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Last Post by holy-cow 4 months ago

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MightyMoe

(@mightymoe)

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A few years ago the local enforcers started enforcing a code about easements and roof lines and even gutters "hanging" over easements. So a utility easement along a property line will control the location of the building even more than setback lines. It caused a bunch of redesign and adjustments for a number of clients, particularly townhome type development which the city is promoting to help with affordability.

So while preparing a plat today there comes an exception. As long as there is a note on the plat saying that code doesn't apply, then the code goes away, you have to be specific, but the code is negated by the note. My poor younger partner told me about it this afternoon and I went off. We are in the middle of fighting over this very thing on two subdivisions, and now they tell us all we needed to do is put a few words on the plat and it goes away. How is that even fair. Of course, every plat will get that language now. For F!!$k sakes.

Posted : June 4, 2026 3:41 pm

holy-cow

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POOF! IT'S GONE!

Ain't magic wonderful?

Posted : June 4, 2026 5:52 pm

GaryG

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Nice..... just a note on the plat overrides the code?

Maybe you could try that with the required setbacks. 😉

Oh, I know the code says 50 feet but look I have a note that says I want it to be 20 feet LOL.

Posted : June 4, 2026 5:54 pm

holy-cow

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Imagine holding such power to eliminate the limited structure heights allowed across the road from an airport landing strip.

Posted : June 4, 2026 5:59 pm

MightyMoe

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The state legislature was busy this year. So far I know of two notable statutes effecting landownership and subdivisions.

The notable subdivision one was an edict passed down that all new subdivisions need to be fenced in. There are exceptions such as subdivisions with less than x number of lots, conservation subdivisions and some other "outs" to the law.

I can guess how this got passed, probably one or two ranchers in the legislature upset by new subdivisions along their pasture and dogs and cats infiltrating their lands. Just a guess, I don't care to hunt down the history.

The state already has comprehensive fence law statues. Basically, it's a fence out state, the exceptions to that are amusing. So every new subdivision (even urban) has to be fenced in, there are laws about legal fences, I suppose those apply to this law. The planners are up in arms about it, the subdividers are up in arms about it, you can get an affidavit from neighbors that will grant an exception (imagine how that will go).

In this case it's not a new code but a new statute.

Posted : June 5, 2026 7:58 am