Smithtown, NY Building Safety: Green Building Code (2026)
Key Facts
- Adopted code
- NYS Energy Conservation and Construction Code
- Adoption date
- May 17, 2012 (L.L. No. 2-2012)
- Prior program repealed
- Local ENERGY STAR program
- Solar fast-track repealed
- December 3, 2024
- Geothermal permitting
- § 112-1.4
Summary
Smithtown has no separate green building code; it instead adopts the New York State Energy Conservation and Construction Code in its entirety for all covered construction. The Town repealed its earlier local ENERGY STAR program when it adopted the state code in 2012, and building permits are conditioned on compliance.
A. The Town Board of the Town of Smithtown hereby adopts the applicability of the Energy Conservation and Construction Code of New York State in its entirety. B. Effective date. This section shall become effective immediately upon filing with the New York State Secretary of State.
Full Breakdown
2 of the Building Construction chapter, added May 17, 2012 by Local Law No. 2-2012, has the Town Board adopt 'the applicability of the Energy Conservation and Construction Code of New York State in its entirety,' effective immediately upon filing with the Secretary of State. 2 that had established a local ENERGY STAR program, added in 2008 by Local Law No. 2-2008; Smithtown chose to defer entirely to the state energy code rather than maintain its own green-building incentive. 3, added in 2011, but the Town Board repealed that expedited track on December 3, 2024 by Local Law No.
15-2024, leaving standard building-permit review as the only path for energy-related work. 4, added in 2015 and amended in May 2025, separately permits geothermal ground-source heat pump systems (closed loop, open loop and direct exchange) subject to a building permit, siting restrictions such as staying out of flood hazard zones and tidal wetlands, and Suffolk County Department of Health Services guidance for systems tied to sewage or water supply approvals. Applicants comply by meeting whichever version of the New York State Energy Conservation and Construction Code is in effect at permit application, verified by the Chief Building Inspector alongside the rest of the building permit review under § 112-10.
Violations & Fines
Because § 112-1.2 folds energy compliance into the general building permit process, failing to meet the adopted Energy Conservation and Construction Code is enforced the same way as any other building code violation under § 112-23: a fine of $1,000 to $2,500 for a first offense, up to $15,000 for a third offense within five years, and the Chief Building Inspector may withhold a certificate of occupancy or issue a stop-work order until the deficiency is corrected.
Frequently Asked Questions
Does Smithtown have its own green building code?
Is there still a fast-track solar permit in Smithtown?
Can I install a geothermal heat pump system in Smithtown?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York building safety overview
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How other cities in Suffolk County handle green building code.