12-753: Zoning regulations; districts; restrictions ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Partial — Kansas statutory framework governing zoning districts adopted by cities and counties; this does not publish the actual district maps or classifications for each local jurisdiction.
  “The governing body may divide the territory subject to its jurisdiction into districts of such number, shape, area and of such different classes”
  K.S.A. 12-753: Zoning regulations; districts; restrictions ↗Re-checked Sep 26, 2026
Minimum lot sizeDistrict specific (with conditions)
Kansas county zoning regulations for unincorporated urban areas and municipal zoning regulations adopted under Kansas planning and zoning statutes.
- Actual minimum dimensions or area are set by the applicable local zoning classification, if adopted.
- County urban-area regulations must be uniform within each zoning classification, but may differ between classifications.
- No statewide numeric minimum lot area was identified.
minimum lot dimensions or area: local zoning classification
“the density of population, including minimum width, depth and area of lots”
K.S.A. 12-753 — Zoning regulations; districts; restrictions ↗Re-checked Sep 9, 2026
SetbacksDistrict specific (with conditions)
Building setbacks and yard or open-space requirements established by applicable Kansas municipal or county zoning regulations.
- Actual setback distances are determined by the applicable local zoning classification or applicable highway/street setback resolution.
- Agricultural buildings may still be regulated for setbacks from public roads under K.S.A. 19-2960.
- No statewide numeric setback distance was identified.
yard, court, open-space, or street/highway setback: local regulation
“the size of yards, courts and other open spaces”
K.S.A. 12-753 — Zoning regulations; districts; restrictions ↗Re-checked Sep 9, 2026
Lot coverageDistrict specific (with conditions)
Percentage of a lot that may be occupied under applicable Kansas municipal or county zoning regulations.
- Actual lot-coverage percentage is set by the applicable local zoning classification, if adopted.
- No statewide numeric lot-coverage percentage was identified.
maximum percentage of lot occupied: local zoning classification percent
“the percentage of lots that may be occupied”
K.S.A. 12-753 — Zoning regulations; districts; restrictions ↗Re-checked Sep 9, 2026
Building heightDistrict specific (with conditions)
Building height and number-of-stories restrictions established by applicable Kansas municipal or county zoning regulations.
- Actual height or story limits are set by the applicable local zoning classification, if adopted.
- No statewide numeric building-height limit was identified.
maximum building height or stories: local zoning classification
“restrict and regulate the height, number of stories and size of buildings”
K.S.A. 12-753 — Zoning regulations; districts; restrictions ↗Re-checked Sep 9, 2026
Manufactured homesLimited
Placement and residential occupancy of manufactured homes in Kansas jurisdictions with applicable county or city zoning regulations.
- Manufactured homes remain subject to applicable county and city zoning regulations.
- A governing body may not exclude manufactured homes from its entire zoning jurisdiction.
- A governing body may not exclude residential-design manufactured homes from single-family residential districts solely because they are manufactured homes.
- Architectural or aesthetic standards compatible with site-built housing may still apply.
- Valid restrictive covenants running with the land are not preempted.
- The source states the zoning provision became effective January 1, 1992.
“All mobile homes shall be subject to zoning regulations of counties and cities applicable to areas in which such homes are located.”
K.S.A. 75-1218 — Exemption from construction codes; zoning ↗Re-checked Sep 26, 2026
Septic permitLimited
Private onsite wastewater systems throughout Kansas, where permit requirements depend on applicable county or other local sanitary/environmental codes.
- Local governments may adopt codes and issue construction and operating permits.
- County sanitary or environmental codes specify local design and permitting requirements.
- If there is no local code, landowners must comply with K.A.R. 28-5-6 to 9 and KDHE Bulletin 4-2.
- All septic tanks installed in Kansas must comply with KDHE Bulletin 4-2.
- The cited state materials do not establish a single construction- and operating-permit requirement applicable statewide.
applicable state regulations without local code: K.A.R. 28-5-6 to 9 · state minimum standard: KDHE Bulletin 4-2
“County sanitary (environmental) codes specify local design and permitting requirements. [...] If there is no local code, landowners are required to comply with Kansas Administrative Regulations (K.A.R.) 28-5-6 to 9 and minimum standards in this bulletin.”
Local Environmental Protection Program ↗Re-checked Sep 26, 2026
Off-grid sanitationLimited
Domestic wastewater disposal without a public sewer connection, using an approved septic system, lagoon, or alternative onsite system.
- Domestic wastewater must be discharged to an approved sewage collection system, approved lagoon, septic system, alternative system, or permitted sewage treatment plant.
- Private sewerage facilities are conditioned on public sewers not being available and on compliance with local requirements.
- Seepage pits, cesspools, and dry wells (rat holes) are not permitted.
- No private onsite wastewater system may have a surface discharge.
- Alternative systems may require a local variance; where there is no local code, KDHE may grant a variance.
“Wastewater from a home shall be discharged to a properly designed and maintained septic tank–soil absorption field or wastewater pond, an approved alternative treatment and disposal system, or a permitted sewage treatment plant. Seepage pits, cesspools, and dry wells (rat holes) are not permitted. [...] No private onsite wastewater system shall have a surface discharge.”
MF2214 Minimum Standards for Design and Construction of Onsite Wastewater Systems ↗Re-checked Sep 9, 2026
Well permitLimited
Water-well construction, reconstruction, and plugging in Kansas, including county and city permitting requirements where applicable.
- Many counties require water-well permits, and some cities do as well; the KDHE page reports that 68 counties had responded to its January 2026 poll.
- A well may also need a Division of Water Resources permit, Class V Authorization, Public Water Supplies permit, or another authorization depending on the well.
- Kansas requires well logs for all water-well construction, reconstruction, and plugging statewide.
“Many counties in Kansas require a permit for water wells. Even some cities have permitting requirements. Please look below to see if you need a permit for your well. 68 counties have responded so far, counties not shown below did not respond to our poll. The poll was sent in January of 2026, and will be updated annually.”
Water Well County Permits ↗Re-checked Sep 9, 2026
Mandatory utility hookupConditional
Private onsite sewerage facilities serving domestic wastewater in Kansas.
- A private sewerage facility may proceed only when public sewers are not available and all applicable local requirements are met.
- The source does not establish a statewide requirement to connect to public water service.
“Proceed with any private sewerage facility only when public sewers are not available and all applicable local requirements are met.”
MF2214 Minimum Standards for Design and Construction of Onsite Wastewater Systems ↗Re-checked Sep 9, 2026
Agricultural exemptionAvailable (with conditions)
Use of land for agricultural purposes and erection or maintenance of agricultural buildings under city or county zoning regulations adopted under Kansas planning and zoning statutes.
- The exemption applies only while the land and buildings are used for agricultural purposes and not otherwise.
- The exemption does not apply to flood-plain regulations in designated flood plains.
- Under K.S.A. 19-2960, dwellings, garages, and other similar accessory buildings are not agricultural buildings.
- Under K.S.A. 19-2960, all buildings, including agricultural buildings, may be regulated for setbacks from public roads.
- K.S.A. 12-758 applies to regulations adopted by a city pursuant to K.S.A. 12-715b or by a county pursuant to the planning and zoning act.
agricultural-use condition: land and buildings must be used for agricultural purposes and not otherwise (Flood-plain regulations remain applicable.) · public-road setback exception: permitted (Agricultural buildings may be regulated as to setbacks from public roads under K.S.A. 19-2960.)
“regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply”
K.S.A. 12-758 — Agricultural land exempted from zoning regulations ↗Re-checked Sep 9, 2026
One more reviewed finding on this topic
- Available (with conditions) — Use of land for agricultural purposes and erection or maintenance of buildings for those purposes under county or city planning-and-zoning regulations in Kansas, including Smith County where such regulations apply.
  “Except for flood plain regulations in areas designated as a flood plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings are used for agricultural purposes and not otherwise.”
  2026 Kansas Statutes — 12-758 ↗Re-checked Sep 11, 2026
Subdividing landLimited
Subdivision, resubdivision, or replatting in Kansas areas governed by locally adopted subdivision regulations.
- A plat must be submitted to the planning commission or joint committee where applicable.
- A plat must conform to applicable subdivision regulations and receive the required approval.
- No building or zoning permit may be issued for a lot subdivided, resubdivided, or replatted after adoption of subdivision regulations unless approved under the statutory procedure.
- Local subdivision regulations may establish reasonable plat-approval fees.
- The statute does not establish a single statewide subdivision standard for every parcel.
plat approval deadline: <= 60 days (If the planning commission or joint committee does not determine conformity within 60 days after the first meeting following submission, the plat is deemed approved under subsection (b).)
“All such plats shall be submitted to the planning commission or to the joint committee for subdivision regulation.”
K.S.A. 12-752 — Plats; approval; permits; filing ↗Re-checked Sep 9, 2026
Driveway accessRequired
Construction or alteration of a driveway connecting to the Kansas state highway system.
- The requirement applies to driveways onto the state highway system.
- No work may be performed on state highway right-of-way until an approved highway permit agreement is received.
- Driveways connecting only to local roads are outside the cited rule's stated scope.
“Individuals desiring to construct or alter a driveway onto the state highway system shall be required to obtain a permit.”
Kansas Administrative Regulations, Volume 3 ↗Re-checked Sep 9, 2026
One more reviewed finding on this topic
- Required — Construction or alteration of a driveway onto the Kansas state highway system, including locations in Smith County
  “Individuals desiring to construct or alter a driveway onto the state highway system shall be required to obtain a permit from the Kansas department of transportation. Under no circumstances shall an individual be permitted to perform any work on the state highway right-of-way until an approved copy of a highway permit agreement is received.”
  Kansas Administrative Regulations, Highway Entrance Permits 36-3-6 ↗Re-checked Sep 11, 2026
Building in a floodplainLimited
Statewide Kansas framework governing locally adopted floodplain zones, districts, and floodplain development regulations
- A local governing body may establish floodplain zones and districts; the statute does not itself impose one uniform permit requirement on every development statewide.
- Any floodplain regulations must comply with the minimum requirements of the National Flood Insurance Act of 1968 and rules adopted under it.
- Before adoption, a local ordinance, resolution, regulation, or plan creating or changing a floodplain zone or district, or regulating structures, encroachments, or land uses in the area, must be submitted to the chief engineer of the Kansas Department of Agriculture's Division of Water Resources.
- The chief engineer may require complete maps, plans, profiles, specifications, and textual matter; approval or disapproval is due within 90 days after receipt of all required data, and failure to act within that period results in deemed approval.
- Under K.A.R. 5-44-4, local floodplain zoning regulations must identify flood hazard areas by a specific map, meet or exceed federal minimum requirements, meet or exceed applicable chief-engineer requirements, and designate a local floodplain administrator responsible for reviewing and issuing floodplain development permits.
- K.A.R. 5-44-1 states that its definitions apply in administering K.S.A. 12-766; its listed effective dates are January 1, 1992 and February 17, 1992.
chief engineer review period: 90 days (After receipt of all data required by the chief engineer; failure to approve or disapprove within the period results in deemed approval.) · flood threshold referenced by K.S.A. 12-766: 1% annual chance (The governing body may restrict application to lands adjacent to watercourses subject to floods of a lesser magnitude than that having a one-percent chance occurrence in any one year.)
“The governing body may establish flood plain zones and districts and restrict the use of land therein”
2026 Kansas Statutes, K.S.A. 12-766: Flood plain zones ↗Re-checked Sep 26, 2026
2 more reviewed findings on this topic
- Required — Regulated floodplain development in Smith County involving placement of regulated floodplain fill within the floodplain of a designated stream or FEMA-designated floodplain
  “Permits are required if the project involves: [...] Placement of a regulated floodplain fill within the floodplain of a designated stream or FEMA-designated floodplain”
  Stream and Floodplain Permits ↗Re-checked Sep 11, 2026
- Limited — Development in special flood hazard areas under Kansas local floodplain-management ordinances based on the Kansas Department of Agriculture model ordinance.
  “In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit”
  Model Floodplain Management Ordinance ↗Re-checked Sep 26, 2026
Short-term rentalsLimited
Short-term rentals and vacation units or properties regulated by a Kansas municipality during the temporary statutory period from May 15, 2026 through July 25, 2026.
- The temporary rule applied from May 15, 2026 through July 25, 2026.
- No municipality could limit the number of permits or other municipal authorizations or limit rental duration during that period.
- Completed authorization applications had to receive a response within 15 calendar days.
- If the municipality failed to process and respond within 15 calendar days, the application was deemed approved and no additional municipal regulation or code requirement could be imposed as a condition of approval.
- The definition excluded a permanent guest or a person occupying under a contract intended for long-term or permanent occupancy for more than 28 consecutive days within the period.
application response deadline: 15 calendar days (completed municipal authorization applications during the statutory period)
“During such period, all completed applications to a municipality [...] shall be processed by the municipality [...] within 15 calendar days.”
2026 Session Laws of Kansas, Chapter 96: House Bill 2481 ↗Re-checked Sep 9, 2026
Permit feesVariable (with conditions)
Permits, licenses, and other activities under county sanitary codes statewide in Kansas.
- County commissioners may adopt reasonable fees through sanitary codes.
- The statute does not establish a single statewide fee amount.
fee amount: county sanitary code dependent
“Each sanitary code may provide for permits, licenses and fees.”
K.S.A. 19-3702: Adoption of code by county commissioners; contents; fees ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Published (with conditions) — KDHE air-quality construction approval applications statewide in Kansas.
  “there is a $750 fee for each construction approval application.”
  Permitting ↗Re-checked Sep 9, 2026
Permit processPublished (with conditions)
KDHE air-quality construction permits or approvals for projects whose potential-to-emit increase exceeds applicable regulatory thresholds.
- A construction permit or approval must be issued before beginning actual construction or modification when the project exceeds the applicable potential-to-emit thresholds.
- Land may be cleared, contracts made, and equipment purchased and stored before issuance.
- Foundation work is considered beginning actual construction and must wait until issuance.
- Equipment whose emissions contribute to the permitting requirement may not be permanently affixed or installed before issuance.
- Pre-issuance activity is conducted at the owner or operator's financial risk.
“foundation work is considered to be "beginning actual construction" and must wait until after issuance.”
Permitting ↗Re-checked Sep 9, 2026
One more reviewed finding on this topic
- Partial — Domestic septic tank and lateral-field systems and related onsite wastewater controls in Kansas.
  “Unless otherwise provided by the board of county commissioners, the local health department shall have the authority and responsibility for administering all sanitary codes.”
  Local Environmental Protection Program ↗Re-checked Sep 26, 2026
county zoning authorityGeneral
Kansas counties adopting zoning regulations for all or any portion of unincorporated county territory.
- The authority is exercised by the board of county commissioners through resolution and under the applicable planning-and-zoning act.
- Permissible subjects include building height, number of stories, building size, lot coverage, yards and open spaces, population density including minimum lot dimensions, building and land uses, and floodplain land use.
- County zoning jurisdiction may cover all or any portion of the unincorporated area; incorporated municipalities have separate statutory zoning jurisdiction.
“The board of county commissioners, by resolution, may provide for the adoption or amendment of zoning regulations for the unincorporated portion of the county in the manner, and for the purposes, provided by this act.”
K.S.A. 19-2960 — Urban areas; zoning regulations ↗Re-checked Sep 26, 2026
county building authorityLimited
Kansas counties' authority to require building permits and regulate construction in unincorporated areas through subdivision regulations
- The county must first adopt a comprehensive plan before adopting subdivision regulations under K.S.A. 19-2961.
- The permit procedures apply to lots divided, subdivided, resubdivided, or replatted within an area governed by the county's subdivision regulations.
- No building authorization may be granted for a structure on a lot subdivided, resubdivided, or replatted after adoption of the regulations unless the statutory approval process is followed.
- Regulations must provide a building-permit procedure for lots divided into not more than two tracts without replatting, unless otherwise provided.
- Permit procedures must account for zoning regulations, adequate street rights-of-way, easements, and improvement of public facilities, and specify a decision time limit.
- The statute permits the final permit decision to be made by the county commission, subject to other law.
maximum tracts for permit without replatting: <= 2 tracts (unless otherwise provided by the county regulations)
“Any regulations adopted by the board of county commissioners with reference to subdividing lots shall provide for the issuance of building permits”
K.S.A. 19-2961 — Subdivision regulations and building permits ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- General — Kansas counties adopting and enforcing building codes in unincorporated portions of the county.
  “Any part of a code adopted pursuant to the provisions of this section may be made applicable, by resolution, either to all unincorporated portions of the county or to any area of the county outside of but within three (3) miles of the nearest point of the corporate limits of any city.”
  K.S.A. 12-3303 — County adoption by reference of codes ↗Re-checked Sep 26, 2026

Inside cities and towns in Smith County

Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.

Certificate of occupancyLimited
Completion and occupancy or use of building construction work covered by a building permit in the City of Smith Center, Kansas
- The certificate is associated with work completed under a building permit.
- The certificate records the number of inspections made and orders and corrections required during the work.
- A copy is given to the owner.
- For owner-performed work on the owner’s residence, the owner must apply for inspection and receive a certificate of approval.
“authorized to issue a certificate of approval”
Chapter IV: Buildings and Construction ↗Re-checked Sep 11, 2026
Local zoningPresent (with conditions)
Zoning within the City of Smith Center, Kansas
- The zoning regulations are municipal regulations adopted by the City of Smith Center.
- Ordinance No. 1033 amends allowed-use regulations in the C-1 and C-2 business districts.
- Apartments, including seasonal dwellings, are allowed on any floor only if at least one-third of total ground-floor square footage is reserved for commercial purposes and the storefront retains a commercial-purpose appearance consistent with the prescribed district.
- All other language of Ordinance No. 866 remains in full force and effect.
minimum ground-floor commercial square footage: >= 1 third of total ground-floor square footage (Applies to apartments, including seasonal dwellings, in the C-1 and C-2 business districts.)
“An ordinance amending Articles XVI & XVII; section (3), of Ordinance No. 866 by amending the allowed use regulations in the zoning code.”
Chapter XVI: Zoning and Planning ↗Re-checked Sep 24, 2026

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

Owner-builder exemption — Owner-builder exemptions from county building requirements in Smith County outside incorporated municipalities
Minimum dwelling size — Minimum dwelling size in unincorporated Smith County, Kansas.
Living in an RV — Long-term or residential occupancy of recreational vehicles on private land in Smith County, including unincorporated areas and incorporated municipalities
Camping on your land — Temporary camping on private land in Smith County, including unincorporated areas and incorporated municipalities
Tiny homes — Occupancy of tiny homes in Smith County, including unincorporated areas and incorporated municipalities

2 more unanswered

Accessory dwellings
Septic inspection

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.

Living off-grid in Smith County, Kansas

Is Smith County a good place to live off-grid or homestead?

Smith County scores 51/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 2,819 people within a 30-minute drive and low administrative friction for a quiet rural property. Watch-outs: workable self-sufficiency basics (26″/yr rainfall) and elevated mid-century heat, water, rain, or wildfire exposure.

Do you need a building permit in Smith County, Kansas?

Smith County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Smith County Health Department (county sanitarian) under the Smith County Sanitary Code, per KDHE. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Smith County, Kansas?

Land in Smith County runs about $2,263 per acre, based on the latest county data.

What is the water situation in Smith County?

Smith County gets about 26" of rain a year, with severe drought in roughly 13.2% of years.

How remote is Smith County?

A representative private-land location has about 2,819 people within a 30-minute drive and 278,584 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

Building permits, zoning and land rules in Smith County, Kansas

At a glance

Who to call

Do you need a building permit in Smith County, Kansas?

Who handles septic, wells and roads in Smith County, and how do you reach them?

Does Smith County have zoning?

How do septic and well permits work in Smith County?

Can you live in an RV or tiny home on your land in Smith County?

Building a home in Smith County: the steps, in order

What to check before you buy land in Smith County

Watch-outs

Sources

Smith County in Kansas

How Smith County scores

Find land. Bring the promising ones back.

Parcel due diligence

Answers from the rulebook for Smith County

Smith County rules

Kansas rules that apply here

Inside cities and towns in Smith County

Still unanswered

Living off-grid in Smith County, Kansas

Is Smith County a good place to live off-grid or homestead?

Do you need a building permit in Smith County, Kansas?

How much does land cost in Smith County, Kansas?

What is the water situation in Smith County?

How remote is Smith County?

How Smith compares in Kansas