Permits

The Middle Smithfield Township Supervisors adopted the International Building Codes effective January 1, 2004 as required by Pennsylvania Uniform Construction Code - Act 45. Most construction projects require a building permit, although there are exceptions.

Please see information below about Building Permits.  You can also get a copy of the building permit application here:

Click here for a PDF of the Building Permit Application

Things that require a Building Permit

New construction & additions:

• Fill out a building permit application in its entirety.
• Provide floor plans for each floor level including basement.
• Provide a detailed building cross-section.
• Provide elevation drawings for each elevation.
• Provide a plumbing DWV diagram.
• Provide a potable water supply diagram.
• Provide plans and specifications for HVAC
• Provide plans and specifications demonstrating energy code compliance.
• Provide electrical plan showing lighting, switching, receptacles, etc.

Roofing

• Fill out a building permit application. Fill out Parts I, II, and IV.
• Under Part I, Section A, check box 4, Repair, replacement.
• Provide a written description of the project. A written proposal from the contractor often will suffice. For example, the written description should include, but not be limited to:
  • Tear-off of existing roofing
  • Installation of ice and water shield
  • Installation of felt paper and flashing
  • Installation of the specific type of finish material to be used
  • Also pitch of the roof should be identified

Wood Stoves & Pellet Stoves

• Fill out a building permit application. Fill out Parts I, II, and IV.
• Under Part I, Section A, check box 3, Alteration.
• Provide the manufacturer's installation specifications for the model of stove and flue type.
• Provide a floor plan showing where the stove will be placed relative to walls.

Decks

• Fill out a building permit application. Fill out Parts I, II, III, and IV.
• Under Part I, Section A, check box 2, Addition.
• Under Part III, Section E check box 31, wood frame, and fill in square footage of deck at line 49.
• Provide a floor plan of the deck with stairs, and a cross-section of the proposed deck with pier footing details, beams, joist and connectors, along with railing.

Things that may not require a Building Permit

Although most construction projects require a building permit, the Pennsylvania Uniform Construction Code (PA UCC) under Sections 403.1, 403.42, and 403.62 provide a number of specific exemptions.

The following work does not require a building permit:

• Fully detached accessory buildings to single-family dwellings less than 200 square feet. *local amendment
• Agricultural Buildings. Agricultural buildings are defined under Section 7210.103 of the PA UCC as; "A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.” Horse barns for private use are considered agricultural, horse barns for commercial stables and equestrian training facilities are not considered agricultural.
• Manufactured and industrialized housing (mobile homes and modular homes). The UCC only exempts the work done at the factory. All work performed on-site must be inspected and be code compliant. Therefore, although the housing itself does not need a permit, installation of the housing unit does.
• Installation of tubing, piping, propane gas burning appliances, equipment or fixtures related to liquefied petroleum gas under the Propane and Liquefied Petroleum Gas Act (35 P. S. §§ 1329.1-1329.19).
• Alterations to residential buildings which do not make structural changes or changes to means of egress. Under this subsection, a structural change does not include a minor framing change needed to replace existing windows or doors.
• Ordinary repairs to residential buildings. Roof replacement is not an ordinary repair. A new roof requires a permit.
• Installation of aluminum or vinyl siding onto an existing residential or an existing commercial building.
• A recreational cabin if the following conditions are met:
  • The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters.
  • The owner of the cabin files one of the following with the municipality:
    • L&I Department form UCC-13 attesting to the fact that the building meets the definition of a recreational cabin.
    • A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin."
• Structures which are:
  • Erected for the purpose of participation in a fair, flea market, arts and crafts festival or other public celebration.
  • Less than 1,600 square feet in size.
  • Erected for a period of less than 30 days.
  • Not a swimming pool, spa or hot tub.
• Fences that are not over 6 feet in height.
• Retaining walls, which are not over 4 feet in height measured from the lowest level of grade to the top of the wall, unless it is supporting a surcharge.
• Painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work.
• Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely aboveground.
• Swings and other playground equipment accessory to one- or two-family dwellings.
• Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of group R-3 as applicable in the "International Building Code," and Group U occupancies.
• Window replacement without structural change.
• Maintenance of, and simple repairs to; electrical, mechanical, and plumbing systems. If you intend to alter, or add to any of these systems, or you are replacing an entire system, contact the code office.
• Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade, provided construction of the deck does not alter the means of egress.

A zoning permit is required whenever a structure is to be erected, constructed, razed, moved, altered, rebuilt or enlarged or the use of a structure, land or water is established or changed for any purpose.

Please see information below about Zoning Permits.  You can also get a copy of the zoning permit application here:

Click here for a PDF of the Zoning Permit Application.

Do I need a Zoning Permit?

A zoning permit is required whenever a structure is to be erected, constructed, razed, moved, altered, rebuilt or enlarged or the use of a structure, land or water is established or changed for any purpose.

A permit is issued when the property owner, through submission of an application and supporting documentation, (such as a plot plan) demonstrates the proposed improvements are in compliance with the zoning ordinance, i.e., the proposed shed will be set-back far enough from the property boundary.

Acquisition of a zoning permit prior to the start of work is a legal obligation of the property owner. Issuance of a zoning permit demonstrates the proposed improvement is lawful, and as such, obtaining a zoning permit helps to protect the value of the investment.

Most people are aware that a permit is required to build a house or garage, but sometimes it’s not so clear when contemplating projects of a smaller scope. The lists below identify some common residential improvements and whether or not a zoning permit is required.

The following projects need a zoning permit:

• Building a deck.
• Building a patio.
• Constructing a pergola or trellis.
• Building a shed, or having a prefab shed installed on your property.
• Enclosing an existing screened-in porch.
• Building a roof over an existing deck.
• Building/installing a fence.
• Finishing an unfinished basement.
• Finishing an unfinished attic.
• Starting a business at your residence.
• Construction/installation of above-ground and in-ground swimming pools.

The following projects do not need a zoning permit:

• Planting a garden.
• Planting trees and landscaping (unless it involves construction of walls and/or hardscaping).
• Constructing/installing a garden pond. Note: large ponds involving alteration of drainage patterns and storm water flow require a permit.
• Erecting a swing set or trampoline.
• Placement of a seasonal, child’s wading pool, provided it is less than 24” deep.
• Replacing siding.
• Replacing roofing.
• Replacing windows and doors provided the size of the openings are not changing, and the work does not involve alterations, e.g., changing a door opening into a window or a window into a door.
• Home repairs, cosmetic improvements, and maintenance.

Keep in mind: In addition to the requirement of a zoning permit, many of the projects listed above may also require a building permit in accordance with the Pennsylvania Uniform Construction Code, and sometimes building permits may be required when a zoning permit is not, such as for changes to plumbing or electrical work or replacing a roof.

Septic Systems (also called "on-lot" systems) are sewage systems on the property of the homeowner which treat and dispose of domestic sewage through natural processes. 

Click here for a PDF of the On-Lot Septic Application and fee schedule.

Liquid waste from a treatment tank percolates through the soil, where is it neutralized and broken down. Up to 50% of the solids retained in the tank decompose, the remainder accumulates in the tank. A septic tank should be pumped out at least every 3 years.

To obtain a septic system permit:

1. The lot owner or an agent for the owner applies for a permit through the township Sewage Enforcement Officer (SEO).
2. Soil profile examination and percolation tests are conducted by applicant or consultant to determine site suitability. The soil profile examination and percolation tests must be observed by the SEO.
3. Three copies of the septic design must be submitted to the SEO after the above testing is completed.
4. The SEO approves or denies the permit within seven days of receipt of a completed application. If denied, the SEO notifies the applicant and provides opportunity for an appeal hearing.
5. The SEO issues a permit, if approved. Installation of a system may begin.
6. The SEO may oversee any step of installation and must inspect completed system before coverage and use.

An application can be picked up at the township office or can be mailed by request.

Please direct your On-Lot Sewage questions to 570-223-8920.

Please visit the Sewer Department page for information about the Municipal Sewer System.

Short Term Rentals (STR) are permitted in Middle Smithfield Township.  STR is by permit only.  Permits must be renewed annually.

Click here for more information about Short Term Rentals, including applications for permits.

Some Home Owners Associations and Property Owners Associations (HOA/POA) restrict or prohibit the use of STR within their communities.  If the property is affiliated with an HOA or POA, Middle Smithfield Township strongly recommends contacting the HOA for their STR rules and regulations before applying for an STR permit from the Township.

For more information about HOAs and POAs, please visit our Home Owners Association page. Please be aware that the Township does not have contact information for all HOAs.

Click here to view a PDF of the Table of Permitted Uses.  This table details what is and is not permitted in each zoning district in Middle Smithfield Township.

Don't know what zoning district the property is in? Visit the MapLink Interactive Map to view our interactive zoning map of the Township.  Or, view our non-interactive zoning map here.

The permit process is well organized and less complicated than it appears. We will work diligently with you throughout this process. Our goal is to issue your building permit in a timely manner.

• Pick up or download permit applications, handouts and other information concerning the Construction Codes, local requirements and fees prior to beginning any construction or home improvement project.
• Permit applications can be submitted by either the homeowner or the contractor.
• Two sets of construction plans, if required, must be submitted with your application.
• At initial submission the building department will determine the required fees. Initial fees are due at the time of submission and/or prior to review of plans. Once your plans are reviewed by the Building Code Officer, additional fees may be assessed. All payments are due prior to issuance of permits.
• Once your application is deemed complete and your plans have been approved, your permit will be issued.
• Construction may not begin until both a Zoning (if required) and Building Permit have been issued. New construction may also require a driveway permit issued by the Township or a Highway Occupancy Permit issued by PennDOT.
• One copy of your approved project plan will be retained by the construction code office and the second copy must be on the job site at all times for inspector field reference.
• Permits expire if the construction project is not complete within five years from date of issuance. You must have inspections showing substantial progress of the project at intervals of no more than 180 days.
• If no building has progressed on your project for 180 days, you may request an extension in writing.

If your permit expires, additional fees will be assessed

Specific inspections are necessary for new construction projects.  Inspections are requested through SFM Consulting.

• SFM Consulting needs at least 48 hours notice to schedule an inspection.
• If circumstances change and the inspection must be canceled, 24 hours notice is required.
• If you have questions or concerns call 484-330-9088.

Sections 403.45 and 403.64 of the Pennsylvania Uniform Construction Code, (Pa UCC) requires the Construction Code Official to perform inspections during the construction process. Below is a list of typical inspections required during a construction project. Not all inspections will apply to your project. If you're unsure, you can submit an inspection request, check the box "other" and inquire if an inspection is necessary. An inspector will call you. (For example: return to the SFM home page, click Request an Inspection, complete request form, then under Type of Inspection click Other, and provide your question in the Comments section. Click the Submit button).

Typical Residential Inspections (Projects Regulated Under the IRC)

1. Footing - done prior to the placement of concrete. This inspection is performed to verify the bottom of the footing is below frost line (42") and that the soil-bearing conditions are adequate for the loads to be imposed by the new building. Note: If you are building a deck, you can have sauna tubes in place with backfill around them.
2. Foundation Wall - done after concrete forms and rebar are in place in poured concrete walls, and during placement of CMU walls to verify vertical and lateral reinforcement.
3. Backfill - done after concrete walls have been stripped and waterproofed, and/or after CMU walls have been parged and waterproofed. Exterior perimeter drains must also be in place at this time.
4. Under-slab Plumbing - done to inspect piping that is to be covered by a concrete slab. DWV must have 6 psi, and water supply piping must hold 80 psi.
5. Slab - done prior to pouring a concrete slab. Gravel substrate must be prepped at time of inspection and 6 mil polyethylene plastic (or equivalent) vapor retarder must be in place.
6. Rough - done after rough framing is complete and all rough electrical, mechanical, and plumbing is in place. Plumbing must be pressurized as indicated in item 4 above. Roof covering can be installed prior to rough inspection.
7. Insulation - typically performed after the rough inspection and is often used as a follow-up to the rough inspection to verify that non-compliant items have been remediated. Insulation is inspected to verify compliance with the energy code and approved plans. Note: insulation cannot be installed until the building is weather-tight.
8. Drywall - done after drywall installation to verify proper installation of drywall, including, but not limited to, fire-rated and moisture resistant materials.
9. Final - After project is complete. Performed to verify building is in compliance with all applicable codes and is safe to occupy.

Commercial Inspections (projects regulated under the IBC)

Based on the varied nature of commercial construction projects, in addition to the inspections identified above, your project may require other types of inspections, or multiple inspections of the same construction phase. If you're unsure whether or not an inspection is required, use the "schedule an inspection" tab and schedule an inspection. You will receive a call from an inspector. (See instructions in first paragraph).

Special Inspections

1. Fire suppression systems, including but not limited to; ANSUL systems, sprinkler systems, stand-pipe, etc.
2. Fire alarm systems
3. Fire retardant materials applications.
4. Concrete reinforcement
5. Steel connections prior to application of fire protective coatings.
6. Firewalls, fire partitions, smoke barriers, etc…
7. Accessibility
8. Elevators and lifting devices are regulated by the Department of Labor and Industry in accordance with Chapter 405 of the UCC. If your project includes installation of an elevator or lift, required inspections must be coordinated with L&I.

Current Codes

• One and Two Family Dwellings and Townhouses - 2015 IRC
• Commercial - 2015 IBC (Not chapters 1, 11, and 30)
• Commercial Electric - NFPA 70-2014, National Electric Code
• All other sub codes - 2015 ICC Codes

Note: For a complete list of current codes enforceable in Pennsylvania, visit the PA Uniform Construction Code website. A complete set of these codes is available at the township building department for review during normal business hours.

The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvania's General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. The statute also establishes minimum insurance requirements for contractors; requires contractors to provide their registration number in their ads and contracts; establishes required contract terms for home improvement contracts; prohibits unfair business practices; and creates a criminal penalty for home improvement fraud.

All contractors listed on a building permit application submitted to Middle Smithfield Township must have a valid Home Improvement Contractor Registration Number. You can find additional information at the Attorney General's website.

Yard sales, also known as Garage Sales, are permitted in all zoning districts in Middle Smithfield Township

Each individual property may have a maximum of six (6) yard sales in any one (1) calendar year.  Each sale must be at least one (1) month apart.  Each sale can last a maximum of three (3) days.

Signage for such yard sales are permitted by permit only.  To obtain a permit for a yard sale, or for more information, please complete and submit the below Application, or visit our office, or contact the Township.

Yard Sale Application 2023 (PDF) - submit to Township Receptionist by email or in person at the Township office:

147 Municipal Drive
East Stroudsburg, PA 18302
Receptionist Email
570-223-8920 x100