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Building Department

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1. Can building permit applications be sent through the mail?

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. Please mail your application to:
Building Department
P.O. Box 9090
Smithtown, NY 11787

2. Can I convert my basement to bedroom, playroom, or other living space?

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

3. Can I get a copy of the original plans for my house?

You may request a property search. There is no charge to review records.

4. Can I get copy of my Certificate of Occupancy/Compliance?

You can purchase a duplicate copy of your CO/CC with a raised seal. Fee applies. Duplicate CO/CC or History Letter Request

5. Does my property have all the necessary Certificates of Occupancy / Compliance?

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).

6. How can I speak to an Inspector?

Inspectors are generally available from 7:30 am to 8:00 am and from 3:30 pm to 4:30 pm. In the Months of July and August, the afternoon hours are from 2:30 pm to 3:30 pm.

7. How do I get a History Letter?

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. View fee schedule.

8. How high must a fence be when you have a swimming pool?

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

9. How long is a building permit valid for?

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.

10. How many layers of shingles can I add to an old roof?

New York State code permits a maximum of two layers of shingles.

11. Is a building permit required for a deck?

Decks over 8 inches in height require a permit (measured from lowest point of the natural or approved grade). The deck code information is available at the Building Department and the Planning Department. See Deck Code/Deck (zoning) Location

12. Is a building permit required for a fence?

A permit is required for any fence over four feet in height.

13. Is a building permit required for a finished basement?

Yes, over the years the need for additional space has made homeowners look to finish their basements for storage, media craft or playrooms. Some people have even places beds in their basements. Egress or lack of means of exit from your basement can be fatal. Other concerns besides egress are light and ventilation. If electric and plumbing were installed, were they done to code? Building permits are required for these reasons.

14. Is a building permit required for a shed?

All sheds over 50 sq.ft. require a building permit. Sheds over 144 sq.ft. will be considered accessory buildings.

15. Is a building permit required for all swimming pools?

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.

16. Is a building permit required for new roof?

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.

17. Is a building permit required for new windows?

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.

18. Is it possible to obtain property setbacks over the telephone?

We request that you bring a copy of your survey to the Building Department in order to determine the proper setbacks.

19. Is a survey of my property on file and can I get a copy?

There may be a 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

20. Must I put the finished side of a fence outward?

All posts and structural members shall face inward and not be exposed to neighboring properties.

21. What are the hours of operation for the Building Department?

The Building Department is open 9:00 am 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. No applications will be accepted one hour prior to close of business. Note: The Building Department does not accept applications for projects within the Village of the Branch, Village of Nissequogue or Head of the Harbor.

22. What are the setbacks in my area?

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.

23. What is needed to obtain a building permit?

Please review the following: Applications for Commercial & Residential Permits
We have applications and instructions at the building department and can answer questions based on specific work proposed. Addtns, alterations, accy. strctues, New Dwellings

24. What is the residential fees for a building permit?

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

25. What is the Suffolk County Tax Map (SCTM) Number of my property?

Your Tax map Number is indicated on the copy of your property tax bill or you can identify your property utilizing the Town's Tax Map Search.

26. What is the zoning of my property?

Check with Building or Planning Department.

27. What uses are permitted on my property?

Refer to the Town Code or contact the Planning Department at (631)360-7540.

28. Where may I put a fence on my property?

A fence not exceeding 4ft. in height above the existing natural or approved grade may be erected on any portion of a lot. Corner lot fences shall comply with corner clearance requirements (See § 322-16). No fence, wall or berm, or combination of, shall exceed 6ft. in height. No fence, wall or berm over 4ft. in height shall be located within the required front yard, except as otherwise provided in footnote #9 of the “Residence District Table of Dimensional regulations”.

29. Where may I put my shed/accessory building?

Sheds/accessory buildings cannot be located in the required front or side yards. When locating a shed in the required rear yard, one shed/accessory structure under 150 sq.ft. and less than 10 feet in height may be 2 feet from any lot line. Please check zoning for sheds/accessory buildings over 10 feet in height or over 150 sq.ft Shed code