Setbacks, Easements and HOAs: Where Can I Put a Building on My Land?

Where a barn, shop or garage can go is decided by five things: zoning setbacks, recorded easements, well and septic clearances, floodplain and drainage rules, and any HOA covenants. Check all five before you fall in love with a spot.

Key takeaways

• Setbacks come from your zoning district and differ for front, side and rear lines and for accessory buildings.
• Easements are recorded on your deed or plat; you can't build over most of them.
• Well and septic clearances are health-department rules and are strict.
• Floodplain and drainage can rule out a low spot entirely.
• HOA approval is separate from, and in addition to, the county permit.

1. What are setbacks?

Every zoning district sets minimum distances from property lines and road rights-of-way. Accessory buildings often have smaller side and rear setbacks than the house but larger front setbacks, and height limits of their own. Corner lots, county roads and state highways add rules. Your county planning department will tell you the numbers for your parcel; a survey or plat tells you where the lines actually are. Fence lines are not property lines.

2. What about easements?

A recorded easement gives someone else rights over a strip of your land. Common ones on rural southern Colorado parcels:

• Utility easements along road frontage and lot lines for power, phone and gas
• Access easements for a shared driveway or a neighbor's landlocked parcel
• Irrigation ditch and lateral easements, which are common in the Arkansas Valley and enforced by ditch companies
• Drainage easements along natural drainages

You generally cannot build a permanent structure on an easement, and utilities can require you to move anything that's in their way at your cost. Your title work and the recorded plat list them.

3. How far from wells and septic?

State and county health rules require minimum separations between septic tanks, leach fields, wells and buildings, and between your building and your neighbor's well and septic. A leach field also can't be driven over or built over. On rural parcels this frequently decides the site before anything else does. Locate your system on the site plan; if you don't know where it is, the county health department may have the permit.

4. Does floodplain and drainage matter?

Building in a mapped floodplain triggers extra requirements or prohibitions. Even outside a mapped zone, a low spot that collects spring melt or an arroyo that runs twice a year is a bad site for a building with a slab and doors at grade. We look at how water moves across the parcel at the site visit. See how to prepare your site.

5. What can an HOA or covenants require?

If your property is in a subdivision with covenants, expect rules on:

• Whether outbuildings are allowed at all, and how many
• Size, height and setback beyond the county minimums
• Exterior materials and colors: some require matching the house, and some restrict steel siding
• Design-review approval before the county will issue the permit

Read the covenants before you design. Color, trim and wainscot choices can help a steel building fit in, but some covenants restrict steel buildings outright, so check first. See steel garage vs stick-built garage.

What goes on the site plan?

The permit application wants a site plan showing property lines, setbacks, easements, existing buildings, the well, the septic tank and leach field, driveways and the proposed building. Getting that right up front avoids a redesign after the county reviews it. Permit requirements vary by county, and we'll walk you through what yours requires.

What are a few practical siting tips?

• Orient overhead doors away from the prevailing wind and the roof's snow-slide side.
• Leave room for delivery and turning. A truck and trailer need more space than you think. See how much room does a crew need?
• Put the building where you can get power and water to it economically. See getting utilities to a detached shop.
• Think about the view from the house and from the road; it's a permanent building.

Will we walk it with you?

Yes. During the site visit we look at the parcel with setbacks, easements and utilities in mind, so you can see where the building can actually go before you order. That visit is the first step toward your free quote anywhere in our service area.

Frequently asked questions

How do I find my setbacks?

Your county or town planning department publishes them by zoning district. Give them your parcel number.

Can I build closer to the line if my neighbor agrees?

Sometimes a variance is possible through the county, but a neighbor's verbal okay does not change the setback. Get anything like that in writing through the planning department.

What if there's an easement I didn't know about?

They're recorded on your deed, plat or title commitment. If you're unsure, a title company or the county clerk can pull them.

Does the HOA have to approve before the county permit?

Often the county wants the HOA's letter first. Start the design-review process early; it's often the slowest step.