Bolthole Index

Pennington County, Minnesota

Building permits, zoning and septic rules in Smiley Township, MN

Smiley Township, in Pennington County, Minnesota, requires a township zoning permit before a new structure, addition, moved structure, footprint increase or specified change of use.1 Minnesota's construction code is the statewide standard, but local enforcement inside Smiley Township could not be confirmed, so ask the Township Clerk whether a separate building permit applies.2 New and replacement septic systems require permits and inspections through the local septic program.34

At a glance

Township zoning permit
Required before a new home and other listed construction or use changes1
Zoning
Smiley Township has its own districts and official zoning map56
AR dwelling standard
A dwelling generally needs a four-acre lot and at least 900 square feet per unit78
Septic permit
Required for new and replacement systems; start with Pennington County's program39
RV living
Long-term occupancy could not be confirmed; ask the Township Clerk before placing or occupying an RV10
Owner-builder
Available when the owner will occupy the home or retain it as a rental, but not for resale or speculation11

Who to call

Planning & zoning

Smiley Township Clerk

Township zoning map, zoning permit applications and parcel-specific zoning questions

[email protected]

Septic permits

Pennington Soil and Water Conservation District (SSTS Program)

Septic permits for installing, replacing or repairing a system in Pennington County

218-683-7075

201 Sherwood Ave S, Thief River Falls, MN 56701

Roads & driveways

Pennington County Highway Department (County Engineer's Office)

Approval for construction, driveways and culverts within Pennington County road right-of-way

218-683-7017

250 125th Avenue NE, Thief River Falls, MN 56701

Online permits →

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Off-grid gear

Going off-grid in Smiley Township means bringing your own water and power. The kit we’d start with:

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Does Smiley Township have zoning, and what does it mean for homes?

Smiley Township administers zoning for its unincorporated land, while zoning authority elsewhere in Pennington County varies by municipality or township.12 The Town Clerk maintains Smiley Township's official zoning map, which includes agricultural-residential, suburban-residential, urban-residential, commercial, industrial, floodplain, airport-clearance, parks-and-recreation and urban-agriculture districts.56

In the AR Agricultural Residential District, a one-family or two-family dwelling generally needs a four-acre lot outside a high-density subdivision and at least 900 square feet of floor area per unit.78 The listed AR dwelling setbacks are 25 feet in front, 35 feet in the rear and 25 feet at the side.13 Ask the Township Clerk to identify the parcel's district before using those standards in a site plan.6

Do you need a building permit in Smiley Township, Minnesota?

Smiley Township requires a Zoning Permit Application before erecting a new structure, adding to a structure, moving a structure, increasing a building's square footage, changing its footprint or making specified use changes.1 The application must be signed, filed with the Town Clerk and accompanied by a site plan.14 The published township zoning fee is $150 for a new home or business and $75 for other uses, although the Town Board may revise the schedule.15

The zoning permit is separate from any State Building Code permit. Minnesota's code is the statewide construction standard, but municipal enforcement depends on local adoption, and we could not confirm who enforces it inside Smiley Township.2 Ask the Township Clerk before work begins whether a building official must issue a separate permit. Where a code permit is issued, the work is inspected and the governed building cannot be occupied until the building official issues a certificate of occupancy.1617

Can you live in an RV or tiny home in Smiley Township?

Smiley Township's confirmed camping rule is narrow: primitive camping is allowed in specified floodplain and parks-and-recreation settings, with sanitation conditions, while improved camping facilities or parks require conditional-use approval.10 That provision does not answer whether someone may occupy a single RV long term on private land, so get a parcel-specific answer from the Township Clerk before relying on an RV as a residence.10

A tiny house used as a dwelling remains subject to Minnesota's building code and Smiley Township zoning.18 In the AR Agricultural Residential District, the confirmed minimum dwelling floor area is 900 square feet per unit, so a smaller dwelling does not meet that district's stated standard.8 Manufactured or mobile homes in the AR district require Town Board approval and must meet the cited Minnesota manufactured-home statutes.19

How do septic permits work inside Smiley Township?

Pennington County must administer a septic program, although a township may impose its own rules if they are at least as stringent.9 Pennington County requires a septic permit when a system is installed, replaced or repaired, and local programs review plans and inspect new and replacement systems.202122 Start with the Pennington Soil and Water Conservation District and ask it to confirm the issuing authority for the Smiley Township parcel.

Where sewer is unavailable, Smiley Township requires sewage facilities to connect to approved septic tanks and disposal fields meeting county and state minimum standards; connection to sewer is required when sewer becomes available.23 Pennington County soils rate 0% without severe limitations for conventional septic drain fields, so make septic feasibility an early design question.24

What is the safest order for building a home in Smiley Township?

  1. Ask the Smiley Township Clerk to identify the parcel's zoning district and confirm that the house, lot dimensions and site plan comply.6
  2. Have the Pennington Soil and Water Conservation District confirm septic authority and site feasibility before fixing the house location.920
  3. Submit the signed township zoning application and site plan for Town Board action.14
  4. Ask the Township Clerk whether local State Building Code enforcement requires a separate building permit; if one is issued, inspections and a certificate of occupancy follow.22526
  5. File the required state notification before drilling a water-supply well.27
  6. Secure approval from the road authority before work in its right-of-way.2829

Who approves driveway and floodplain work in Smiley Township?

Smiley Township does not require a zoning permit merely to pave or resurface a new or existing driveway, but that rule does not settle access approval for the road itself.30 Construction affecting Pennington County road right-of-way requires prior approval from the County Engineer's Office.28 A direct connection to a Minnesota state highway requires a MnDOT access driveway permit before construction or modification.29

Pennington County allows structures in governed floodplain areas only when state and local requirements are met.31 Smiley Township's floodplain district covers areas within the FEMA-established 100-year floodplain, and construction there needs the required approvals.32 A house, fill, culvert or bridge in a regulated Minnesota floodplain requires a floodplain permit.33 Confirm the parcel's map status before designing a building pad or driveway.32

Watch-outs

  • A Smiley Township zoning permit does not settle whether locally enforced State Building Code permitting applies; ask the Township Clerk to identify the serving building official before work begins.12
  • Long-term RV occupancy and accessory dwellings could not be confirmed, so obtain a parcel-specific answer from the Township Clerk before purchase or placement.1034
  • Pennington County's soil rating makes a conventional septic layout a poor assumption until the site is evaluated.24

Sources

  1. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  2. Minnesota Statutes section 326B.121, quoted and re-checked
  3. Local septic system programs, quoted and re-checked
  4. Local septic system programs, quoted and re-checked
  5. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  6. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  7. smileytownship.org (Smiley Township), quoted and re-checked
  8. smileytownship.org (Smiley Township), quoted and re-checked
  9. Local septic system programs, quoted and re-checked
  10. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  11. Minnesota Statutes § 326B.805 — Exemptions, quoted and re-checked
  12. Smiley Township Zoning Ordinance, quoted and re-checked
  13. smileytownship.org (Smiley Township), quoted and re-checked
  14. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  15. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  16. Minnesota Rules 1300.0210 Inspections, quoted and re-checked
  17. Minnesota Rules chapter 1300, quoted and re-checked
  18. Tiny Houses and the 2020 Minnesota Residential Code (Minnesota statewide rule), quoted and re-checked
  19. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  20. Pennington Soil and Water Conservation District (SSTS Program) (penningtonswcd.org)
  21. Local septic system programs, quoted and re-checked
  22. Local septic system programs, quoted and re-checked
  23. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  24. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  25. Code Adoption Guide, quoted and re-checked
  26. Minnesota Rules 1300.0220 — Certificate of Occupancy, quoted and re-checked
  27. Constructing a New Water-Supply Well in Minnesota, quoted and re-checked
  28. Pennington County Highway Department (County Engineer's Office) (co.pennington.mn.us)
  29. MnDOT Access Management Manual, Chapter 4 (Minnesota statewide rule), quoted and re-checked
  30. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  31. Pennington County Board minutes, February 23, 2021, quoted and re-checked
  32. Smiley Township Zoning Ordinance (Smiley Township), quoted and re-checked
  33. Floodplain Regulations (Minnesota statewide rule), quoted and re-checked
  34. Storage Sheds and the Minnesota State Building Code (Minnesota statewide rule), quoted and re-checked

Written October 9, 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.

Answers from the rulebook for Smiley Township

Smiley Township’s own rules

  • Building permitRequired

    New structures, additions, moved structures, specified construction completion, increased building square footage, footprint changes, and specified use changes in Smiley Township.

    • The ordinance calls this a Zoning Permit Application.
    • The application must be submitted before the enumerated work or change.
    • An application must be signed, filed with the Town Clerk, and accompanied by a site plan.
    “On and after the effective date of this Ordinance no person shall erect a new structure, add an addition to a structure, move an existing structure, complete any construction on a site currently without buildings, complete any construction on a non-residential site with the intent of converting it to a residential site, increase the square footage of an existing building, change the footprint of an existing structure, or change the primary usage of an existing building to a non-permitted use, without first completing and submitting a Zoning Permit Application.”
  • Local zoningPresent (with conditions)

    Land in the unincorporated areas of Smiley Township.

    • The ordinance identifies an official zoning map maintained by the Town Clerk.
    “AN ORDINANCE PROVIDING FOR THE ZONING OF THE UNINCORPORATED AREAS OF SMILEY TOWNSHIP, PENNINGTON COUNTY, MINNESOTA”
  • Zoning districtsPublished (with conditions)

    Unincorporated Smiley Township.

    • District locations are shown on the Official Zoning Map, which is part of the ordinance and kept by the Town Clerk for public inspection.

    zoning districts: AR Agricultural Residential; SR Suburban Residential; UR Urban Residential; CM Commercial; ID Industrial; FP Flood Plain; AC Airport Clearance; PR Parks and Recreation; UA Urban Agriculture

    “The unincorporated area of the Township is hereby divided into the following Districts:”
  • Building heightDistrict specific (with conditions)

    Buildings in Smiley Township's AR – Agricultural Residential District.

    • The quoted table is the AR District performance-standard table.
    • The ordinance separately provides that all property, buildings, and structures must conform to the ordinance and that zoning permits may be required.

    maximum height for one-family buildings: 30 feet · maximum height for two-family buildings: 30 feet · maximum height for accessory buildings: 20 feet · maximum height for all other uses: 30 feet

    “B. Yard Requirements: | One Family | Two Family | Accessory Buildings | All Other Uses Lot Area (min sq. footage) | 4 acres | 4 acres | | 4 acres Lot Frontage | 300 | 300 | | 300 Lot Length | 300 | 300 | | 300 Front Yard Setback | 25 | 25 | 25 | 25 Rear Yard Setback | 35 | 35 | 25 | 25 Side Yard Setback | 25 | 25 | 25 | 25 Shoreland Setback | DNR | DNR | DNR | DNR Dwelling (min sq. footage/unit) | 900 | 900 | | Maximum sq. footage of Accessory Buildings | | | | Minimum Width | 20 | 20 | | Maximum Height | 30 | 30 | 20 | 30”
    2 more reviewed findings on this topic
    • District specific (with conditions) — One-family and two-family dwellings, accessory buildings, and all other uses in Smiley Township's AR – Agricultural Residential District.
      “B. Yard Requirements: One Family | Two Family | Accessory Buildings | All Other Uses [...] Maximum Height | 30 | 30 | 20 | 30”
    • District specific (with conditions) — One-family and two-family dwellings, accessory buildings, and all other uses in Smiley Township's SR – Suburban Residential District.
      “E. Yard Requirements for Platted Sub-divisions: One Family | Two Family | Accessory Buildings | All Other Uses [...] Maximum Height | 30 | 30 | 20 | 30”
  • Camping on your landLimited

    Camping in the Flood Plain and Parks and Recreation districts of Smiley Township.

    • Primitive camping in the Flood Plain District requires restroom facilities outside the flood plain.
    • Camping facilities or parks requiring improvements need a conditional use permit.
    • Primitive camping in the Parks and Recreation District may include outhouses only if they meet Pennington County septic-system regulations.
    “Primitive camping areas which are served by restroom facilities outside the flood plain.”
  • Off-grid sanitationLimited

    Sewage disposal facilities inside Smiley Township where a sewer is not constructed or in operation.

    • Facilities must use approved septic tanks and disposal fields meeting at least Pennington County and Minnesota minimum standards.
    • Temporary construction sites and portable units used in farming operations are excepted.
    • Connections must be made to the sewer system when sewers are available.
    “Unless sewers are constructed or in operation, all sewage facilities shall be connected to approved septic tanks and disposal fields meeting at least the minimum standards set forth by the County of Pennington and the State of Minnesota.”
  • Mandatory utility hookupConditional

    Sewage facilities inside Smiley Township.

    • The connection duty applies when sewers are available.
    • Temporary construction sites and portable units used in farming operations are excepted.
    • Absent constructed or operating sewers, sewage facilities must connect to approved septic tanks and disposal fields meeting county and state minimum standards.
    “Unless sewers are constructed or in operation, all sewage facilities shall be connected to approved septic tanks and disposal fields meeting at least the minimum standards set forth by the County of Pennington and the State of Minnesota. This provision shall not apply to temporary construction sites or portable units used in farming operation. When sewers are available, all connections shall be to the sewer system.”
  • Subdividing landRegulated (with conditions)

    Subdivision and plat-related construction inside Smiley Township.

    • Lots must meet district minimum size and width, Minnesota statutes, and Pennington County ordinances.
    • For AR higher-density subdivisions, the preliminary sketch must be approved before surveying and the final plat must be submitted following preliminary-sketch approval.
    • Final plats must meet recorder requirements.
    “No new construction which involves the subdivision of existing parcels shall be approved unless the lots within such plats shall be equal to, or exceed the minimum size and width as required for the District in which the property is located, and unless the plat fully conforms with the statutes of the State of Minnesota, and any ordinances of Pennington County, Minnesota, as adopted by the Pennington County Board of Commissioners.”
  • Driveway accessLimited

    Paving or resurfacing a new or existing driveway inside Smiley Township.

    • This finding is limited to paving or resurfacing; the ordinance passage does not resolve all driveway construction or highway-access approvals.
    “Paving or resurfacing a new or existing driveway will not require a permit.”
  • Building in a floodplainLimited

    Development within Smiley Township's FP – Flood Plain District, covering areas within the 100-year floodplain established by FEMA.

    • Primitive camping is permitted only when restroom facilities are outside the flood plain.
    • Permitted agricultural uses are limited to general agriculture, forestry, pasture, and commercial gardening.
    • Permitted recreational uses are limited to nature study, walking, hiking, picnic grounds, and undeveloped recreational areas.
    • Trails, improved camping facilities or parks, and alterations affecting water movement require conditional use permits.
    • All zoning permits must include a complete site plan.
    • Any building or construction within the district must be approved by the appropriate federal and state agencies.

    floodplain basis: 100-year flood plain established by the Federal Emergency Management Agency

    “The purpose of the Flood Plain District is to prevent flood incompatible development in areas which fall within the 100 year flood plain as established by the Federal Emergency Management Agency. [...] Any building or construction within the District must be approved by the appropriate Federal and State agencies.”
  • Permit feesPublished (with conditions)

    Township zoning permits, conditional-use permits, zoning amendments, and variances in Smiley Township.

    • The Town Board may establish construction and other-use fees; the fee structure is reviewed annually and may be amended by resolution.
    • Conditional-use permits, zoning amendments, and variances each have a stated $500 application fee.

    zoning permit fee: 150 USD (construction of a new home or business) · zoning permit fee: 75 USD (all other uses)

    “Fees for a Zoning Permit shall be $150 for the construction of a new home or business and $75 for all other uses. The Town Board shall have the right to establish fees for construction and all other uses, said fee structure be reviewed on an annual basis and may be amended by resolution.”
  • Permit processPublished (with conditions)

    Township zoning-permit applications in Smiley Township.

    • The application must be signed by the applicant or agent, filed with the Town Clerk, and accompanied by a site plan.
    • The application must describe the work, estimated cost, and present and proposed property or structure use.
    • Floodplain, shoreland, septic, wetland, and feedlot requirements must be cleared.
    • The Town Board must act within 60 days after all required information, subject to a written extension of up to 60 additional days.

    initial decision period: <= 60 days (after all required information is received) · maximum extension: <= 60 days (written notice stating reason for extension)

    “The Town Board shall take action to approve or deny a written application for any action related to this ordinance within 60 days of receiving all the required information. The time line may be extended by up to 60 additional days upon written notification to the applicant stating the reason for the extension.”

Rules another office applies inside Smiley Township

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

  • Minimum dwelling sizeSpecified

    One-family and two-family dwellings in the AR—Agricultural Residential District.

    • The listed requirement is in the AR district's yard-requirements schedule.
    • A dwelling outside a high-density subdivision also must meet the district's four-acre, width, frontage, and parcel-location requirements.

    minimum dwelling floor area: 900 square feet per unit (one-family and two-family dwellings)

    “Dwelling (min sq. footage/unit) | 900 | 900”
  • Minimum lot sizeSpecified

    One-family and two-family dwellings in the AR—Agricultural Residential District.

    • Unless in a high-density subdivision, each dwelling must be located on at least a four-acre lot.
    • The schedule also lists 300-foot lot frontage and 300-foot lot length for the listed residential uses.

    minimum lot area: 4 acres (one-family and two-family dwellings)

    “Unless located in a high density subdivision, each dwelling must be: located on at least a four acre lot, be at least 20 feet wide, have 200 feet frontage on an existing road, and be located entirely within a quarter-quarter section on a separately owned parcel.”
  • SetbacksSpecified

    One-family and two-family dwellings in the AR—Agricultural Residential District.

    • Shoreland setback is listed as DNR in the schedule.
    • Road-centerline setbacks are 150 feet for State Highway, 100 feet for County Road, 100 feet for Local Street, and 70 feet for Frontage Road.

    front yard setback: 25 feet (one-family and two-family dwellings) · rear yard setback: 35 feet (one-family and two-family dwellings) · side yard setback: 25 feet (one-family and two-family dwellings)

    “Front Yard Setback | 25 | 25 | 25 | 25 Rear Yard Setback | 35 | 35 | 25 | 25 Side Yard Setback | 25 | 25 | 25 | 25”
  • Manufactured homesAllowed (with conditions)

    Manufactured or mobile homes in Smiley Township's AR—Agricultural Residential District.

    • The home must meet Minnesota Statutes sections 327.31 through 327.34.
    • Town Board approval is required.
    “Manufactured or mobile homes will be permitted, but must meet Minnesota Statutes: Section 327.31 – 327.34 and be approved by the Town Board.”
  • Septic permitRequired

    New and replacement subsurface sewage treatment systems serving land inside Smiley Township.

    • The responsible local unit of government administers the SSTS permit program.
    • The source authorizes the local government to require permits for all or certain repairs.
    “Permits must be required for all new construction and replacement. A local unit of government is authorized to require permits for all or certain types of SSTS repairs.”
  • Septic inspectionRequired

    New and replacement SSTS serving land inside Smiley Township.

    • Inspection-related infield verification must occur before issuance of a certificate of compliance.
    • An advanced inspector is required for the specified Type IV and V systems, ISTS design flow greater than 2,500 gallons per day, and MSTS.
    “The infield verification of the periodically saturated soil or bedrock must occur prior to issuance of the certificate of compliance.”

Still unanswered

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

  • Owner-builder exemption — Owner-built residences inside Smiley Township.
  • Building code adopted — Building construction inside Smiley Township.
  • Inspections — Building construction inside Smiley Township.
  • Certificate of occupancy — Buildings inside Smiley Township.
  • Lot coverage — Lots inside Smiley Township.
7 more unanswered
  • Living in an RV
  • Tiny homes
  • Accessory dwellings
  • Who permits septic
  • Well permit
  • Agricultural exemption
  • Short-term rentals

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.

Unanswered questions are usually a sign that Smiley Township publishes no rule on the point, not that none exists. Pennington County’s page lists the county offices to call.

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