Zoning Laws

onthebay · 02-06-2007, 11:39 AM

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.

Onshore · 02-06-2007, 11:55 AM

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

onthebay · 02-06-2007, 01:46 PM

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

Onshore · 02-06-2007, 04:21 PM

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.

codeman671 · 02-06-2007, 05:28 PM

Quote:

Originally Posted by shore things

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"

Onshore · 02-07-2007, 07:12 AM

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.

onthebay · 02-07-2007, 09:06 AM

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)

02-06-2007, 11:39 AM	#1
onthebay Senior Member Join Date: Sep 2005 Posts: 114 Thanks: 0 Thanked 3 Times in 2 Posts	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.

02-06-2007, 01:46 PM	#3
onthebay Senior Member Join Date: Sep 2005 Posts: 114 Thanks: 0 Thanked 3 Times in 2 Posts	Retaining Wall There would be fill on one side so it would classify as a retaining wall.

02-07-2007, 09:06 AM	#7
onthebay Senior Member Join Date: Sep 2005 Posts: 114 Thanks: 0 Thanked 3 Times in 2 Posts	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)

02-06-2007, 11:55 AM	#2
Onshore Senior Member Join Date: Apr 2004 Posts: 502 Thanks: 12 Thanked 423 Times in 145 Posts	Are you planing to build a free standing stone wall or a retaining wall which will hold back material, like fill or cut materials?

02-06-2007, 04:21 PM	#4
Onshore Senior Member Join Date: Apr 2004 Posts: 502 Thanks: 12 Thanked 423 Times in 145 Posts	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.

02-07-2007, 07:12 AM	#6
Onshore Senior Member Join Date: Apr 2004 Posts: 502 Thanks: 12 Thanked 423 Times in 145 Posts	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.