Setbacks explained

What is a setback?

A setback is a strip along each property line where you may not build. Bellevue, Washington, defines it as a space in which no structures may be located, except where the land use code specifically allows them^[1]. Every lot has three kinds:

• Front setback, along the street side;
• Side setbacks, along the side property lines;
• Rear setback, along the line opposite the front.

Bellevue gives a typical example for its R-5 residential district: 20 feet in front, 20 feet in the rear, and side setbacks of at least 5 feet on one side with both sides totaling 15 feet^[1]. Another zone in the same city, the Office district, requires 30, 25 and 20 feet^[1]. Same city, different numbers: the zone of your lot decides.

Where is a setback measured from?

From the property line, never from what you see on the ground. Palmview, Texas, explains that a setback is measured from the lot line to the nearest point of the structure, perpendicular to the property line, and to always measure from the lot line and not the back of the curb or sidewalk^[2].

Front lines are the trap. Bellevue warns that the public right of way can contain unimproved shoulders, so you should not assume your property line is at the edge of the sidewalk or curb: typically, it is several feet from the road^[1].

Fences are the second trap. Brighton, Colorado, reminds homeowners that existing fences do not always constitute actual property lines, that property lines can be verified with a certified boundary survey, and that knowing where the line is remains the homeowner's responsibility^[4].

Which side is the front on a corner lot?

Bellevue's rule, as an example: if two public streets meet at the corner, a front setback is required along each of them; of the two other lines, the one most distant from a front is the rear and the other is a side^[1]. Your city's code may say it differently, so check before you place a structure near either street.

Sheds, garages and other accessory structures

Detached structures often have their own setbacks, usually smaller than the house's. Saint Paul, Minnesota, is a clear example^[3]:

Bellevue lets accessory structures sit within 5 feet of the rear property line, and in some cases all the way to the rear or side line^[1]. The point is not the number in another city: it is that your city has one, and that the shed, the garage and the house can each have a different one.

Not a zoning rule, but just as strict: the 5-foot fire rule

Building codes add their own distances. Minnesota's Department of Labor and Industry summarizes the residential code's rule (IRC Section R302.1 and Table R302.1(1)): exterior walls less than 5 feet from the property line must be 1-hour fire-resistive rated, and roof eave projections that are 2 feet or more and less than 5 feet from the property line must be too^[8]. A garage wall built 4 feet from the line can therefore pass zoning and still need a fire-rated wall.

What can stick into a setback?

Some elements are allowed to intrude. In Bellevue, minor building elements such as eaves, decks, porches, patios or chimneys may extend into a setback: anywhere if they are less than 30 inches above grade, and at most 20 percent of the setback or 18 inches, whichever is greater, if they are 30 inches or higher^[1]. Retaining walls 30 inches or taller are not minor elements there^[1]. These allowances are city-specific: read your own code's list.

Setbacks in HOAs and old plats

Setbacks can come from more than one rulebook. Bellevue notes that plat conditions sometimes require more restrictive setbacks^[1]. In Florida, when an HOA's covenants do not set specific setbacks, the county or city setbacks apply, and the association may not enforce a setback inconsistent with them^[6]. See HOA approval vs city permit.

What happens if you build inside a setback?

It is one of the few problems a permit cannot fix. Washoe County, Nevada, lists setback violations among the projects that may be denied a permit, and says a demolition permit may be required to bring the property into compliance^[5]. It also follows the house: California's transfer disclosure statement asks the seller about "violations of 'setback' requirements"^[7].

The alternative is a variance. Bellevue describes it as relief from code requirements that must satisfy very specific criteria^[1]. Expect a separate application and no guarantee.

Get the distances right the first time

Your permit file from YesPermit starts with your city's zoning rules for your lot, with the code section and link, then a site plan that shows your structure and its distances to every property line. You confirm the property lines from your survey or plat; we draw it the way the reviewer checks it.

Common questions