Understanding Fence Setbacks
Learn the ins and outs of fence setbacks, including residential setbacks and utility easements, how they impact property value and where to find local regulations!
Building a fence may seem like a straightforward home improvement project, but it can quickly turn complicated. Understanding local regulations is crucial for any homeowner and can make or break your planned fence installation. This comprehensive guide breaks down everything you need to know about fence setbacks, so that your next fencing project goes smoothly!
A fence setback refers to the minimum distance a new fence must be from property lines, streets, sidewalks, other structures, or designated easements. Think of it as a buffer zone. These regulations serve several important purposes.
One example is that setbacks help ensure public safety by maintaining clear sightlines for traffic and pedestrians - which is especially important on a corner lot. They also help prevent one neighbor from accidentally building their fence onto neighboring properties and help them to get along better in general!
In residential areas, fence setbacks help contribute to an uncluttered look. Homeowners also need to be aware of any utility easements on their property that gives utilities right of ways. For example, an underground cable has an easement that prevents the homeowner from building a fence within three feet of the cable. That’s to protect the homeowner’s property and the cable, as utility companies have to dig up those cables sometimes.
Between neighbors and property lines, city regulations and right of ways, fence setback requirements are not universal. They vary significantly depending on your location – city, county, and even state regulations play a role. The fence setback you need will depend on your zoning district and the specific rules outlined in the zoning regulations.
Urban areas, with a higher density of homes, typically have stricter setback requirements than rural areas. For example, a city ordinance might require a fence to be set back at least three feet from the property line, while a rural area might allow fences right up to the line.
The type of fence you choose can also impact the setback requirements. For example, height restrictions may be stricter for privacy fences than for chain link fences - especially in the front yard. It is not uncommon to find varying rules for front yard fences, side yard fences, and backyard fences within the same locality. Front yard setbacks are often stricter than side yard or backyard setbacks.
As we covered, setback regulations can be found in zoning laws and building codes. Be sure to check the rules for your exact setting. Residential areas, commercial zones, and agricultural zones all have different requirements. Even within a residential zone, there can be variations based on specific neighborhood covenants or homeowner’s association (HOA) rules. Your HOA may have its own set of fence laws and height limits, that go above and beyond the municipality's regulations.
It is really important to get an accurate measurement when you install a fence setback. Here is a step-by-step guide:
The first step is to clearly identify your property boundaries. Your property survey is the most reliable source for this. If you do not have a copy, you can usually get one from your local government's records office. Do not just wing this! Disputes over boundary lines can be expensive and stressful.
Review your local ordinances or building code to find the specific setback requirement for your home or property. You should be able to find this online on your city or county's website. You can always go the old fashioned route and go in person to your local building department! Be sure to check for specific rules that cover your specific type of fence, fence height, and location - such as front yard, backyard, side yard.
Once you know the required setback, measure that distance perpendicularly from your property line. Use a measuring tape for accuracy, especially for longer distances. You can use stakes or spray paint to mark the setback line. Make sure to mark the line clearly.
There are setback requirements that go beyond distance from only property lines. Other features that might influence your setback can include sidewalks, streets, easements - like utility or city right of ways - and other structures, like a retaining wall or swimming pools. In this type of setback, the distance would be measured from that specific feature. For example, there might be a setback requirement from the curb or the edge of the sidewalk in addition to the property line.
Easements are legal rights granted to others to use a portion of your property for specific purposes. Fences cannot obstruct easements. You will need to factor in any easements when planning your fence and ensure it is set back appropriately. Contact your local utility company or your local government to ask about any easements you need to be aware of on your property. Beyond fences, even something like landscaping can be affected by easements!
Building a fence without the proper permits - like a fence permit or building permit - or violating setback regulations can result in fines, penalties, and even forced removal of the fence. The local authorities can require you to bring the fence into compliance and that will cost you money. You may even be required to remove a newly installed fence and lose your entire investment.
Another way that ignoring setback requirements can come back to bite you is with your neighbors. Illegal setbacks can easily lead to disputes with your neighbors. You would not want your neighbor to build a fence that creeps onto your property. Or imagine your neighbor builds an extra tall fence and blocks your view. These types of disputes can potentially escalate into legal battles, especially concerning adjacent properties.
Even if you do your homework and determine that your fence does not technically violate regulations, it is always good practice to discuss your plans with your neighbors before you begin construction to avoid problems down the road. This is extremely important - and just polite - when you are building boundary fences. Disagreements can easily arise over fence maintenance, maximum height, or the use of materials like barbed wire.
Finding the correct regulations is crucial - but where do you even begin to find this information, right? Here are some good resources to get you started:
Most local governments have websites with information on building codes and zoning ordinances, including fence regulations.
Go straight to the experts! A visit to your local city hall or building department is usually a reliable way to get specific information and ask all of your questions at once.
Some websites specialize in providing information on local building codes and regulations. Buildingcode.net is one common website that has aggregated local building code regulations, but it is always good to double check the information you find on these types of websites. They might not always be up to date!
When you either do not have the time or have a complex fence setback problem, you can always hire a surveyor or fence installation professional. They can provide expert guidance on local regulations because that is what they do all day every day. Surveyors or other fence installation professionals can make sure that your project complies. They can also assist with the process of obtaining a building permit, which is another plus!
When all else fails, just call the city and tell them the information you are looking for, and they will be able to get you to the right person.
Making sure that you follow the regulations related to fence setbacks is not just about avoiding legal trouble; it can also impact your property value and real estate prospects.
A well-planned and properly installed fence that complies with regulations can enhance your property's curb appeal and even increase its value. On the other hand, a fence that violates regulations or creates neighbor disputes can detract from your property's value and make it harder to sell in the future. Issues with fence height, zoning regulations, or even the type of fence can influence buyers' perceptions.
Proper setbacks contribute to the overall aesthetic balance of your property and the neighborhood. A fence that is too close to the property line can make your yard look smaller and create a sense of crowding. This is especially true for front yard fences and their impact on the overall street view.
Fence Regulations
Fence Regulations
Fence Regulations
