Can a Neighbor Build a Shed Blocking My View of the Lake We Live on?

Visual Quality

• The value of lakefront and coastal property is connected to the view of the water. Scenic resources are considered a capital asset in areas where tourism and development is focused on the natural environment and the loss or degradation of a scenic waterfront view has a detrimental affect on property and community values. Preservation of scenic views is an important part of many waterfront communities. Local codes can help protect visual quality with certain restrictions.

Building Regulations

• Local land use zoning and site plan regulations normally require setbacks from the rear and side property lines for sheds and other outbuildings, and sometimes height restrictions and design requirements as well. There are also restrictions on the percentage of the lot that can be covered with buildings. Zoning for waterfront properties may extend the normal regulations on structures to include preservation of views both to and from the water, with increased attention to siting and design of the structure.

Riparian Setback

• Building setbacks from water are also required to preserve riparian vegetation and aquatic habitat; generally about 75 feet from the shoreline is protected. Federal regulations may prohibit removing trees or vegetation within the prescribed zone. Other levels of government may augment the protection with easements and other conservation measures. A homeowners' association may establish additional covenants that affect the building regulations, to protect both the natural environment and scenic quality.

Compliance with Regulations

• Some communities may not have special protection for views, even for waterfront properties. But an outbuilding still has to meet the setback and any other requirements in the local code, and comply with any federal and state or provincial regulations for waterfront lands. In most communities a homeowner can apply for a variance for a proposed structure that doesn't meet the regulations. The process usually includes an opportunity for neighbors to register objections.