Bolthole Index

Smith County, Kansas

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

51Index Score / 100
#43 of 105 in Kansas

Unincorporated Smith County, Kansas appears not to require a county building permit or apply county zoning12. Inside Smith Center, the city issues its own building permits and sets zoning, with inspections and a certificate of approval after covered work345. Septic permits stay with the county: the Smith County Health Department, not the city, administers onsite wastewater6.

At a glance

Building permit
Apparently not required by the county in unincorporated areas1
Zoning
No county zoning indicated; Smith Center has municipal zoning23
Septic permit
Smith County Health Department; $600 fee when the application comes before installation starts67
Off-grid wastewater
Approved septic, lagoon or alternative systems may be used8
RV or tiny home
Occupancy rules could not be confirmed; ask the County Clerk9
Agricultural use
Agricultural land and buildings are exempt from adopted zoning, except floodplain rules10
Well forms
Available through the Smith County Health Department11

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

clerk@smcoks.com

218 S. Grant, Smith Center, KS 66967

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 Smith County means bringing your own water and power. The kit we’d start with:

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

Unincorporated Smith County appears not to require a county building permit, and the county lists no building-permit, inspection or code-enforcement office1. Smith Center is different: within city limits, a separate permit is required before erecting, constructing, enlarging or improving a building or structure, while specified finishing work, sidewalks, patios and redecorating are exempt and fences require permits4. The city has adopted building provisions, but the current standard code incorporated by reference could not be identified from the available codification1213. Covered Smith Center work is inspected at the layout and foundation stages and again at completion14. An owner who personally builds a permanent home for the owner's own use inside Smith Center may do so only with a permit, an inspection and the Building Inspector's satisfaction as to the owner's ability, and may hire help only from city-licensed builders15. A certificate of approval records inspections and corrections for completed permitted work, and an owner doing qualifying work personally must receive one5.

Who issues building permits in Smith County, Kansas, and how do you reach them?

Smith County has no listed county building department for unincorporated construction, and building permits inside Smith Center come from the city rather than the county, so the Smith County Clerk is the practical first call for a parcel-specific land-use question149. The Clerk's office is at 218 S. Grant, Smith Center, KS 66967, phone 785-282-5110, and email clerk@smcoks.com9. The Smith County Health Department is at 119 S. Main, Smith Center, Kansas 66967, phone 785-282-6656, and provides wastewater-disposal and private-well forms plus onsite inspection through its sanitarian11. Smith County Road and Bridge is at 318 E Francis St., Smith Center, KS 66967, phone 785.282.5120, for questions involving county roads, bridges, drainage or culverts16. A driveway onto the Kansas state highway system requires Kansas Department of Transportation approval before work begins in the state right-of-way17.

Does Smith County have zoning?

County zoning is not indicated for unincorporated Smith County, although no explicit county resolution confirming its absence was located; ask the Smith County Clerk to verify the current status for a specific parcel29. Smith Center has its own municipal zoning, adopted as Ordinance 866 and available from the City Clerk; it does not establish a zoning rule outside the city318. Where Kansas county zoning has been adopted, agricultural land and buildings used only for agricultural purposes are exempt, except from floodplain regulations1019. Kansas law makes lot size, setbacks, lot coverage and building height depend on the applicable local zoning classification rather than statewide dimensions20212223. Subdivision and qualifying survey plats still receive county surveyor or designated-surveyor review before recording, even where ordinary zoning is not indicated24.

How do septic and well permits work in Smith County, Kansas?

Smith County Health Department issues septic permits under the Smith County Sanitary Code and offers a wastewater application/permit form and onsite inspection through its sanitarian62511. A completed application and plans go to the Health Department before construction, and the sanitarian has 30 working days to accept or deny; after approval the installer must give 24 hours' notice before starting work, and the system must be inspected before it is covered26. The fee is $600 when the application arrives before installation starts, and an administrative fee of $200 applies if a system is covered before inspection without approval or work starts without notice7. Kansas allows domestic wastewater to go to an approved collection system, lagoon, septic system, alternative system or permitted treatment plant; that statewide rule does not prove that every parcel must connect to a public sewer27. Off-grid sanitation can therefore use a properly designed and maintained approved onsite system or lagoon, subject to the county code and state standards288. Seepage pits, cesspools and dry wells are prohibited for domestic wastewater disposal29. The Health Department also lists a Private Well Construction Permit form and onsite-well inspection, but we could not confirm when the county requires that permit; ask the sanitarian before drilling11.

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

We could not confirm an RV-occupancy, tiny-home, manufactured-home or minimum-dwelling-size rule for unincorporated Smith County; ask the Smith County Clerk for the rule that applies to the parcel9. The apparent absence of county zoning does not by itself establish that long-term RV or tiny-home occupancy is allowed2. Any occupied home still needs an approved wastewater arrangement, such as an approved septic system, lagoon, alternative system or permitted treatment plant8. Manufactured homes remain subject to any applicable city or county zoning, although Kansas law limits a local government's ability to exclude them across its entire zoning jurisdiction30. Inside Smith Center, municipal zoning and city building provisions apply instead of the rural county answer313.

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

  1. Ask the Smith County Clerk to confirm whether any county zoning, setback, floodplain or subdivision rule applies to the parcel9.
  2. Confirm the road authority; contact Road and Bridge for county-road access, or obtain a Kansas Department of Transportation permit before working on a state-highway right-of-way1617.
  3. Take the well and wastewater plan to the Smith County Health Department and obtain the forms and approvals the sanitarian says apply116.
  4. Use an approved wastewater system and rule out seepage pits, cesspools and dry wells2829.
  5. If the parcel is in Smith Center, secure the city building permit before covered work, schedule required inspections and obtain approval at completion4145.
  6. If regulated fill is proposed in a designated stream or mapped floodplain, obtain the required state floodplain permit and check for additional local approvals31.

What should you check before buying land in Smith County?

About 41.6% of Smith County soils avoid severe limits for a conventional septic drain field, so a site evaluation matters even though much of the county may be workable32. About 98.8% of the land has a slope of 15% or less, and about 4% is wooded3334. Annual precipitation is about 26 inches, while severe drought occurs in about 13.2% of years, making well yield and water planning worth resolving before closing3536. Population density is about 4 people per square mile, and the nearest city of 100,000 or more is roughly 132 miles from the county center3738. Farmland value averages about $2,263 per acre, and the effective property-tax rate is about 1.7%, with a median annual bill of about $1,503394041. Confirm wastewater and well feasibility with the Health Department and legal access with the appropriate road authority before buying1116.

Watch-outs

  • Smith Center's webpage lists a $25 building-permit application fee, while its codified building article lists $10; confirm the current amount with the city before applying413.
  • No RV, tiny-home or minimum-dwelling-size rule was confirmed for unincorporated Smith County; ask the County Clerk before buying for those uses9.
  • An agricultural zoning exemption does not override floodplain regulation or unrelated permit requirements10.
  • Smith County Health Department lists a Permit and License Fees download, but we could not read its amounts, so confirm any well or other environmental fee with the sanitarian4211.

Sources

  1. Smith County, Kansas (official county website) (2026 county census)
  2. Smith County, Kansas (official county website) (2026 county census)
  3. Ordinances | Smith Center Kansas, quoted and re-checked
  4. Building & Fence Permits, quoted and re-checked
  5. Chapter IV: Buildings and Construction, quoted and re-checked
  6. Smith County, Kansas - Health Department, quoted and re-checked
  7. Administrative Procedures for Private Wastewater Disposal Systems — Permit Fees, quoted and re-checked
  8. MF2214 Minimum Standards for Design and Construction of Onsite Wastewater Systems, quoted and re-checked
  9. Smith County Clerk (ks1495.cichosting.com)
  10. K.S.A. 19-2908 — Zoning regulations inapplicable to existing structures or agricultural land; exceptions, quoted and re-checked
  11. Smith County Health Department (ks1495.cichosting.com)
  12. Smith Center - Buildings and Construction, quoted and re-checked
  13. Chapter IV: Buildings and Construction, quoted and re-checked
  14. Chapter IV: Buildings and Construction, quoted and re-checked
  15. Chapter IV: Buildings and Construction, quoted and re-checked
  16. Smith County Road and Bridge (ks1495.cichosting.com)
  17. Kansas Administrative Regulations, Highway Entrance Permits 36-3-6, quoted and re-checked
  18. Smith Center - Zoning and Planning, quoted and re-checked
  19. K.S.A. 19-2908 — Zoning regulations inapplicable to existing structures or agricultural land; exceptions, quoted and re-checked
  20. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  21. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  22. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  23. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  24. K.S.A. 58-2005 — Review of survey plats; requirements; procedure; costs; recording of plat, quoted and re-checked
  25. County Environmental / Sanitary Codes, quoted and re-checked
  26. Smith County Public Health Department, quoted and re-checked
  27. Minimum Standards for Design and Construction of Onsite Wastewater Systems, quoted and re-checked
  28. Minimum Standards for Design and Construction of Onsite Wastewater Systems, quoted and re-checked
  29. Minimum Standards for Design and Construction of Onsite Wastewater Systems, quoted and re-checked
  30. K.S.A. 75-1218 — Exemption from construction codes; zoning (Kansas statewide rule), quoted and re-checked
  31. Stream and Floodplain Permits, quoted and re-checked
  32. 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
  33. Share of land at 15% slope or less: Bolthole Index county data
  34. Wooded share of land: Bolthole Index county data
  35. Annual precipitation: Bolthole Index county data
  36. Share of years in severe drought: Bolthole Index county data
  37. Population density: Bolthole Index county data
  38. Straight-line distance from the county center to the nearest city of 100,000+ people: Bolthole Index county data
  39. Farmland value per acre (USDA census): Bolthole Index county data
  40. Effective property tax rate: Bolthole Index county data
  41. Median property tax bill: Bolthole Index county data
  42. Smith County Public Health Department, 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.

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Compared with neighboring counties

Like 4 of the 5 neighbors with published rules, Smith County has no countywide zoning.

RuleSmith CountyOsborne CountyPhillips CountyJewell CountyMitchell CountyRooks CountyRussell County
Building permitNot requiredNot requiredNot requiredNot requiredLimitedRequiredLimited
County zoningNoNoNoNoNoNot publishedYes
Septic permitsCounty Health Dept.County Health Dept.Phillips CountyCounty Health Dept.County Health Dept.Rooks CountyRussell County

County locator

Smith County in Kansas

51
County map
Smith County highlighted among the Kansas counties · colored by Index score

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%Soils rated "not limited" for septic (strict USDA rating)
238,412 acWorkable land screen
4%Wooded land
23.4 tonsBiomass / forest ac
52.9°FAvg temp

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Cities and towns in Smith County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Athol · Banner Township · Beaver Township · Blaine Township · Cedar · Cedar Township · Center Township · Cora Township · Crystal Plains Township · Dor Township · Garfield Township · Gaylord · German Township · Harlan Township · Harvey Township · Houston Township · Kensington · Lane Township · Lebanon · Lincoln Township · Logan Township · Martin Township · Oak Township · Pawnee Township · Pleasant Township · Smith Center · Swan Township · Valley Township · Washington Township · Webster Township · White Rock Township

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

    Onsite wastewater administration in Smith County, including the county sanitary code and wastewater approvals.

    • KDHE lists a Smith County Sanitary Code adopted January 1995.
    • The Smith County Public Health Department identifies its environmental-sanitation sanitarian as available for onsite well and wastewater inspection and lists wastewater application/permit forms.
    • State minimum standards and other applicable regulations still apply.
    “Environmental Sanitation ( Sanitarian available for on-site well, waste water inspection, treatments and more)”
    One more reviewed finding on this topic
    • County — Onsite wastewater and septic regulation in Smith County, including the county sanitary-code program.
      “Smith County Sanitary Code Adopted January 1995 (PDF)”
  • Septic permitRequired

    Construction or reconstruction of a private wastewater disposal system in Smith County, including new installation or modification of an existing system.

    • The homeowner or contractor must contact the local health department for the document and application form.
    • A completed application and required plan materials must be submitted to the county health department for approval before construction or reconstruction.
    • The sanitarian has thirty working days to accept or deny the permit; if thirty days elapse, the permit is considered accepted.
    • After approval, the applicant or contractor must notify the sanitarian twenty-four hours before starting work.
    • The system must be inspected before it is covered, subject to an exception for time and weather; permits are then granted for approved systems.
    • The county health department may inspect the wastewater system at any time for compliance with county sanitary codes.
    • The procedures are expressly effective July 1, 2022.

    application decision period: 30 working days (If the period elapses, the permit is considered accepted.) · pre-work notice: 24 hours

    “Environmental Sanitation ( Sanitarian available for on-site well, waste water inspection, treatments and more) [...] Waste Water Disposal System Application/Permit”
  • Permit feesPublished (with conditions)

    Permit fees for private wastewater disposal systems administered through the Smith County Health Department.

    • Permit fees are payable to the Smith County Health Department.
    • Permit fees are non-refundable.
    • If the system is covered before inspection without prior approval, or if there is failure to notify before starting system work, an administrative fee of $200 is imposed.
    • The procedures state they are effective July 1, 2022.

    fee when application is received before start of installation: 600 USD (Non-refundable.) · fee when application is received after start of installation: 200 + 600 USD (Non-refundable.) · administrative fee: 200 USD (Applies if the system is covered before inspection without prior approval or if there is failure to notify before starting system work.)

    “Downloadable Forms [...] Permit and License Fees”
    One more reviewed finding on this topic
    • Published — Smith County Public Health Department environmental-sanitation permits and related wastewater services.
      “Downloadable Forms [...] Permit and License Fees”
  • 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.”
  • Owner-builder exemptionAvailable

    An actual owner of commercial, residential, or farm property performing roofing services personally, or using employees to perform them, on the owner's own dwelling or another structure located on the residential or farm property owned by that person.

    • The work must be roofing services, including construction, installation, renovation, repair, maintenance, alteration, waterproofing, or removal of materials or structures.
    • The owner must perform the work personally or use employees; the exemption applies without the assistance of any registered roofing contractor.
    • The statute separately exempts roofing services whose aggregate price on each undertaking or project during any fiscal year is less than $2,000, but that exemption does not apply to a person who advertises or uses a sign, card, or other device indicating that the person is a roofing contractor or qualified to engage in that business.
    • An administrative or governing body with authority to enter into public contracts must require individual roofing-contractor registration for persons submitting or entering into a public bid or contract.
    • This is a roofing-registration exemption only; it does not establish a general exemption from local contractor licensing, building permits, or inspections.
    “The roofing contractor registration act shall not apply to:(1) An actual owner of commercial, residential or farm property who physically performs, or has employees who perform, roofing services including, construction, installation, renovation, repair, maintenance, alteration, waterproofing or removal of materials or structures on such owner's own dwelling or another structure located on the residential or farm property owned by such person without the assistance of any registered roofing contractor;”
  • 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.”
    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.”
  • 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.”
    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.”
  • 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.”
  • 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”
    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”
  • 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”
  • 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”
  • 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”
  • 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”
  • 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.”
  • 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.”
    3 more reviewed findings on this topic
    • Allowed (with conditions) — Off-grid domestic sanitation in Smith County using an approved septic system, wastewater pond, approved alternative treatment and disposal system, or permitted sewage treatment plant.
      “approved alternative treatment and disposal system”
    • Prohibited — Seepage pits, cesspools, and dry wells used for domestic wastewater disposal in Smith County.
      “Seepage pits, cesspools, and dry wells (rat holes) are not permitted.”
    • Allowed (with conditions) — Domestic wastewater disposal through an onsite system or lagoon in Smith County, subject to Kansas requirements and the Smith County sanitary code.
      “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.”
  • 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.”
  • Mandatory utility hookupConditional

    Domestic wastewater from homes in Smith County, subject to Kansas statewide requirements.

    • Domestic wastewater must be discharged to an approved sewage collection system, approved lagoon, approved septic system, approved alternative system, or permitted sewage treatment plant.
    • The source does not establish that every Smith County parcel must connect to public water or public sewer.
    “an approved lagoon, septic system, or alternative system.”
    One more reviewed finding on this topic
  • 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”
    3 more reviewed findings 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.”
    • Available (with conditions) — Agricultural land and agricultural buildings in Smith County to the extent county zoning regulations are adopted under K.S.A. Article 29
      “Except for flood plain regulations in areas designated as a flood plain, [...] shall not apply to the use of land for agricultural purposes”
    • Available (with conditions) — Use of land for agricultural purposes and erection or maintenance of buildings thereon for agricultural purposes where county zoning regulations have been adopted under the Kansas zoning act
      “Except for flood plain regulations in areas designated as a flood plain, regulations adopted 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 erected thereon are used for agricultural purposes and not otherwise.”
  • Subdividing landRegulated (with conditions)

    Subdivision plats and survey plats required to be recorded in Kansas, including applicable plats in Smith County

    • Before recording, a subdivision plat or qualifying survey plat must be reviewed by the county surveyor or a land surveyor designated by the county.
    • The county is responsible for enforcement.
    • The county surveyor or designated surveyor must review closure of the exterior boundary, monumentation of the exterior boundary and United States public land survey corners, the legal description, and compliance with K.S.A. 58-2011.
    • A townhouse plat and condominium plat require additional statutory review.
    • A county board of commissioners may adopt additional review requirements by resolution, including review of proposed new tracts for compliance with zoning ordinances and regulations.
    • Review and approval costs may be charged based on actual costs approved by the board of county commissioners; no charge applies for deficiency-correction verification.
    • The board of county commissioners may waive review of survey plats other than subdivision, townhouse, and condominium plats.

    initial plat review deadline: 8 business days · amended plat review deadline: 3 business days

    “The county surveyor or other land surveyor designated by the county shall certify that such plat meets all the requirements of this act.”
    One more reviewed finding on this topic
    • Limited — Subdivision, resubdivision, or replatting in Kansas areas governed by locally adopted subdivision regulations.
      “All such plats shall be submitted to the planning commission or to the joint committee for subdivision regulation.”
  • 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.”
    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.”
  • 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”
    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”
    • 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”
  • 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.”
  • 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.”
    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.”
  • 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.”
  • 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”
    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.”

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.

  • Building permitLimited

    Erecting, constructing, enlarging, or improving a building or structure within the City of Smith Center, Smith County, Kansas.

    • A separate building permit must be obtained before the covered work begins.
    • The ordinance exempts addition, repair, or replacement of exterior and interior finishing materials, including shingles, siding, paneling, doors, and windows.
    • Construction of sidewalks and patios is exempt.
    • Redecorating is exempt.
    • Fence construction is regulated and requires a permit.
    • The City webpage states a $25 application fee; the codified Chapter IV PDF states in § 4-213 that the building-permit fee is $10, so the current fee should be confirmed with the City.
    • The cited ordinance provisions were passed on May 12, 1975, and April 13, 1995; no effective date is stated.

    application fee: 25 USD (Current City webpage; codified PDF states $10 in § 4-213.)

    “No person, firm or corporation shall erect, construct, enlarge or improve any building or structure in the city or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official. Provided, however, that the addition, repair or replacement of exterior and interior finishing materials, such as shingles, siding, paneling, doors and windows, and the construction of sidewalks and patios and activity more commonly referred to as redecorating shall not be considered being regulated by this section, and permits for such activity shall not be required. The construction of fences shall be regulated by this section and permit shall be required.”
  • Owner-builder exemptionConditional

    An owner personally performing building or construction work on the owner’s own residence for personal use and permanent occupancy in the City of Smith Center, Kansas

    • The owner must satisfy the Building Inspector as to the owner’s ability to perform the work.
    • The owner must secure a permit and pay required fees.
    • The work must comply with the building article.
    • The owner must apply for an inspection and receive a certificate of approval.
    • The work must be performed by the owner without compensation.
    • No person may be employed to assist except a builder or building contractor licensed by the City.
    “Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the Building Inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval.”
  • Building code adoptedPartial

    Building regulation and permitting within the City of Smith Center, Kansas.

    • A separate building permit is required before erecting, constructing, enlarging, or improving a building or structure in the city.
    • The code exempts exterior and interior finishing materials, sidewalks, patios, and redecorating from the permit requirement.
    • Fences are regulated and require a permit.
    • The owner may perform work on the owner's own residence only if the owner satisfies the Building Inspector, secures a permit, pays required fees, complies with the article, requests inspection, and receives a certificate of approval.
    • Section 4-202 is labeled RESERVED, while section 4-203 refers to a standard code incorporated by reference in section 4-202; the currently incorporated standard code was not established by the opened official material.

    building permit duration: not more than six months from date of issuance unless building work has commenced · building permit fee: 10 USD

    “§ 4-202 RESERVED. § 4-203 ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in § 4-202.”
    One more reviewed finding on this topic
    • Adopted (with conditions) — Building-code provisions administered within the City of Smith Center, Smith County, Kansas.
      “By ordinance, a building permit is required to erect, construct, enlarge, or improve or cause the same to be done, any building or structure within city limits.”
  • InspectionsRequired

    Building construction, additions, and other work covered by a building permit in the City of Smith Center, Kansas

    • For new construction or additions, the contractor or builder must notify the Chief Building Official or Building Inspector when the site and foundation are marked or laid out.
    • The official or inspector must inspect the layout and foundation/footing work as specified.
    • The Building Inspector may conduct additional successive-stage inspections directed by the Chief Building Official.
    • Upon completion of covered work, the person doing the work must notify the Building Inspector and request inspection.
    “The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the Chief Building Official or Building Inspector immediately upon the marking or laying out of the site and foundation for such work. The Official or Inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations.”
  • 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”
  • Local zoningPresent (with conditions)

    Zoning within the corporate limits of the City of Smith Center, Smith County, Kansas.

    • The cited rule is municipal and does not establish county zoning for unincorporated Smith County.
    • The zoning regulations were incorporated by Ordinance 866; the codification states Ordinance 866 was passed August 25, 1994, and Ordinance 873 was passed May 25, 1995.
    • A copy is filed with the City Clerk and is available for public inspection during reasonable business hours.
    “There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the city, as prepared by the city and consisting of Ord. 866 and entitled, “Zoning Ordinance of the City of Smith Center, Kansas”.”
    4 more reviewed findings on this topic
    • Present (with conditions) — Land within the incorporated City of Smith Center, Kansas.
      “There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the city, as prepared by the city and consisting of Ord. 866 and entitled, “Zoning Ordinance of the City of Smith Center, Kansas”.”
    • Present (with conditions) — Property within the incorporated City of Smith Center, Smith County, Kansas.
      “There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the city, as prepared by the city and consisting of Ord. 866 and entitled, “Zoning Ordinance of the City of Smith Center, Kansas”.”
    • Present (with conditions) — Zoning regulations within the City of Smith Center, a municipality in Smith County, Kansas.
      “There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the city, as prepared by the city and consisting of Ord. 866 and entitled, “Zoning Ordinance of the City of Smith Center, Kansas”. One copy of the zoning regulations, marked “Official Copy as Incorporated by Ord. No. 866” and to which there shall be a published copy of this section attached, shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours.”
    • Present (with conditions) — Zoning regulations within the City of Smith Center, an incorporated municipality in Smith County, Kansas.
      “ORDINANCE NO. 1033 Amending a partial section of Zoning Ordinance No. 866 An ordinance amending Articles XVI & XVII; section (3), of Ordinance No. 866 by amending the allowed use regulations in the zoning code.”

Set by your township or city, not the county

In Kansas, zoning is adopted by each township or city, so Smith County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.

  • Minimum dwelling size
  • Living in an RV
  • Camping on your land
  • Tiny homes
  • Accessory dwellings

Still unanswered

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

  • Septic inspection — Inspection of septic systems in Smith County, Kansas.

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. Owner-builders may act as their own contractor to build their home. 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.

How Smith compares in Kansas

Compare side-by-side →See all 105 Kansas counties ranked →