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Building Department FAQ’S
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Q. What are the hours of operation for the Building Department?
A. The Building Department is open 9:00AM to 5:00 PM Monday through Friday. During the months of July and August, the hours are from 9:00 AM to 4:00 PM. The office is located on Redwood Lane, behind Town Hall.
Note: The Building Department does not accept applications for projects within the Village of the Branch, Village of Nissequogue or Head of the Harbor. Village Building Departments
Q. How can I speak to an Inspector?
A. Inspectors are generally available from 4:00 to 4:30 PM. During the months of July and August, the hours are from 3:00 to 3:30 PM
Q. What uses are permitted on my property?
A. Refer to the Town Code online or at Town Hall.
Q. Can building permit applications be sent through the mail?
A. We will accept permit applications by mail provided all criteria in the instruction packet is met. Applications will be returned for any missing information or paperwork.
Q. Can I view the original plans for my house?
A. You may request a microfilm search. There is no charge to review records. FOIL Form - for Public Access Records
Q. Does my property have all the necessary Certificates of Occupancy/Compliance?
A. We will do a search of the records to see if all permits have certificates. Obviously any work done without permits will not have a certificate. If your house was built before building permits were required (1947) you may request a History Letter (Letter in Lieu).
Q. Can I get a copy of my Certificate of Occupancy/Compliance?
A. You can purchase a duplicate copy of your CO/CC with a raised seal. Fee applies Duplicate CO/CC or History Letter Request
Q. What is the Suffolk County Tax Map (SCTM) Number of my property?
A. Your Tax map Number is indicated on the copy of your property tax bill or you can identify your property utilizing the towns Tax Map Search.
Q. What is the zoning of my property?
A. Check with Building or Planning Department.
Q. What are the setbacks in my area?
A. A table or chart of zoning requirements is available in the Town Code Section 322 Zoning boundaries and situations require a detailed determination in some cases. Bring a survey in for additional help/information.
Q. Is it possible to obtain property setbacks over the telephone?
A. We request that you bring a copy of your survey to the building department in order to determine the proper setbacks
Q. Is a survey of my property on file and can I get a copy?
A. There may be a microfilm copy of a survey. We do not survey properties. A request should be made in person. If we have a copy it can be purchased. Fee applies – Click here for a schedule of fees
Q. What is needed to obtain a building permit? A. We have applications and instructions at the building department and can answer questions based on specific work proposed.
Q. Is a building permit required for a fence?
A. A permit is required for any fence over 4 feet in height.
Q. Where may I put a fence on my property?
A. A fence not exceeding four feet in height above existing natural or approved grade may be erected on any portion of a lot except on a corner lot, which shall observe corner clearance. Fences from 4 - 6 feet in height shall not be located within the required front yard. Corner lots shall not have fences encroaching into minimum required front yards on either street.
Q. Must I put the finished side of a fence outward?
A. All posts and structural members shall face inward and not be exposed to neighboring properties.
Q. Is a building permit required for a shed?
A. All sheds over 50 sq.ft. require a building permit. Sheds over 144 sq.ft. will be considered accessory buildings.
Q. Where may I put my shed/accessory building?
A. Sheds cannot be in the required front or side yards. One shed less than 240 sq.ft. and less than 8 feet in height may be 3 feet from any lot line when in the required rear yard. Please check zoning for sheds/accessory buildings over 8 feet in height or over 240 sq.ft. Shed Code
Q. Is a building permit required for all swimming pools?
A. A building permit is required when a receptacle for water or an artificial pool capable of holding water to depth any point of more than 24 inches at any point designed or intended for the purpose of immersion or partial immersion therein of human beings and including all appurtenant equipment. There are specific applications for pool permits indicating type of pool, vinyl, gunite or concrete – in ground, above ground etc.
Q. How high must a fence be when you have a swimming pool?
A. At least 4 feet no higher than 6 feet for all pools either around your property or around the pool with self-latching gates. The fence shall be included on the pool permit.
Instruction for Applications
Q. Is a building permit required for new roof?
A. Not for simple re-shingling or re-covering but if there are changes in the roofline or new gables or pitches are included then a permit is required.
Q. How many layers of shingles can I add to an old roof?
A. New York State code permits a maximum of two layers of shingles.
Q. Is a building permit required for a deck?
A. Decks over 18 inches in height require a permit (measured from lowest point of the natural or approved grade). Any new deck constructed after June 1, 2009 and over 8 inches in height will require a permit. The deck code information is available at the building department and at the Planning Department. See Deck Code/Deck (zoning) Location
Q. Is a building permit required for new windows?
A. If the header is changed or the opening made wider, then a permit is required If the window is made smaller, it may violate the building code for minimum natural light and ventilation and openings for emergency egress. Permits are always required for skylights.
Q. Can I convert my basement to bedroom, playroom or other living space?
A. New York State Building codes only permit habitable space within a basement if the minimum ceiling height, smoke detector and egress requirements are met. See Finished Basements
Q. What are the residential fees for a building permit?
A. Fees depend on the size and type of project and square footage and most have a base fee. There is always a fee for a Certificate of Occupancy or Compliance. All Fees must be paid when applying for a building permit. Fees indicated were in effect as of February 2006. The fee schedule listed is occasionally changed and is provided to determine an approximate fee. If you wish to obtain an accurate fee, please contact the Town of Smithtown Building Department. Click here for a schedule of fees
Q. How long is a building permit valid for?
A. A permit is good of one year from date of issue and may be renewed for one year only. After that a new permit will be required.
Q. How do I get a History Letter?
A. You must bring a recent copy of your survey along with a copy of the assessor’s records so we may process this request. Fee applies – Click here for a schedule of fees
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