by Jerry Peck - Codeman on Mon Jul 07, 2014 11:07 pm
That would be a local zoning requirement.
Typically, the building department is who you would ask because they would know the zoning setbacks for the town.
If the town is a large city, the building department may direct you to the zoning department for the answer to that question, however, the different counties and cities I've worked in, the permit would go to the building department and to the zoning department (sometimes one first then to the other, sometimes to both at the same time), nonetheless, for informational purposes, the building department had a good idea of what the setbacks were from having inspected the setback on various project - but the zoning department would have final say in the setback if a question came up as to something being within the setback or not.
Also, some places also have minimum distances to stay from trees with pouring concrete or asphalt as those are not considered permeable and the tree could be killed from the concrete or asphalt being too close to it. Some place it is 3 feet out from the tree trunk, some places use 6 feet, others use the drip line of the tree, still others base it on the type, size, and species of the tree.
Jerry Peck - CodeMan
AskCodeMan.com
Construction Litigation Consultant - Retired
Construction and Code Consultant - Semi Retired