Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addressed by Judge Latwin? Tell us.
By Joe Latwin
A reader asks “What is the current law in The City of Rye for hedges/ tree/ plant growth on property boundaries? How does that affect property on street corners? And of course, who enforces these laws?
Is it a maximum of four (4) feet on property corners abutting streets?
Let’s start with some basics. Rye City Code section 90-2 defines “fence” as “A structure made of any materials, or combination of materials, with clearly visible spaces between component parts, which encloses, separates, divides or defines a lot or portion thereof.” Plantings are not included in the definition of structure.
Rye City Code section 90-13 says “no structure or planting of bushes or trees shall be maintained, or shall be allowed to remain, on any lot within 25 feet of any street corner intersection, measured in any direction by the shortest distance to the nearest corner, at a height in excess of three feet above curb level or so as to interfere with the visibility of vehicle traffic across the corner.” So, from the nearest corner intersection for 25 feet, any bushes or trees cannot be more than three feet above the curb level. On a corner lot, you would measure 25 feet in each direction from the corner to see where the height limit applies. This rule is for safety to allow traffic to be able to view traffic coming down the street.
About 30 years ago, there were several cases before the Zoning Board of Appeals that dealt with trees on the property lines adjacent to streets interpreting what was permitted or allowed by variance. In addition, no structures are permitted in a required front yard. The front yard set back varies in each zoning district and ranges from 25 to 70 feet.
These provisions of the Code are enforced by the Building Department.
As I usually suggest, be a good neighbor. If your plantings are blocking the view of traffic, think of your neighbor’s safety. This may also avoid being a defendant in a civil case where it might be claimed that your plantings were a proximate cause of any accident, especially if your plantings would violate the restrictions on height, and subject you to a judgment for damages.
On a personal note, I have long advocated that we don’t make our beloved City look unwelcoming and fortress-like by walling our properties off from passersby.
