In rural Montgomery County, the county’s Environmental Health & Zoning department in the Independence courthouse (620-330-1190) handles two approvals: a $75 Land Use Permit for building inside the three-mile zoning area around Independence, and a $150 wastewater permit and inspection for septic systems and lagoons. Neither is a building permit: the county does not issue one, and Independence, Coffeyville, Cherryvale and Caney each issue building permits inside their limits.
What needs a county approval in Montgomery County?
County zoning covers only the area shown on the county’s Three Mile Zone map, which surrounds the City of Independence. Inside that area the zoning regulations say no structure may be started, and no land prepared for a use, until the Zoning Administrator has issued a zoning certificate. The county’s online Land Use Permit is the application it uses to check a project against those rules. The rest of the unincorporated county is not zoned.
Inside the three-mile zone
- Land Use Permit for new residential, commercial or agricultural construction
- Land Use Permit for placing a mobile home or another change of use
- Rezoning, variance or appeal where the plan does not meet the district rules
Anywhere in the unincorporated county
- Septic or lagoon permit and inspection from Environmental Health, unless the land is exempt farm land (see below)
- Lot, tract or parcel split, approved by the Planning Commission
- A 911 address for a new building, from the GIS Mapping office
The zoning regulations exempt public utility lines and pipes, railroad facilities, retaining walls, public signs, and oil and gas production equipment that complies with Kansas Corporation Commission rules.
Who issues permits in Montgomery County?
Environmental Health & Zoning is on the basement level of the County Courthouse, 217 E. Myrtle St., Independence, open Monday to Friday from 7 a.m. to 4 p.m.; phone 620-330-1190. It administers the county zoning regulations with the County Planning Commission, runs the county Sanitary Code, and licenses wastewater system contractors. Inside the cities:
Short on time to read all of this?
Get a free quote →| Town | Who issues building permits |
|---|---|
| Coffeyville (pop. 8,460) | City of Coffeyville Building Inspection Division, 102 W. 7th St., 620-252-6128. Permits, plan uploads, contractor licence renewals and inspection requests go through the City’s GovWell portal. The City adopted the 2024 International Building Code and 2023 National Electrical Code by Ordinance G-25-09 on November 25, 2025. |
| Independence (pop. 8,193) | City of Independence Building Inspector, who issues building, sign and roof permits, inspects electrical, plumbing and construction work and is the City’s flood zone administrator; 620-332-2541. The City lists the 2018 International Building and Residential Codes, 2018 Uniform Plumbing Code and 2020 National Electrical Code. |
| Cherryvale (pop. 2,093) | City of Cherryvale building inspector, who approves permit applications and inspects new structures. The city code adopts the 2021 International Building and Residential Codes and the 2017 National Electrical Code, and sets the permit fee at $0.05 per square foot of building area, with a $10 minimum. City Hall, 123 W. Main St., 620-336-2776. |
| Caney (pop. 1,704) | City of Caney: a separate building permit from the city clerk is needed to build or enlarge any building, under the city code’s 2006 International Building Code; the city’s building permits and inspections office reviews plans and inspects. City office, 100 W. 4th Ave., 620-879-2772. |
| Dearing (371), Elk City (247), Tyro (162), Liberty (95), Havana (82) | The published sources do not say; ask the city clerk. |
Septic systems, lagoons and wells
The Montgomery County Sanitary Code (adopted July 1, 1993 and revised September 1, 1999) applies to all unincorporated land except land used only for agriculture, which the code defines as more than 25 acres under one ownership used to raise livestock or crops. Environmental Health administers it, and wastewater system contractors must hold a county licence.
Not sure this scope needs a permit?
Get a free quote →To build or replace a septic system or lagoon, file the county’s online Septic Permit Application. It asks for the lot size, type of occupancy, number of bedrooms and residents, the existing system, the distance to public sewer and water, and the contractor. A sanitary technician will not inspect until the $150 fee is paid, and the fee is not refundable or transferable. Pay by check made out to Montgomery County, or in cash, at Environmental Health or the Treasurer’s Office. Water well screening costs $45.
The county issues no electrical, plumbing or mechanical permits; inside the four permitting cities those trades are permitted and inspected by the city.
Montgomery County permit fees
| Item | Fee |
|---|---|
| Land Use Permit (three-mile zone) | $75 |
| Wastewater (septic or lagoon) permit and inspection | $150 |
| Water well screening | $45 |
| Lot, tract or parcel split | $50 |
| Rezoning application (paid to the County Clerk) | $100 |
| Board of Zoning Appeals application, per request | $100 |
The Land Use Permit and septic fees are on the department’s own pages, the split fee on the split application, and the rezoning and appeal fees in the zoning regulations. A zoning violation can be fined up to $1,000, and each day counts as a separate offense.
What the Land Use Permit asks for
The online Land Use Permit is used to decide whether a project meets the zoning rules for its district. It asks for:
Rather talk it over?
Call 1-855-478-4290 →- The address and legal description of the site
- The proposed use and the current zoning (agriculture, residential, business, industrial or public use)
- Whether the building site is in a FEMA floodplain (yes, no or unsure)
- Whether the electric, water, gas and sewer providers have been contacted
- Whether the new structure needs a private wastewater system
- The type of project: new residential, commercial or agricultural construction, a mobile home, or other
- An uploaded blueprint
For a parcel split, the application needs the owner, agent and surveyor, the legal description, acreage and frontage, the water and sewer or septic arrangements, and three copies of the drawings or survey.
How to build in rural Montgomery County
Check whether the land is inside a city or inside the county’s Three Mile Zone around Independence.
In the zone, structures must sit at least 25 feet from the road right-of-way with side yards of at least 8 feet, and the minimum lot in the A-1 agricultural district is 3 acres.
If the home needs a private system, file the Septic Permit Application and pay the $150 fee.
Inside the zone, submit the online form with a blueprint; staff contact you to pay the $75 fee before review. A zoning certificate is issued or refused within 10 days.
Put in the driveway, then send the NG911 Address Form and a site plan to the GIS Mapping office.
A zoning certificate becomes void one year after it is issued if construction or the use has not begun.
Rather not deal with the Montgomery County building department?
Get a free quote →County inspections
The county inspects wastewater systems, not buildings: a county sanitary technician inspects septic systems and lagoons once the permit fee is paid. Building, electrical and plumbing inspections happen only inside the cities that permit construction. Coffeyville takes inspection requests through GovWell or by phone, and Independence’s Building Inspector inspects footings and foundations, framing, rough-ins, roofing, floodplain items and final work.
Local details for Montgomery County
Rural addresses: vacant parcels have no address. A 911 address needs a clear driveway from the county road to the parcel, so contact Public Works first if there is none; the GIS Mapping office then calculates the address from the driveway and building location.
Mobile homes: the A-1 agricultural district allows mobile homes with ground anchors, tie-downs and proper skirting.
Height: habitable structures in the zoning area may be no more than 35 feet tall.
Kansas building code
Kansas has no general statewide building code: each city and county adopts and amends its own. A few state rules apply everywhere, led by the Kansas Fire Prevention Code. Kansas rules
Want this handled start to finish?
Get a free quote →Official Montgomery County permitting resources
- Montgomery County Environmental Health & Zoning (fees and septic permit application)
- Montgomery County Land Use Permit (three-mile zone)
- Montgomery County Three Mile Zone map
- Montgomery County Zoning Regulations
- Montgomery County Sanitary Code
- Montgomery County lot, tract or parcel split permit
- Montgomery County Land Division Regulations
- Montgomery County NG-911 addresses
- City of Independence Building Inspector
- City of Coffeyville Building Inspection Division
- City of Cherryvale forms and permits
- City of Cherryvale code: building codes and inspections
- City of Caney building permits and inspections
Montgomery County permit FAQs
Inspections are where schedules slip.
Get a free quote →Do I need a county building permit in rural Montgomery County?
No. The county’s permits are the Land Use Permit and the wastewater permit, not a building permit. Inside the three-mile zoning area around Independence you need a $75 Land Use Permit before you build, and a new septic system needs a county wastewater permit.
How much is a septic permit in Montgomery County?
$150 for the wastewater permit and inspection, paid before the sanitary technician inspects. It is not refundable.
Where is the three-mile zone?
Around the City of Independence, as drawn on the county’s Three Mile Zone map. Land outside it has no county zoning.
How long does a Land Use Permit take?
The zoning regulations give the Zoning Administrator 10 days after receiving an application to issue or refuse the zoning certificate.
Who issues permits in Coffeyville and Independence?
Each city does: Coffeyville’s Building Inspection Division (620-252-6128) through its GovWell portal, and Independence’s Building Inspector (620-332-2541).
What is the Environmental Health & Zoning phone number?
620-330-1190. The office is in the courthouse basement at 217 E. Myrtle St., Independence, open weekdays 7 a.m. to 4 p.m.
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More Kansas permitting guides
This guide is provided by Alliance Permitting for general information about Montgomery County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.