Zoning, building permits and septic rules in Town of Smithfield, Maine

Town of Smithfield’s own rules

• Local zoningPresent (with conditions)

  Land inside Smithfield town's 250-foot shoreland zone only (Town of Smithfield Shoreland Zoning Ordinance). Not the unincorporated area of Somerset County.

  • The town's shoreland zoning ordinance applies only within the (250') shoreland zone. It does not establish a general zoning map for the rest of the town.
  • The code enforcement page says the office enforces a 'land use ordinance'; no general Land Use Ordinance text was located in research, so whether a town-wide zoning ordinance exists is unverified.
  • Shoreland zoning in Maine is a state-mandated program adopted locally; the 2026 version's effective date is not stated on the copy reviewed.

  “the office of code enforcement is responsible for maintaining and enforcing the town of smithfield's land use ordinance”

• Zoning districtsPartial

  Shoreland zoning districts inside the 250-foot shoreland zone of Smithfield town only. No general zoning district map found.

  • Districts listed in the shoreland ordinance table of contents: resource protection, limited residential, limited commercial, general development I, general development II, stream protection.
  • District boundaries are on the Official Shore Land Zoning Map, which was not opened.

  “3. resource protection district 12 4. limited residential district 13 5. limited commercial district 13”

• Minimum lot sizeSpecified

  Lots inside Smithfield town (town-wide minimum lot standard, Minimum Lot Size Ordinance)

  • Within a cluster development, lot size may be reduced to no less than 40,000 sq ft for detached single-family residences and duplexes, with 80,000 sq ft per dwelling unit of common open space overall.
  • Mobile home park lots follow state law and the mobile home park ordinance section 12.
  • Single lot of record existing at adoption may be built on (grandfather clause).
  • Shoreland zone table (SLZ section 15(a)) lists 40,000 sq ft per residential dwelling unit, but section 15(a)(1)(d) states the town's 80,000 sq ft standard applies; the town ordinance governs the town-wide figure.
  • Ordinance adopted March 11, 1981; amended through March 9, 2024.

  minimum lot area: >= 80000 square feet (cluster development may reduce to no less than 40,000 sq ft for detached single-family residences and duplexes) · minimum road frontage: >= 200 feet (cluster development: 150 ft on state roads or town ways, 100 ft on private roads; right-of-way option where no road frontage)

  “a. minimum lot size of 80,000 square feet”

• SetbacksSpecified

  New principal and accessory structures inside Smithfield town's 250-foot shoreland zone only (shoreland zoning ordinance, section 15(b)(1)). Not a general setback for lots outside the shoreland zone.

  • 100 feet horizontal from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, including great meadow stream.
  • 75 feet horizontal from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.
  • 250 feet in the resource protection district, except for structures, roads, parking spaces or other regulated objects specifically allowed there.
  • Water-dependent structures needing direct water access (piers, docks, retaining walls) and other water-dependent uses are exempt from the water setback.
  • Expansion limits apply to nonconforming structures; the 2026 SLZ ordinance text was reviewed for new structures only.

  setback from normal high-water line, great ponds GPA and rivers flowing to them: >= 100 feet (horizontal distance; other water bodies, tributary streams and wetlands: 75 feet) · setback in resource protection district: >= 250 feet (horizontal distance from normal high-water line)

  “all new principal and accessory structures shall be set back at least one hundred (100') feet, horizontal distance, from the normal high-water line of great ponds classified gpa”

• Accessory dwellingsAllowed (with conditions)

  One accessory dwelling unit on a lot with a single-family dwelling inside Smithfield town

  • Allowed in any area where residential uses are permitted, including as a conditional use, subject to the ordinance requirements.
  • Must be within an existing dwelling, attached to the single-family dwelling, or a new detached structure built for the ADU; may be placed in an existing accessory structure with setbacks applied.
  • Exempt from density and lot-area requirements tied to the area where it is built.
  • Size: at least 190 square feet and not more than 1,200 square feet footprint, unless the state technical building code board adopts a different minimum.
  • Written verification of adequate water and wastewater service is required before certification for occupancy; septic must be verified by the local plumbing inspector.
  • Private, state, or local standards (HOA rules, deed restrictions, setbacks, density, septic, shoreland zoning, subdivision law) may also apply.
  • Unpermitted ADUs must be allowed if they meet the requirements; an after-the-fact permit violation fine of $300.00 applies per the ordinance.

  accessory dwelling unit footprint, maximum: <= 1200 square feet (legally existing structures of record before March 9, 2024 may exceed 1,200 sq ft if conversions meet building and septic standards) · accessory dwelling unit footprint, minimum: >= 190 square feet (unless the state technical building code and standards board adopts a different minimum)

  “an accessory dwelling unit must be at least 190 square feet, but not to exceed 1200 square feet (footprint) in size”

• Who permits septicLocal (with conditions)

  Subsurface wastewater (septic) systems on lots inside Smithfield town. The town's Code Enforcement Officer and Licensed Plumbing Inspector (LPI) receives septic designs.

  • Septic design must be prepared by a soils engineer or licensed site evaluator under state rules (10-144 C.M.R. ch. 241), which the town ordinance cites.
  • The LPI verifies septic adequacy for accessory dwelling units under 30-A M.R.S. §4221, as stated in the town minimum lot size ordinance.
  • Holding tank rules are a separate town ordinance (see off_grid_sanitation claim).

  “septic design forms can be obtained from a soils engineer and must be submitted in triplicate to the lpi prior to construction.”

• Septic permitRequired

  Septic system design for new construction on lots inside Smithfield town

  • Design must be prepared by a soils engineer and submitted to the LPI before construction starts.
  • Fee amounts not published on the page reviewed.

  “septic design forms can be obtained from a soils engineer and must be submitted in triplicate to the lpi prior to construction.”

• Off-grid sanitationLimited

  Holding tanks used for wastewater on improved property inside Smithfield town

  • Holding tanks cannot be used for seasonal conversion and are not allowed for a first-time residential use in the shoreland zone.
  • Collection and transport of holding-tank waste must be done by or under the direction of the selectmen as the authority; only the approved pumper may remove contents.
  • Holding tanks must be made of impermeable material and protected from vehicular traffic and vandalism.
  • Fines: not less than $100 and not more than $300 for violations of section 6 (note on the ordinance cites current penalties up to $2500 per day).

  holding tank fine (ordinance text): >= 100 USD (not more than $300 plus costs per section 7 as written; ordinance note cites up to $2500 per violation per day)

  “holding tanks cannot be used for seasonal conversion and is not allowed for a first-time residential use in the shoreland zone”

• Permit processPartial

  Permits for land development inside Smithfield town, handled through the Code Enforcement Office and Planning Board

  • Office hours on the page: Wednesday 9:00 a.m.-12:00 p.m. Contact [email protected] or (207) 362-4772.
  • Planning Board reviews applications for permits that require review; the CEO approves or disapproves along with the Board.
  • Appeals and variances go to the Land Use Appeals Board.
  • Step-by-step permit sequence not published on an official page; a third-party guide lists steps but is not official.

  “the office issues building permits and supports the planning board when a project requires review.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Smithfield or Somerset County directly.

• Building permit — New construction inside Smithfield town
• Owner-builder exemption — Owner-builders inside Smithfield town
• Building code adopted — Construction inside Smithfield town
• Inspections — Building inspections inside Smithfield town
• Certificate of occupancy — Occupancy of new dwellings inside Smithfield town

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.