Permits and Approvals | Who Issues What, County by County
Topeka Expert Pole Barn Builders pulls the permits, zoning certificates and agricultural exemptions for the buildings we put up across six northeast Kansas counties. This page sets out who issues what, jurisdiction by jurisdiction, as we read the rules today.
Kansas has no statewide building code for private homes or farm buildings, so the rules change at every city limit and county line. We confirm the current rule with the office for your parcel before we file anything, and where a rule below says we confirm it, we treat it as unsettled until the office tells us.
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- 150 sq ftTopeka accessory buildings over this need a permit
- 36 in.Footing depth below final grade in Topeka
- 2 daysFull working days' notice to 811 before digging
- 1 ftLowest floor above base flood elevation for homes
How Permitting Works Around Topeka
We sort every job by one question first: is the parcel inside a city's limits? Inside city limits, the city issues the permit under the code it adopted. Outside them, the county does. Shawnee and Douglas counties run full building codes in the rural county, Pottawatomie issues building permits, and in Jefferson, Jackson and Osage we found no published county building code, so rural approvals there run through zoning certificates. The agricultural exemption only exists outside city limits, and no exemption anywhere covers floodplain rules.
The table below is our quick reference. The sections after it give the detail for each office.
| Jurisdiction | Who issues the approval | Design wind / ground snow | Footing or frost depth | Small building without a permit |
|---|---|---|---|---|
| City of Topeka | Development Services, building permit | 114 mph / 20 psf | 36 in. below final grade | Detached accessory up to 150 sq ft |
| Unincorporated Shawnee County | Land Use & Development, building permit | Topeka's values by reference (we confirm) | 36 in. (Topeka's code by reference) | Shed with 150 sq ft roof area or less |
| City of Lawrence | Planning & Development Services, building permit | 115 mph / 20 psf | 30 in. frost line | Shed up to 200 sq ft |
| Unincorporated Douglas County | Zoning & Codes, building permit | 115 mph / 20 psf | 30 in. frost line | Under 200 sq ft, walls 10 ft or less, no utilities |
| Jefferson County (rural) | Zoning certificate before use | Set by our engineer per site | We build to 36 in. | Confirm with the county |
| Jackson County (rural) | Zoning Compliance Certificate | Set by our engineer per site | We build to 36 in. | Confirm with the county |
| Pottawatomie County (rural) | Building permit | Set by our engineer per site | We build to 36 in. | Shed 120 sq ft or less |
| Osage County (rural) | Zoning certificate and certificate of occupancy | Set by our engineer per site | We build to 36 in. | Confirm with the county |
City of Topeka: Development Services
Inside Topeka we build to the 2021 IRC as the city amended it (Ordinance 20467) for houses and their accessory buildings, and to the 2024 IBC with Appendix C for agricultural buildings (Ordinance 20648, adopted in 2026) for everything else. Any detached accessory building over 150 sq ft needs a permit under TMC 14.55.100, and the IBC side exempts only one-story accessory structures of 120 sq ft or less.
Topeka only issues building permits to a contractor who holds a City of Topeka contractor license. A residential license covers houses and their accessory buildings, and a framing contractor license can pull permits for accessory structures. An owner-occupant can pull their own permit for accessory buildings at their own home. There is no agricultural exemption inside city limits, so we permit a barn on a large lot in town like any other building.
| Topeka rule | What it says |
|---|---|
| Design table (TMC 14.55.230) | 20 psf ground snow, 114 mph wind, Seismic Design Category A, frost line 36 in., weathering Severe, termite Moderate to Heavy |
| Footing depth (TMC 14.55.470) | Exterior footings at least 36 in. below final grade; floating footings allowed for detached garages and sheds 24x24 ft and under built to City of Topeka specifications |
| Inspection hold points | Footing after poles or piers are set and before concrete, wall bracing, rough-ins, frame, insulation, final |
| Completion | Exterior weathertight within 24 months of the permit |
| Agricultural exemption | None inside city limits |
The footing inspection in Topeka happens after the poles are set and before the concrete goes in, so we schedule the pour around the inspector, not the other way round.
Unincorporated Shawnee County: Land Use and Development
Shawnee County Land Use & Development issues permits for the rural county, including Berryton, Dover, Tecumseh and Wakarusa, and the land outside Auburn, Silver Lake and Rossville city limits. Applications go through the county's online permit portal. The county adopted Topeka's building code chapters by reference as currently in effect (HR 2017-1 and HR 2018-1), so we design to Topeka's 114 mph, 20 psf and 36 in. values there and confirm them with the county.
The rule that catches most people is the order of permits. The county's procedure (HR 2010-12) says no accessory building permit is issued on a lot before the permit for the main building, so a shop or garage on vacant land usually cannot go first. We confirm the current rule before we draw a building for a bare lot.
| Shawnee County rule | What it means for your building |
|---|---|
| Separate permit for each structure | A shop and a lean-to shed on the same lot are two permits if both are separate buildings |
| Sheds of 150 sq ft roof area or less | No permit, as long as zoning setbacks are met |
| Over 150 sq ft | Permit required and a permanent foundation |
| Affidavit of Code Compliance | Filed with every permit, swearing the work follows the building code |
| No accessory building before the main building | A shop on bare land waits for the house permit (we confirm current) |
| Affidavit of Agricultural Exemption | Filing fee; the land and building must be principally agricultural; dwellings and garages never qualify |
| Starting before the permit | The permit fee doubles |
City of Lawrence: Planning and Development Services
In Lawrence we build to the 2018 IRC and IBC, effective July 1, 2019. Its design table lists 20 psf ground snow, 115 mph wind, Seismic Design Category A and a 30 in. frost line. Sheds up to 200 sq ft are exempt from a permit; anything larger needs one.
Only a Lawrence-licensed contractor can obtain a building permit in the city, and a Class C license covers single-family houses and their accessory buildings. There is no general agricultural exemption inside Lawrence. We still take footings to 36 in. there as our own standard.
Unincorporated Douglas County: Zoning and Codes
Douglas County Zoning & Codes covers the rural land around Lecompton and Eudora and the rest of the unincorporated county. It uses the 2018 IRC and IBC with 20 psf, 115 mph and a 30 in. frost line, and licenses contractors in Class A, B and C. A shed is exempt only if it is 200 sq ft or less, has walls of 10 ft or less and has no utilities; once you run power to it, we pull a permit for it.
Douglas County's agricultural exemption is the most detailed in our area, and it has to be granted before construction starts. There is no fee. We assemble the packet with you, and we tell you early if a building does not meet the test.
- The prior year's IRS Schedule F, or a business plan or agricultural loan for a new producer.
- At least 3 acres in agricultural use.
- An entrance permit for the drive.
- A site plan showing the floodplain.
- A floor plan of the building.
- A notarized affidavit.
- Separate electrical, plumbing and HVAC permits, which the exemption does not replace.
Jefferson, Jackson, Pottawatomie and Osage Counties
In the four outer counties, rural approvals turn mostly on zoning, setbacks and the floodplain. We did not find a published county building code in Jefferson, Jackson or Osage, and Pottawatomie requires building permits but does not state a code edition, so we confirm what each office wants for your parcel and design to our own standard loads either way.
| County | Approval needed | Agricultural buildings | Floodplain handled by |
|---|---|---|---|
| Jefferson (rural land around Perry, Oskaloosa, Valley Falls, Meriden) | Zoning certificate before a new building is used; county building code not found (we confirm) | Exempt from zoning except floodplain rules and setbacks on major roads | Zoning Administrator |
| Jackson (rural land around Holton) | Zoning Compliance Certificate; accessory structures in rear yards only; details we confirm | Confirm with the county | Zoning Administrator |
| Pottawatomie (rural land around Wamego, St. Marys) | Building permit for all site-built dwellings and accessory structures; sheds 120 sq ft and under exempt | Still need a permit so the county can check the floodplain; no fee on larger acreages | County planning and zoning office |
| Osage (rural land around Osage City, Carbondale, Overbrook) | Zoning certificate plus certificate of occupancy on all unincorporated land | Exempt from zoning except floodplain rules and setbacks on major roads | Land Use Coordinator |
In Osage County, starting without a zoning certificate quadruples the fee. We file before we dig.
Small Cities in Our Six Counties
Inside an incorporated city, the city issues the permit; outside its limits, the county does. Several of these towns post older code editions online, and we check the current one with the city clerk or building official before we file. We do not quote city fees here because they change; we put the actual fee on your estimate.
| Town | Status and county | Who issues the permit inside city limits | Code and notes |
|---|---|---|---|
| Auburn | City, Shawnee | City clerk, after building official approval | 2021 IBC and IRC; permit for any building, fence or structure |
| Silver Lake | City, Shawnee | City | Code edition: we confirm with the city |
| Rossville | City, Shawnee | City clerk, for any structure | Posted code is the 2000 IBC; we confirm current |
| Tecumseh, Wakarusa | Unincorporated, Shawnee | Shawnee County | County rules above |
| Berryton, Dover | Unincorporated, Shawnee | Shawnee County | County rules above |
| Lecompton | City, Douglas | City | Posted code is the 2003 IBC; owners may do their own residential work with a permit |
| Eudora | City, Douglas | City Building Official | 2021 IBC with flood-resistant appendix; sheds 200 sq ft and under exempt; city licenses plumbers, electricians and HVAC |
| Perry | City, Jefferson | City clerk, after building official approval | Posted code is old; we confirm |
| Oskaloosa | City, Jefferson (county seat) | City | We confirm with the city |
| Valley Falls | City, Jefferson | City, for any building | 2021 IBC |
| Meriden | City, Jefferson | City permit and city inspector | 48-hour notice for inspections |
| Holton | City, Jackson (county seat) | City | We confirm with the city |
| Wamego | City, Pottawatomie and Wabaunsee | City | 2018 IBC including Appendix C agricultural buildings; accessory 200 sq ft and under exempt |
| St. Marys | City, Pottawatomie and Wabaunsee | City, including floodplain development permits | Accessory over 150 sq ft needs a permanent foundation, slab or piers; posted code is the 1991 Uniform Building Code, we confirm |
| Osage City | City, Osage | City Code Administrator | Edition: we confirm |
| Carbondale | City, Osage | City | 2018 IBC and IRC |
| Overbrook | City, Osage | City Building Permits and Inspections | City floodplain management article |
The Agricultural Exemption Under K.S.A. 19-2921 and 12-758
Two Kansas statutes keep county zoning off farm land and farm buildings. K.S.A. 19-2921 and K.S.A. 12-758(b) say zoning regulations do not apply to land used for agriculture, or to buildings put up on it for agriculture, so long as the land and buildings are used for agriculture and not otherwise. Both carve out floodplain regulations, so we still check the flood map on every farm building. Kansas Attorney General Opinion 2016-10 adds that a county cannot apply its construction codes to buildings used solely for agriculture, but it may require a determination that the building is exempt before construction.
We tell people three things about the exemption early. First, there is no statutory agricultural exemption inside city limits. Second, a house, barndominium or garage does not qualify in Shawnee County, and elsewhere it usually does not, which we confirm with the county. Third, the exemption is tied to use: if a hay barn later becomes a hobby shop, it needs a permit.
| County | How the exemption works there |
|---|---|
| Shawnee | Affidavit of Agricultural Exemption with a filing fee; must show the land and building are principally agricultural; dwellings and garages never qualify |
| Douglas | Granted before construction, no fee; Schedule F, at least 3 acres in ag use, entrance permit, site plan with floodplain, floor plan, notarized affidavit |
| Jefferson and Osage | New agricultural buildings exempt from zoning except floodplain rules and setbacks on major roads |
| Pottawatomie | Agricultural structures still need a permit so the county can check the floodplain |
| Jackson | We confirm with the county for each parcel |
| Inside any city | No statutory exemption; the building is permitted like any other |
When Kansas Law Requires Sealed Engineering Drawings
Kansas law exempts agricultural buildings and houses of up to two dwelling units from licensed-design requirements (K.S.A. 74-7031(b) and 74-7033(b)). We get sealed drawings for commercial buildings, places of employment and buildings open to the public, and any building official can ask for them on any job.
You may have read that a pole building over 14 ft tall, 42 ft wide or 60 ft long needs an engineer's seal. That rule comes from the Wichita and Sedgwick County building department and does not apply around Topeka. Our practice is simpler: every building we put up gets engineered truss drawings from the truss supplier, and we bring in a Kansas-licensed engineer for commercial work, large clear spans and anything the office requires.
Floodplain Development Permits Under K.S.A. 12-766 and K.A.R. 5-44-4
Under K.S.A. 12-766, local floodplain rules must meet the federal National Flood Insurance Program minimums and are approved by the chief engineer of the Kansas Department of Agriculture's Division of Water Resources. K.A.R. 5-44-4 requires a floodplain development permit from the local floodplain administrator for building in a mapped flood hazard area, and we file one for agricultural buildings too, because the agricultural exemption never covers floodplain rules.
A home's lowest floor has to be at least 1 ft above the base flood elevation. A nonresidential building is elevated or floodproofed to that level. A licensed surveyor certifies the elevation on an elevation certificate, and in Topeka that certificate is an inspection hold point after the lowest floor is placed. On river-bottom parcels we check the flood map first, before we suggest where a building sits, because moving it to higher ground is usually cheaper than raising it.
- Unincorporated Shawnee County: Land Use & Development issues floodplain development permits.
- City of Topeka: the sealed lowest-floor elevation certificate is an inspection hold point before further vertical work.
- Jefferson and Jackson counties: the Zoning Administrator.
- Osage County: the Land Use Coordinator.
- Pottawatomie County: the county checks floodplain status through its building permit, including for farm buildings.
- St. Marys, Eudora and Overbrook: each city runs its own floodplain program or article.
Kansas One Call (811) Before We Dig
K.S.A. 66-1804(a) requires notice to Kansas One Call at least 2 full working days and not more than 20 calendar days before digging. We call 811 before we auger a single post hole, and we mark the building footprint so the locators know where we will dig. The ticket stays valid for 20 calendar days after the start date, so we time the call to the footing work.
Utilities mark only the lines they own. A private line, such as a buried feed from your house to an existing shop, a propane line or a well line, will not be marked by 811. We ask you where your private lines run at the site visit, and when nobody is sure, we recommend a private locator before we auger.
Paperwork We File for You
We handle the filing on every job, and we put permit, exemption and engineering costs on the estimate as their own lines. If you prefer to pull an owner-occupant permit yourself in Topeka, we give you the drawings and details you need.
- Building permit applications, site plans and the truss drawings the office asks for.
- Shawnee County's Affidavit of Code Compliance and, where it applies, the Affidavit of Agricultural Exemption.
- Douglas County agricultural exemption packets, filed and granted before we start.
- Zoning certificates in Jefferson and Osage counties and Jackson County's Zoning Compliance Certificate.
- Floodplain development permit applications and coordination with the surveyor for the elevation certificate.
- The Kansas One Call ticket before we dig.
- Inspection scheduling for each hold point the permit lists.
Permit Questions We Answer Most Often
Who can pull a building permit for a pole barn inside Topeka city limits?
A contractor holding a City of Topeka contractor license, or an owner-occupant building an accessory building at their own home. A residential license covers houses and their accessory buildings, and a framing contractor license can pull permits for accessory structures. We pull the permit for the buildings we put up in Topeka, and we book each inspection, starting with the footing inspection after the poles are set and before the concrete.
What size shed can I put up without a permit in Lawrence or rural Douglas County?
In Lawrence, sheds up to 200 sq ft are exempt. In unincorporated Douglas County the shed has to be 200 sq ft or less, with walls of 10 ft or less, and no utilities, so running power to it means a permit. Anything larger than that needs a building permit or, for a farm building, an agricultural exemption granted before construction. We check which applies before we price your building.
Does a Douglas County agricultural exemption cover the wiring in my new barn?
No. The exemption covers the building itself, but electrical, plumbing and HVAC work still need their own permits and inspections in Douglas County, and the tradespeople doing that work must hold a Kansas license. We build the exempt structure, and the licensed electrician pulls the electrical permit for the wiring. We schedule the rough-in inspection before any insulation or liner panel goes up.
Does Pottawatomie County require a permit for a farm building near Wamego or St. Marys?
Yes, outside city limits Pottawatomie County requires a building permit for agricultural structures so it can check the floodplain, although there is no fee on larger acreages. Inside Wamego or St. Marys, the city issues the permit instead. We confirm the acreage rule and the floodplain status with the county for your parcel, file the application, and keep a copy of the approval with the job file.
Do I need a floodplain development permit for an ag-exempt barn in Kansas?
Yes, if any part of the building sits in a mapped flood hazard area. K.S.A. 19-2921 and 12-758(b) exclude floodplain regulations from the agricultural exemption, and K.A.R. 5-44-4 requires a floodplain development permit from the local floodplain administrator. We check the flood map at the site visit and, where we can, we place the building on higher ground so it avoids the floodplain entirely.
How many days before digging post holes do you call Kansas One Call?
We call at least 2 full working days ahead and never more than 20 calendar days ahead, which is the window K.S.A. 66-1804(a) sets. Weekends and the listed holidays do not count as working days. We mark the footprint for the locators, wait for every utility to respond, and only then do we auger. The ticket stays valid for 20 calendar days after the start date.
Will 811 mark the private power or water line on my acreage before you dig?
No. Kansas One Call members mark only the lines they own, so a private feed from your house to an outbuilding, a propane line or a well line will not be marked. We ask where your private lines run at the site visit and look for meter bases and trench scars. When nobody is sure, we recommend a private locator before we auger, and we hand dig near any line we suspect.
Does a farm pole barn in Kansas need an engineer's seal?
Not by state law. K.S.A. 74-7031(b) and 74-7033(b) exempt agricultural buildings and houses of up to two units from licensed-design requirements, although a building official can still ask for engineered drawings. We get engineered truss drawings from the truss supplier for every building, and we bring in a Kansas-licensed engineer for commercial work, large clear spans and anything the office requires.
What happens if I start a building in Shawnee or Osage County without a permit?
It costs more. In unincorporated Shawnee County starting work before the permit doubles the fee, and in Osage County starting without a zoning certificate quadruples it. Shawnee County can also require removal of a structure built without a permit. We never start work before the approval is in hand, and we keep the approved permit on site for the inspector.
Can I get a permit for a pole barn on a lot with no house in rural Shawnee County?
Usually not for an accessory building. Shawnee County's permit procedure says no accessory building permit is issued on a lot before the permit for the main building, so a garage or shop on bare land waits for the house permit. A genuine agricultural building on farm land goes through the Affidavit of Agricultural Exemption instead. We confirm the current rule for your parcel with the county before drawing anything.
Codes, Statutes and Documents We Work From
- City of Topeka Ordinance 20467 (2021 IRC adoption), TMC 14.55.100, 14.55.110, 14.55.170, 14.55.230 and 14.55.470
- City of Topeka Ordinance 20648 (2024 IBC adoption with Appendix C)
- Topeka Municipal Code Chapter 5.63, contractor licensing, and TMC 14.10.010 and 14.10.020
- Shawnee County Home Rule Resolutions 2017-1 and 2018-1, building code adoption
- Shawnee County Home Rule Resolution 2010-12, Building Permit Procedure
- Shawnee County Land Use and Development permitting pages and forms, including the Affidavit of Agricultural Exemption and Floodplain Development Permit
- City of Lawrence Ordinances 9625 and 9627 (2018 codes) and the Lawrence contractor licensing requirements guide
- Douglas County Code Chapter 13, Construction Codes, and the Douglas County Agricultural Exemption Building Packet
- Jefferson County Zoning Regulations; Jackson County Zoning Regulations; Osage County Zoning Regulations
- Pottawatomie County Planning and Zoning permit requirements
- Posted city codes of Auburn, Rossville, Lecompton, Eudora, Perry, Valley Falls, Meriden, Wamego, St. Marys, Carbondale and Overbrook
- K.S.A. 19-2921, K.S.A. 12-758 and Kansas Attorney General Opinion 2016-10
- K.S.A. 12-766 and K.A.R. 5-44-4, floodplain management
- K.S.A. 66-1802, 66-1804 and 66-1805, Kansas Underground Utility Damage Prevention Act
- K.S.A. 74-7031 and 74-7033, architect and engineer licensure exemptions
- Metropolitan Area Building and Construction Department Form 116 (Wichita and Sedgwick County), for comparison only
Want Us to Check the Rules for Your Parcel?
Call us with the address or road, and we will tell you which office issues the approval and what we will file.