Where are construction setbacks measured from?
March 1, 2009 12:28 PM Subscribe
When a survey map and the real world differ, where are construction setbacks measured from?
posted by werkzeuger to law & government (5 answers total)
I’m planning residential construction in rural Pepin country, Wisconsin USA. In preparation I had a survey made by a licensed land surveyor. They placed metal pins at the property corners and created a survey map showing property boundaries. The map also shows the centerline and right-of-way lines of the town road we have frontage on (and driveway access to).
I have to obey setback requirements from this road. The setback code reads: “30 feet from the right of way or sixty-three feet from the road centerline, whichever is greater.”
The confusion: what the map indicates as the center of the road seems several feet off from what appears to be the center of the as-built, IRL pavement. Adding to this confusion, this is a low-maintenance country road of macadam with indistinct edges. So, when it comes time for the inspector to verify that I’m following the required setback, what will he/she measure from? Will they just “eye” the pavement? Or will the existence of my map of survey take precedence?
Yes, I realize the answer ultimately lies with the authority having jurisdiction. But I would welcome insights and anecdotes to prepare me for that conversation. For various reasons the site restrictions are quite tight and I need every foot I can get!