Zoning Laws
 

Before I start paying out lawyers fees I would like to find out if anyone from the forum has run into this issue.
We were planning on building a stone/retaining wall along our property line, about 3 feet high and 100 feet long.
The town told us that we had to be setback 10 feet from the property line because it was considered a structure. Whats the point of a having a boundary wall if you lose 10' of your yard. Any one else ever hear of this happening.

Are you planing to build a free standing stone wall or a retaining wall which will hold back material, like fill or cut materials?

Retaining Wall
 

There would be fill on one side so it would classify as a retaining wall.

Then it would be considered a structure under the Comprehensive Shoreland Protection Act as well. Stonewalls that are "free standing" are considered fences and would be exempt.

Is in fact the wall in question on a lot near the water? I did not see anything in the original post that the lot was abutting the lake in which case the CSPA would not be applicable.

I do not know the poster so I am not sure where the lot is located, unless I should take a clue by the name "onthebay"

Sorry, I had thought his question was whether anyone was familiar with other examples of ordinances or laws under which a retaining wall would be a structure that would need to meet a setback. I did not intend to speak specifically to his lot.

Wall
 

The lot does fall under shoreland protection but that isn't the issue. It is within guidlines and DES has given us a written opinion that it is okay. It is the setback to the abutter that the town has a problem with.
It either sounds like we need to do a freestanding wall or apply for a variance and get the abutter to agree (which they already have)