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  1. #1
    Join Date
    Oct 2019
    Posts
    1

    Question Fence and Road Distance

    My question involves personal property located in the State of: NEW YORK
    What is the legal distance a fence (wood) need to be from the road?
    My property line is along the road but I am guessing there is a distance from the side of road or center of road?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,549

    Default Re: Fence and Road Distance

    I have a feeling that this is going to be a local issue and would definitely depend on the type of road.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: Fence and Road Distance

    Agree. If there's any rule/law about this, it will be on the local level.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,662

    Default Re: Fence and Road Distance

    Most roads that have been dedicated and accepted by a local jurisdiction have a paved area from the centerline of the road measured back to your propery. But they also have an easement beyond the paved area that can be used for utility purposes such as storm water runoff drainage or water lines, sidewalks, or other utilities. The easement may be held by the municipality or by an independent utility company such as a power or telecomm company. This easement is on your property most often beyond the property line on your survey.

    So two things come into play when determining where to put your fence abutting a road. The first is what the other poster have said that you must first comply with local zoning in the placement of the fence with regard to the setback from the road. The second is where does the terminus of any easement abutting the road lie.

    If you place the fence within an easement area, you may at some point have to remove or replace the fence. For example: If the local jurisdiction has an easement that would allow the installation of sidewalks or shade trees at some future date or a utility company wants to install or upgrade underground utilities and your fence is within that area, you may have to relocate the fence.

    So first check with your local jurisdiction about the zoning ordinances and then find out if a utility easement associated with the road exists and where is the terminus on your property.

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