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Planning / Development / Permits / Zoning

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1. Do I need a building permit to construct a fence?

Generally fences are exempt from zoning regulations and therefore do not require a permit for construction. The only possible exception to this rule would be if the fence would create a vision obstruction at a street intersection. Check with the County Zoning Officer (785) 537-6332 if there is a possible concern in this regard.

2. Does Riley County have building codes?

Riley County requires a building permit but does not enforce building codes. During a building permit inspection the primary concern is determining that the building is set back the proper distances from all property lines. The inspector does not examine how the building is being constructed. Most counties in Kansas do not have building codes, however, a number are considering adoption of a minimum code. Consult a qualified contractor or building professional regarding industry standard construction techniques and proper installation of electrical, plumbing and HVAC systems. The respective cities within the County vary regarding their building code requirements. Check with the individual city before starting construction.

3. Do I need a permit to build a structure in the unincorporated area?

A building permit is required before the start of construction of any structure within the unincorporated areas of Riley County. The permit is necessary to verify that the zoning is proper for the intended use, the required setbacks from property lines are achieved, Sanitary Code requirements are met and other basic requirements of this type. The permit does not involve construction inspection since there is no adopted building code that applies to the unincorporated areas of the County.

4. What are the required setbacks for my property?

Building setback requirements from right-of-way or property lines varies by zoning category. Generally, all buildings must be setback from all right-of-way lines 25 feet except when abutting a major or minor trafficway (NOTE: The right-of-way line is not necessarily the edge of the pavement. The right-of-way is considerably wider than the roadway surface) Side and rear yard setbacks vary for each zoning category and by building type. To determine these requirements you should contact Planning & Development at (785) 537-6332 before beginning construction.

5. I’m not sure where my property lines are. How do I get accurate information?

The only definitive way to determine your property lines is to have your lot or tract surveyed by a Licensed Land Surveyor. They will need to locate or establish the property survey pins at the corners of the lot or tract. If you can locate your own property corner pins, that should allow or help you and the surveyor establish the correct property lines.

6. What should I do if I notice construction and suspect that the owner or builder did not obtain a building permit?

Occasionally the owner or builder is not aware of the building permit requirement and begins construction without a permit. If you want to know whether or not a building permit has been issued for a particular project, please contact the Planning and Development office at 537-6332. Please have specific information regarding the location such as address, legal description or owner of the property.

7. How do I get a new address?

New Construction
If you need an address for new construction, you will need to apply for a building permit. The address is issued at that time. If you need an address prior to construction because of unusual circumstances, check with Planning & Development at (785) 537-6332 and we will attempt to assist you.

Existing Structures
If you need an address for an existing structure, please call Sherie Taylor in the GIS Department at (785) 565-6217.

8. I am planning on building a house. Do I need a property address before I get my building permit?

Many times utility companies will require a property address prior to providing utilities to a site. The property address is assigned by Riley County Planning & Development when the building permit is issued. If you need an address prior to issuance of a building permit, contact our office at (785) 537-6332 and we will attempt to assist you.

9. How do I determine what my property is zoned?

If your property is located in Riley County outside of the limits of an incorporated city, you may call Riley County Planning & Development to obtain that information. When you call you should know one of the following to make sure the correct property can be located:

1. the property owner
2. the property's legal description or
3. the property's address

An even more accurate method of determining zoning of a property is to come to the Planning & Development office. This way staff can locate the property on the computer mapping system and also answer any question you may have about the zoning.

10. If I want to make a complaint against someone regarding a possible zoning violation, can I remain anonymous?

Yes. But it is often advantageous to leave your contact information so that staff can respond back to you regarding the violation or to obtain additional information from you. Also sometimes it is necessary for individuals to testify in court to provide evidence of ongoing violations. For more information on zoning enforcement issues in Riley County, contact the Riley County Zoning Enforcement Officer at (785) 537-6332.

11. How do I determine if my property is within a floodplain?

The Riley County Planning & Development Department has maps produced by the Federal Emergency Management Agency that indicate where the floodplains are for all of the unincorporated area of the County. For assistance in determining flood risk on a particular property, please contact Steve at (785) 537-6332 or email Zoning Enforcement Officer...

12. Can I build within the 100-year floodplain?

The 100-year floodplain represents a potential flood area that has a 1% probability of being equaled or exceeded in any given year. It is the area that is regulated by floodplain regulations as required by the Federal Emergency Management Agency. Generally, you can build in the 100-year floodplain if the floor of the structure is elevated one foot above the Base Flood Elevation (BFE). Commercial & industrial structures have the option of being floodproofed. All construction within the 100-year floodplain requires a Floodplain Development Permit before construction begins. All construction within the 100-year floodplain requires a Floodplain Development Permit before construction begins. For more information about the floodplain, please contact Steve at (785) 537-6332 or email Steve

13. Can I build within the 500-year floodplain?

The 500-year floodplain is the area that could experience a flood having a .2% probability of occurring in any given year. It is an area that is not regulated by floodplain regulations and therefore building is permitted provided all other requirements of the County Zoning & Subdivision Regulations are met. One should always keep in mind that any area, even those outside of designated floodplains, can still flood. Even though the probability of such occurrences in these areas is generally lower, there can always be micro events and unusual circumstances that may occur to cause localized flooding of any property. For more information about the floodplain, please contact Steve at (785) 537-6332 or email Steve...

14. Can I build within the floodway?

The floodway is the area within the 100-year floodplain that must remain unobstructed to carry the 100-year flood discharge (i.e. Base Flood). Generally, it is very difficult to construct any structure within the floodway because the structure must be determined, not by an engineer not to obstruct flood flows in any way or create a substantial rise in the base flood elevation. These are very difficult standards to meet except in cases of very limited obstructions such as poles, fence posts, etc. For more information on the methodology that must be used to determine this no-rise in flood heights, please contact Steve at (785) 537-6332 or email Steve...

15. Can I have an apartment in my garage or guest house on my property?

Multiple residences are permitted if the property is zoned B-1 (Two Family) or B-2 (Multiple Family) or if your property is subdivided into 2 lots. Please contact the County Planner at (785) 537-6332 for more information.

16. What is a PUD?

PUDS are custom-made zoning districts for a specific site. They were created to promote progressive and flexible land development, such as:

a. A maximum choice of living environments

b. A more useful pattern of open space and recreation

c. A development pattern which preserves and utilizes environmental features

d. A more efficient use of land and provision of services

e. A development pattern in harmony with land use density, neighborhood character, transportation facilities, community facilities and economic development potentials.

The PUD process has two steps: the Preliminary Development Plan and the Final Development Plan. The Planning Board reviews the application for approval of the Preliminary Development Plan, holds a public hearing, then sends its recommendations on to the BOCC for action. Upon approval of the application, within seven days the owner records a statement with the Register of Deeds. The owner submits a Final Development Plan to the RCPB before a building permit is issued. This final plan must be in substantial compliance with the Preliminary Development Plan.

17. What is the process for sub-dividing land?

The requirements and procedures for selling a portion of an existing parcel are outlined in the Manhattan Urban Area Subdivision Regulations and the Riley County Subdivision Regulations. These separate regulations apply in different portions of the unincorporated areas of the County. Contact the County at (785) 537-6332 for more detailed information regarding this process.

18. I have 60-acres and I would like to sell 30-acres of my land. Do I need to plat the property?

Possibly, is the answer. Generally, in the unincorporated portions of the County, divisions of property that are 20 acres or greater are exempt from the platting requirements. However, within the Manhattan Urban Area such divisions are only exempt if the property will be used strictly for agricultural purposes or as a cemetery. It is always a good idea to check with the County Planning & Development Department at (785) 537-6332 to determine any platting and/or zoning requirements prior to the sale of any land, particularly since this is information that will not be included in a title search or abstract of title.

19. Does Riley County notify surrounding property owners if someone has obtained, or is in the process of obtaining, a building permit?

State law requires that all property owners within 1000 feet of a rezoning, variance or conditional use request be notified of the public hearing on the matter. However, there is no such State or local requirement to notify adjacent property owners upon the issuance of a building permit. Prospective purchasers of land should always research the surrounding zoning of land to determine what sorts of uses may be permitted that may effect property values or enjoyment of the land to be purchased.

20. I received a notice of public hearing in the mail. What exactly does it mean?

State law requires that surrounding property owners within 1000 feet be directly notified whenever a rezoning, variance or conditional use is requested. Riley County also sends notice when a platting is being proposed. This notice tells you the time, date and place where the public hearing is being held, the requested change and where the property is located. You are welcome to attend this hearing to voice your support or concerns regarding the requested change or to just ask questions about the proposal. You may also at any time call Riley County Planning & Development at (785) 537-6332 to find out more about the request

21. I would like to put up a sign advertising my business. Do I need a sign permit?

Yes, sign permits are required prior to the erection of any sign in the unincorporated areas of Riley County. Contact the Riley County Zoning Enforcement Officer at (785) 537-6332)for more information.