Zoning, building permits and septic rules in Town of Smithsburg, Maryland

Town of Smithsburg’s own rules

• Building code adoptedAdopted (with conditions)

  Commercial and general building construction inside Smithsburg town limits

  • Adopted with local insertions, amendments and additions as listed in § 146-1 of the town code.
  • Local amendments to the 2015 IBC were not reviewed in full.

  “the international building code, 2015 edition, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments and additions:”

  One more reviewed finding on this topic

  • Adopted (with conditions) — One- and two-family dwellings inside Smithsburg town limits

    “the international residential code, 2015 edition, as adopted by the state of maryland in the maryland building performance standards (comar 05.02.07) is hereby amended with the following insertions, amendments and additions”

• Local zoningPresent (with conditions)

  Land inside Smithsburg town limits. Chapter 405 (Zoning) of the Town of Smithsburg code is the town's own zoning ordinance, adopted by the Mayor and Council.

  • Zoning districts are set by the zoning map under § 405-8, which was not opened; district names are therefore not confirmed here.
  • District dimensional limits are set in Attachment 2 (Table of Dimensional Requirements for Principal Uses) and use permissions in Attachment 1 (Table of Use Regulations); neither attachment was opened.

  “chapter 405 zoning [history: adopted by the mayor and council of the town of smithsburg 9-4-2001. amendments noted where applicable.]”

• SetbacksSpecified

  Completely detached accessory buildings of 100 square feet or less in gross floor area inside Smithsburg town limits

  • Principal-building setbacks are set per district in Attachment 2, which was not opened.
  • Accessory buildings greater than 175 square feet must be set back at least the longer horizontal dimension of the structure or the district minimum, whichever is less (§ 405-21).
  • No permanently placed accessory building may occupy an easement on a recorded subdivision plat (§ 405-21).

  side and rear setback for accessory building: >= 5 feet (applies to detached accessory buildings of 100 sq ft or less)

  “completely detached accessory buildings equal to or less than 100 square feet in gross floor area may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line.”

• Building heightSpecified

  All districts inside Smithsburg town limits as a general cap; Attachment 2 district maximum heights were not opened

  • Principal buildings may be extended to three stories, but not over 45 feet, if each side yard is increased 1/2 foot for each additional foot of height above the normal limit, in residential or commercial districts (§ 405-23(b)).
  • On lots with average finished slope over 7% grade, one additional story is allowed on the downhill side (§ 405-23(c)).
  • Listed farm, utility, tower and similar structures are exempt from the height limits (§ 405-23(a)).

  maximum height, principal building: <= 35 feet (or three stories; see § 405-23(b) for 45-foot extension) · maximum height, accessory building: <= 20 feet (barns, silos and listed farm structures exempt)

  “no principal building or structure shall exceed 35 feet or three stories in height, and no accessory building or structure shall exceed 20 feet in height; provided, however, that said height limitations shall not apply to barns, windmills, silos, or other accessory farm structures”

• Building in a floodplainRequired

  Activities proposed within identified floodplains inside Smithsburg town limits

  • Permits are issued only for activities that comply with the floodplain subsection (§ 405-26(a)(2)).
  • Floodplain maps and permit criteria in § 405-26(a) were not read beyond the purpose and administration paragraphs.

  “this protection is achieved through the review of all activities proposed within identified floodplains and by the issuance of permits for those activities that comply with the objectives of this subsection.”

Still unanswered

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

• Building permit — New residential construction inside Smithsburg town limits
• Owner-builder exemption — Owner-builder construction inside Smithsburg town limits
• Inspections — Inspections of new construction inside Smithsburg town limits
• Certificate of occupancy — Certificate of occupancy for new buildings inside Smithsburg town limits
• Zoning districts — Zoning districts inside Smithsburg town limits

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.

Off-grid gear

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

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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