Legal Question in Real Estate Law in Maryland

Legal ethics expected from the representatives of the administrative law

Given the following text from the Zoning Code regulations:

Sec.24-1.Definitions

Building line. A line beyond which the foundation wall or any enclosed porch, vestibule or other enclosed portion of a building shall not project.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.

Yard. A required open space unoccupied and unobstructed by any structures or portion of a structure, subject to height limitations as indicated herein.

Sec.24-146. Setback requirements. Buildings and structures within an I-3 Zone shall be set back a minimum of fifty (50) feet from any property line.

Sec.24-167.Fences, walls, and hedges. No fences, walls, or hedges shall be erected in the city except in conformance with the following regulations:

(6) Setbacks: The building line and yard requirements of this chapter shall not apply to fences, walls or hedges.

Question:

Based on the text, is the approval of a fence on the property line on an I-3 Zone lot in violation of the provision in Sec.24-146 or is it not? Thank you.


Asked on 9/26/00, 11:04 am

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Legal ethics expected from the representatives of the administrative law

I presume from your question that you would like to challenge the decision by some administrative body to approve a fence. If that is true, I am guessing that you have quoted some zonging regulation language from your jurisdiction in the hope that it would somehow bar the construction of a fence.

I cannot offer a legal opinion about a statute and/or regulation from an un-named jurisdiction, about which I have only seen a portion. However, I would point out that the words you have quoted do themselves state expressly in pargarph 6 that the set-back requirements do not apply to fences.

And that makes sense, set-back requirements are intended to make sure that people don't construct "buildings" (to use a layperson's word) too close to the property line -- they aren't intended to prevent property owners from marking and/or securing their property by means of fencing.

Having said that, if you are opposing a fence, you may have other arguments that you do not realize and you should probably speak to an attorney to explore your options. You should do so immediately, because there are absolute deadlines with which you must comply in order to perfect an appeal from the decision of an administrative agency.

I would be happy to chat with you for a few moments if you like -- just give me a call.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

[email protected]

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Read more
Answered on 10/26/00, 11:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland