Bolthole Index

Madison County, New York

Building permits, zoning and land rules in the Town of Smithfield, New York

The Town of Smithfield in Madison County requires building permits for work that must meet the building or energy code, subject to listed exemptions, and the Town administers its own land-use rules.12 Travel trailers and motor homes cannot be used as residences in the Town.3 Septic-system work involves the Town Code Enforcement Officer and Madison County Public Health.4

At a glance

Building permit
Required for code-regulated work, subject to listed exemptions1
Zoning
Local land-use rules are administered by the Town2
Septic
Town permitting with county public-health review and guidance4
RV living
Travel trailers and motor homes may not be used as residences3
Minimum lot size
Generally 1 acre, or 2 acres when an alternate septic system is required5
Setbacks
Generally 60 feet front and 30 feet at the rear and sides6
Owner-builder
No general exemption from building permits or inspections confirmed7

Who to call

Building permits

Town of Smithfield Codes Enforcement Office

Town building permits, zoning review, construction inspections and certificates of occupancy

716-471-3816

5255 Pleasant Valley Road, Cazenovia, NY 13035

Septic permits

Madison County Public Health — Water & Septic

Septic placement guidance, percolation and deep-hole test observation, and review of alternative onsite wastewater designs

315-366-2526

[email protected]

138 N Court Street - Building 5, Wampsville, NY 13163

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 Town of Smithfield means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in the Town of Smithfield, NY?

Yes. The Town of Smithfield requires a building permit before work begins on construction, enlargement, alteration, improvement, removal, relocation or demolition that must conform to the Uniform Code or Energy Code.1 A qualifying one-story detached accessory structure associated with a one- or two-family dwelling may be exempt when it is no larger than 144 square feet, but exempt work must still comply with the codes.1 Permitted work must remain accessible and exposed until the Code Enforcement Officer or an authorized inspector accepts it.8 A certificate of occupancy or compliance is required for work covered by a building permit and when a structure or part of one changes to another use or occupancy classification.9

Who issues building permits in the Town of Smithfield?

The Town of Smithfield Code Enforcement Officer administers the Town land-use law and the New York State Uniform and Energy Codes.10 The application process begins with the Code Enforcement Officer, who helps identify the proper application and any referral to the Planning Board or Zoning Board of Appeals.11 After that review, the Town Clerk accepts the applicable fee, handles required legal notices and sends any necessary county referral.11 Building-permit applications must include liability-insurance and workers’ compensation documentation.11 Reach the Town Codes Enforcement Office at 716-471-3816; its listed Town Hall address is 5255 Pleasant Valley Road, Cazenovia, New York.12 Town building-permit and inspection fees come from a schedule established by Town Board resolution and can change by later resolution.13

Does the Town of Smithfield have zoning?

The Town of Smithfield has its own Building and Development Control Local Law governing land uses, buildings, structures and mobile homes.2 The general minimum lot size is 1 acre, increasing to 2 acres when an alternate septic system is needed to meet New York standards.5 General setbacks are 60 feet at the front and 30 feet at the rear and each side; the law also calls for 200 feet of road frontage and 150 feet of lot depth.6 Buildings and structures may cover no more than 20% of a lot.14 The general building-height limit is 35 feet, with farm buildings exempt from that height rule.15 The Town Planning Board reviews subdivision applications and also reviews special-use permits where the local law requires one.16

How do septic permits work inside the Town of Smithfield?

Septic-system approval inside the Town of Smithfield involves both Town and county functions: the Town requires sanitary-system permitting and inspections through Code Enforcement, while Madison County Public Health reviews alternative onsite wastewater designs and observes percolation and deep-hole tests.4 Madison County’s published fee schedule lists a $125 per-system charge for onsite wastewater treatment system plan approval and inspection.17 Only 11.9% of Madison County soils are rated without severe limits for a conventional septic drain field, so arrange the soil evaluation before fixing the house location or purchase assumptions.18 Contact Madison County Public Health at 315-366-2526 or [email protected] for its review and testing process, and coordinate the Town sanitary-system permit with Code Enforcement.194

Can you live in an RV or tiny home in the Town of Smithfield?

A travel trailer or motor home cannot be used as a residence anywhere in the Town of Smithfield.3 That residential-use ban does not answer every question about short recreational stays, so ask Town Code Enforcement before camping temporarily on private land.12 The Town materials do not establish a separate tiny-home category or a general minimum size for every dwelling, so a proposed tiny house needs a project-specific classification and code review from Town Code Enforcement.12 The local law does set a 1,200-square-foot minimum living area for a double-wide mobile dwelling, excluding basements, garages, attics and similar non-habitable space.20 Mobile homes have separate siting and occupancy restrictions, including placement on a farm or in a licensed mobile-home park and a certificate of occupancy before use.21

Building a home in the Town of Smithfield: what are the steps?

  1. Start with the Town Code Enforcement Officer to confirm the proposed use, lot standards, setbacks and whether Planning Board or Zoning Board review is needed.11
  1. Arrange septic placement and soil testing with Madison County Public Health, then coordinate the Town sanitary-system permit before committing to a house site.194
  1. Confirm which road authority controls the frontage; a new driveway onto a Madison County road requires a county driveway permit, while building or modifying access on a state highway requires a state permit.2223
  1. Submit the building-permit application, plans and required insurance documentation to Town Code Enforcement.11
  1. Keep permitted work exposed for the required construction inspections.8
  1. Obtain the certificate of occupancy or compliance before occupying the completed home.9

What should you check before buying land in the Town of Smithfield?

Ask Town Code Enforcement to confirm that the parcel can support the proposed use within the lot, frontage, depth, setback, coverage and height rules.561415 Check septic feasibility early because an alternate septic system changes the Town’s general minimum lot size from 1 acre to 2 acres.5 Confirm whether access is from a Town, county or state road before budgeting driveway work; Madison County and New York State have separate permit paths for roads they control.2223 We could not confirm a general private-well permit rule, public-water or sewer connection mandate, accessory-dwelling rule or complete Smithfield floodplain procedure, so ask Town Code Enforcement and Madison County Public Health before closing.1219 Madison County’s effective property-tax rate is 2.3%, and its median annual property-tax bill is $4,058; both are county-level figures rather than parcel estimates.2425

Watch-outs

  • A parcel that needs an alternate septic system must meet a 2-acre minimum instead of the Town’s general 1-acre minimum.5
  • Travel trailers and motor homes cannot be used as residences in the Town of Smithfield.3
  • A mobile home is not treated like an RV: placement is restricted, a Town permit is required, and occupancy requires a certificate of occupancy.21
  • We could not confirm a general owner-builder exemption from Town building permits or inspections; ask Town Code Enforcement what documentation applies when the owner acts as general contractor.12

Sources

  1. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  2. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  3. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  4. Town of Smithfield Fee Schedule 2022 (Town of Smithfield), quoted and re-checked
  5. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  6. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  7. State & Municipal Workers’ Compensation Requirements, quoted and re-checked
  8. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  9. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  10. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  11. Applications and Permits – Town of Smithfield (Town of Smithfield), quoted and re-checked
  12. Town of Smithfield Codes Enforcement Office (townofsmithfield.com)
  13. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  14. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  15. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  16. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  17. Plan Review Fee Schedule, quoted and re-checked
  18. 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
  19. Madison County Public Health — Water & Septic (madisoncounty.ny.gov)
  20. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  21. Building and Development Control Local Law, Town of Smithfield (Town of Smithfield), quoted and re-checked
  22. Frequently Asked Questions - Highway Department, quoted and re-checked
  23. Residential Driveway Permits (New York statewide rule), quoted and re-checked
  24. Effective property tax rate: Bolthole Index county data
  25. Median property tax bill: Bolthole Index county data

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 Town of Smithfield

Town of Smithfield’s own rules

  • Building permitRequired

    Construction, enlargement, alteration, improvement, removal, relocation, or demolition work inside Smithfield town that must conform to the Uniform Code or Energy Code.

    • No person may commence work requiring a Building Permit without first obtaining one from the Code Enforcement Officer.
    • Exemptions include certain small detached one-story accessory structures up to 144 square feet, certain playground equipment, shallow above-ground pools, fences, painting and similar work, listed portable equipment, equipment replacement, and limited repairs.
    • Permit exemptions do not authorize work violating the Uniform Code or Energy Code.

    maximum exempt detached accessory structure floor area: <= 144 square feet (one-story detached structure associated with a one- or two-family dwelling or qualifying townhouse use)

    “No person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.”
    One more reviewed finding on this topic
  • Building code adoptedAdopted

    Buildings, structures, and premises inside Smithfield town; the town administers and enforces the New York State Uniform Code and Energy Code through its Code Enforcement Officer.

    • The local law says inconsistent prior local laws are repealed and superseded by Article VI-A.
    • The Uniform Code is the New York State Uniform Fire Prevention and Building Code as currently in effect and as later amended.
    “This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code”
    2 more reviewed findings on this topic
  • InspectionsRequired

    Permitted construction inside Smithfield town.

    • Work must remain accessible and exposed until inspected and accepted.
    • Applicable inspection stages include the site before permit issuance, footing and foundation, slab preparation, framing, building systems, fire-resistant construction, solid-fuel appliances/chimneys/flues/gas vents, Energy Code compliance, and final inspection.
    • Required fire-safety and property-maintenance inspections also apply to public-assembly buildings, dormitories, multiple dwellings, and specified nonresidential buildings.
    “Work shall remain and accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer.”
    2 more reviewed findings on this topic
  • Certificate of occupancyRequired

    Any work inside Smithfield town that is the subject of a Building Permit, and structures or portions converted to another use or occupancy classification.

    • Permission to use or occupy work subject to a Building Permit is granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.
    • Prior inspection is required.
    • Where applicable, structural-observation or special-inspection reports and flood-hazard certifications must be provided at the applicant's expense.
    • A temporary certificate may allow occupancy for no more than six months if safety, fire protection, and egress conditions are met.

    temporary certificate maximum duration: <= 6 months

    “A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub classification to another.”
    2 more reviewed findings on this topic
    • Required — Any work inside Smithfield town that is subject to a building permit, and structures converted to another use or occupancy classification.
      “A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit”
    • Required — Buildings and structures inside Smithfield town after construction, alteration, or change in occupancy or use.
      “A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub classification to another.”
  • Local zoningPresent

    Land inside Smithfield town; the town administers its Building and Development Control Local Law and zoning-related reviews.

    • The local law states that no building or land may be used or occupied, and no building, structure, or mobile home may be erected, moved, or altered, unless conforming to the regulations.
    • Planning Board and Zoning Board of Appeals roles apply where required by the local law.
    “No building or land shall hereafter be used or occupied and no building, structure or mobile home or part thereof shall be erected, moved or altered unless in conformity with the regulation herein specified.”
    2 more reviewed findings on this topic
    • Present — Land inside Smithfield town; the Town of Smithfield adopted and administers its own Building and Development Control Local Law regulating land uses, buildings, structures, and mobile homes.
      “No building or land shall hereafter be used or occupied and no building, structure or mobile home or part thereof shall be erected, moved or altered unless in conformity with the regulation herein specified.”
    • Present — Land inside Smithfield town, including residential and other land uses regulated by the Town of Smithfield Building and Development Control Local Law.
      “No building or land shall hereafter be used or occupied [...] unless in conformity with the regulation herein specified.”
  • Minimum dwelling sizeSpecified

    Double-wide mobile-home dwelling units inside Smithfield town.

    • The cited minimum applies to the local-law definition of a double-wide mobile dwelling, not necessarily to every conventional single-family dwelling.

    minimum living space for double-wide mobile dwelling: >= 1200 square feet (basements, garages, attics, and similar non-habitable spaces excluded)

    “A single family residence structure containing not less than 1200 square feet of living space”
    One more reviewed finding on this topic
    • Specified — Double-wide mobile dwellings inside Smithfield town.
      “Double Wide Mobile Swelling – A single family residence structure containing not less than 1200 square feet of living space, exclusive of basements, garages, attics and similar spaces not constituting habitable space under the New York State Building Code”
  • Minimum lot sizeSpecified

    All uses, including single-family dwellings, and all structures inside Smithfield town under Building and Development Control Local Law Section 3.3.

    • Minimum is one acre unless an alternate septic system is required to comply with New York State standards, in which case minimum is two acres.
    • The law also requires 200 feet of road frontage and 150 feet of lot depth.

    minimum lot size: >= 1 acre (2 acres when an alternate septic system is required to comply with New York State standards)

    “Minimum lot size shall be one (1) acre unless an alternate septic system is required to comply with New York State standards, in which case the minimum lot size shall be two (2) acres.”
    One more reviewed finding on this topic
    • Specified — All uses, including single-family dwellings, and all structures inside Smithfield town, unless otherwise specified by the local law.
      “Minimum lot size shall be one (1) acre unless an alternate septic system is required to comply with New York State standards, in which case the minimum lot size shall be two (2) acres.”
  • SetbacksSpecified

    All uses and structures inside Smithfield town unless otherwise specified.

    • Minimum road frontage is 200 feet and minimum lot depth is 150 feet.
    • Setback measurement is governed by the local-law definition of setback and applicable right-of-way rules.

    minimum front yard setback: 60 feet · minimum rear yard setback: 30 feet · minimum side yard setback: 30 feet

    “Minimum front yard setback shall be sixty (60) feet. Minimum rear yard setback shall be thirty (30) feet. Minimum side yard setback shall be thirty (30) feet.”
    One more reviewed finding on this topic
    • Specified — All uses and structures inside Smithfield town under Section 3.3.
      “Minimum front yard setback shall be sixty (60) feet. Minimum rear yard setback shall be thirty (30) feet. Minimum side yard setback shall be thirty (30) feet.”
  • Lot coverageSpecified

    All uses and structures inside Smithfield town under Section 3.3.

    • Building(s) and structures are included in the coverage calculation.

    maximum lot coverage: <= 20 percent

    “Maximum area of lot coverage by building(s) or structures shall be twenty (20) percent.”
    One more reviewed finding on this topic
  • Building heightSpecified

    Buildings inside Smithfield town under Section 3.3.

    • Farm buildings are exempt from the 35-foot maximum.
    • Accessory structures have a separate maximum height of 20 feet.

    maximum building height: <= 35 feet (farm buildings exempt)

    “Maximum building height shall be thirty-five (35) feet (farm buildings shall be exempt from this requirement).”
    One more reviewed finding on this topic
  • Living in an RVProhibited

    Use of a travel trailer or motor home as a residence inside Smithfield town.

    • The local law defines travel trailers and motor homes separately from mobile homes.
    • This claim addresses residential use; it does not establish a general ban on temporary recreational parking.
    “No travel trailer or motor home shall be used as a residence within the Town of Smithfield.”
    2 more reviewed findings on this topic
  • Manufactured homesLimited

    Manufactured/mobile-home occupancy inside Smithfield town.

    • A mobile home may be placed only upon a farm or in a duly licensed mobile-home park and only after a Town Code Enforcement Office permit.
    • Occupancy requires a Certificate of Occupancy.
    • A farm parcel may have no more than one mobile home unless a Special Use Permit is issued.
    • A mobile home used as a residence must have an original manufacturer data plate showing a manufacture year of 1976 or later.
    • Driveway, septic system, and water supply must be installed and approved before placement.
    • Travel trailers and motor homes may not be used as residences.

    mobile-home manufacture year: >= 1976 year · mobile homes per farm parcel: <= 1 mobile home (unless a Special Use Permit is issued)

    “No mobile home shall be occupied, either as a residence or as a place of business, except upon the prior issuance of a certificate of occupancy by the Code Enforcement Officer.”
    One more reviewed finding on this topic
  • Who permits septicMixed (with conditions)

    Individual onsite wastewater systems inside Smithfield town are subject to town permitting and county public-health review or guidance, with state sanitary standards also referenced.

    • The town requires a permit and inspections through its Code Enforcement Officer.
    • Madison County Public Health reviews or approves alternative onsite wastewater designs and observes percolation and deep-hole tests.
    • The town permit materials require compliance with New York State Health Department regulations.
    “Review and approve alternative onsite waste water disposal system designs and construction”
  • Subdividing landRegulated (with conditions)

    Subdivision approval inside Smithfield town.

    • The Planning Board reviews and approves subdivision applications.
    • Required public hearing, notice, and county referral requirements apply in cases specified by the local law.
    “The planning board acts as the overall advisory body interpreting the land use laws ans policies set forth by the Town Board and has the authority to approve subdivisions,site plans and various other permits.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision applications inside Smithfield town.
      “The Planning Board shall continue to consist of seven (7) members to be appointed by the Town Board and it shall have all the powers and duties bestowed by this Local Law and by Article 16 of the Town Law of the State of New York, including the power to review and approve applications for Special Use Permits and Subdivision approval.”
  • Driveway accessLimited

    Driveways, driveway entrances, and exits associated with development inside Smithfield town.

    • The Planning Board may require changes or additions concerning yards, driveways, driveway entrances and exits, landscaping, and building location or height for safety, traffic, and adjacent-property protection.
    “The Planning Board may require changes or additions in relation to yards, driveways, driveway entrances and exits”
  • Building in a floodplainRequired

    Building-permit and certificate-of-occupancy work inside Smithfield town where flood hazards are applicable.

    • Flood hazard certifications must be provided where applicable before issuance of a Certificate of Occupancy or Certificate of Compliance.
    • The town permit form requires the applicant to identify whether the site is within a flood plain.
    “shall be provided to the Code Enforcement Officer prior toit he issuance of the Certificate of Occupancy / Certificate of Compliance: [...] Flood hazard certifications.”
  • Permit feesVariable (with conditions)

    Building permits, certificates, inspections, operating permits, and related Code Enforcement Officer actions inside Smithfield town.

    • The Town Board establishes the fee schedule by resolution.
    • The schedule may be amended by later resolution.
    • Fees are charged and collected for applications, permits, certificates, operating permits, fire-safety and property-maintenance inspections, and other covered actions.
    “A fee schedule shall be established by resolution of the Town Board of the Town,. Such fee schedule may thereafter be amended from time to time by like resolution.”
  • Permit processPublished (with conditions)

    Building and related permit applications inside Smithfield town.

    • The process starts with the Code Enforcement Officer.
    • The officer reviews the application and refers the project to the correct board if needed.
    • Only after review does the Town Clerk accept the appropriate fee, handle necessary legal notices, and forward referrals to the county for review.
    • Building Permit applications must include a Certificate of Liability Insurance and Workers' Compensation Insurance under New York State law.
    “The application process always​ starts with the code enforcement officer. They will assist in filling out the proper application and making sure the project is referred to the correct board (if needed).”
    2 more reviewed findings on this topic
    • Published (with conditions) — Applications for building, planning-board, ZBA, and related permits inside Smithfield town.
      “The application process always​ starts with the code enforcement officer.”
    • Published (with conditions) — Permit applications inside Smithfield town.
      “The application process always​ starts with the code enforcement officer. They will assist in filling out the proper application and making sure the project is referred to the correct board (if needed).”

Still unanswered

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

  • Owner-builder exemption — Owner-builders performing construction inside Smithfield town.
  • Zoning districts — Zoning-district publication for Smithfield town.
  • Camping on your land — Temporary camping on private land inside Smithfield town.
  • Tiny homes — Tiny-home occupancy inside Smithfield town.
  • Accessory dwellings — Accessory dwelling units inside Smithfield town.
7 more unanswered
  • Septic permit
  • Septic inspection
  • Off-grid sanitation
  • Well permit
  • Mandatory utility hookup
  • 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 Town of Smithfield publishes no rule on the point, not that none exists. Madison County’s page lists the county offices to call.

← All of Madison County: county rules, score and offices