Is it Legal to Blacktop a Front Yard?

Boundary Issues

• Before pouring the blacktop, you must know where the property line sits, which is the dividing line between your property and any neighboring properties. Easement laws allow one homeowner to use part of a neighboring property, provided the item sat on the property for a specific number of years. For example, a fence that is technically on your neighbor's property can continue to sit on the property if it was there for five years or more. When laying new blacktop, you must ensure that the blacktop sits on your property alone. If the blacktop creeps onto a neighbor's yard, the neighbor has the right to demand the blacktop be removed and even sue for damages.

Design Requirements

• Individual cities and states have the right to regulate blacktop used as a driveway. Pennsylvania Code 441.8, for example, regulates driveways used for private homes and public buildings. The blacktop must contain a 10-foot distance between the driveway and the road. The driveway must also meet minimum sight distance requirements, which ensure that drivers parked on the blacktop have a clear view of the road passing behind the driveway. Local ordinances may also pertain to the slope of the blacktop. The blacktop must have a slight slope, which allows water to drain off the driveway.

Proper Permits

• No work can be done on your home or yard without the proper permits. Montgomery County in Maryland, for instance, requires homeowners to apply for a Right of Way permit before laying blacktop for a new driveway. Permits are also required when you change an existing driveway, or change the purpose of your current driveway. If you lay blacktop to create a larger driveway, then you need a permit.

Sizing Considerations

• Check with the city planner in your area regarding sizing issues relating to blacktop. Depending on how far you plan on pouring the blacktop, you may need a zoning permit. Cities typically limit the size of the driveways as well, with the size based on the number of cars parked on the property. The city may limit a one- or two-car driveway at a width of 10 feet.