Understanding Building Setbacks: Plats, Zoning, and Covenants
When you’re planning a new building, addition, or even a simple shop in the backyard, building setbacks are one of the first things that can make or break your project.
A setback is the required minimum distance between a structure and a property line or other feature (street, easement, creek, etc.). These rules are there for safety, access, utilities, and neighborhood appearance—but they don’t all come from the same place.
In most Texas projects, setbacks usually come from one (or more) of these three sources:
- Setbacks dedicated by a recorded plat
- Setbacks controlled by local zoning ordinances
- Setbacks created by restrictive covenants (often tied to HOAs or subdivisions)
Below, we’ll walk through what each of these means, how they differ, and where they typically show up on your land survey.
1. Setbacks Dedicated by a Recorded Plat
A recorded plat (sometimes called a subdivision plat) is a detailed map of a subdivision that has been reviewed and approved by the city or county and then recorded in the public records.
On these plats, you’ll often see:
- “Building line” or “building setback line” (BL or BSL)
- Specific distances like “25’ Building Line” or “10’ Side Yard Setback”
- Notes that apply to all lots within the subdivision
Key points about plat-dedicated setbacks:
- They are tied to the land itself and apply to every lot shown on that plat.
- They’re recorded in the county records and are considered public notice to future buyers.
- They often set the original framework for how far homes and structures must sit from streets, rear alleys, and side lot lines.
On a survey, these setbacks normally appear as dashed lines labeled with their distance from the property line.
2. Zoning Setbacks Controlled by Local Ordinances
Even if your plat is silent, you are still subject to zoning regulations adopted by your city or county.
Zoning setbacks are defined by your property’s zoning district, such as:
- Single-Family Residential
- Multi-Family
- Commercial
- Industrial
Each zoning district has its own front, side, and rear yard requirements. For example:
- Front yard: 25 ft
- Side yard: 5–10 ft
- Rear yard: 15–25 ft
These rules are usually found in the city’s zoning ordinance or development code.
Key points about zoning setbacks:
- They are created and enforced by the local government.
- They may be updated over time, even after your subdivision was first platted.
- If your property is rezoned, your required setbacks might change.
- Exceptions or changes often require a variance from the city’s Board of Adjustment or similar body.
On a survey, zoning setbacks may or may not be drawn automatically. Often, your surveyor will note the zoning classification and any known setback requirements if that information is provided or requested.
3. Setbacks Dedicated by Restrictive Covenants
Restrictive covenants (sometimes called deed restrictions or CC&Rs – Covenants, Conditions & Restrictions) are private rules that typically apply to all owners within a subdivision or community. They are often established by the developer and later managed by a homeowners association (HOA) or property owners association.
These documents can include:
- Additional setback requirements
- Minimum house size
- Architectural standards and materials
- Fence height and location rules
- Rules about outbuildings, pools, and sheds
Key points about covenant-based setbacks:
- They are private restrictions, not city ordinances—but they are still legally binding.
- They can be stricter than zoning (for example, requiring a 30 ft front setback where the city only requires 25 ft).
- Enforcement typically comes from the HOA or other property owners—not from the city.
On a typical survey, restrictive covenants themselves may not be shown line-by-line, but the surveyor may reference them in the title commitment or notes, especially if they affect setback or building locations.
So… What’s the Difference Between These Setbacks?
Even though all three affect where you can build, they come from different sources and can be enforced in different ways.
1. Source of Authority
- Recorded Plat:
Created by the developer, approved by the city/county, and recorded in the public records. - Zoning Ordinances:
Created and enforced by the city or county government through their zoning code. - Restrictive Covenants:
Created by the developer/landowner and enforced by private parties (HOA, neighbors, etc.).
2. Where You Find Them
- Plat Setbacks:
On the recorded subdivision plat at the county clerk or online GIS/records portal; shown on many surveys as building lines. - Zoning Setbacks:
In the city’s zoning ordinance or development code, usually searchable by zoning district. - Covenant Setbacks:
In recorded deed restrictions/CC&Rs, often provided in your closing documents or by your HOA.
3. Who Enforces Them?
- Plat Setbacks:
Typically enforced by the city/county through the permitting and inspection process. - Zoning Setbacks:
Enforced by the city’s planning/building department. Violations can lead to stop-work orders, fines, or denial of permits. - Covenant Setbacks:
Enforced by the HOA or other property owners, sometimes through fines or civil action.
4. Which One “Wins” If They Conflict?
In most cases, the rule of thumb is:
The most restrictive setback applies.
Example:
- Zoning front setback: 25 ft
- Plat front building line: 30 ft
- HOA covenant front setback: 35 ft
In practice, you should plan to stay 35 ft back, because that’s the most restrictive—building closer could violate the covenants even if the city would otherwise allow it.
How Setbacks Show Up on a Land Survey
When you order a boundary or ALTA/NSPS survey, your surveyor can help show relevant setback information, especially when:
- A current title commitment is provided (showing plats, easements, and covenants)
- The zoning district and known setback requirements are provided or requested
On your survey, you may see:
- Dashed lines labeled “Building Line” or “Setback Line”
- Notations like “Per Plat,” “Per Zoning,” or “Per Restrictions”
- Easements for utilities, drainage, or access that further limit where you can build
This drawing becomes a critical tool for your architect, engineer, or builder to design within all applicable setback limits.
Why Understanding Setbacks Matters for Owners and Developers
Getting setbacks wrong can be expensive and time-consuming. Common problems include:
- Additions too close to the property line that cannot be permitted
- Shops, sheds, or pools built inside setback areas that later trigger complaints or enforcement
- Commercial projects that have to be redesigned late in the process because zoning setbacks were overlooked
- Delays in closing or financing when ALTA surveys reveal conflicts between existing buildings and current setback rules
Taking the time upfront to understand your setbacks—and having them clearly shown on a survey—can save you from redesigns, legal headaches, and project delays.
How Global Land Surveying Can Help
At Global Land Surveying, we regularly work with:
- Homeowners planning additions, pools, and backyard structures
- Builders and homebuilders designing new homes on platted lots
- Commercial clients needing ALTA/NSPS surveys and detailed site data for development
We can:
- Locate and show recorded building lines from plats
- Incorporate zoning information when provided or requested
- Reference restrictive covenants that impact building locations (based on your title documents)
- Produce clear maps your design and permitting teams can rely on
Before you design, permit, or build, it’s wise to confirm your building setbacks on a current survey.
Quick FAQs About Building Setbacks
Q: How do I find out what setbacks apply to my property?
A: Start by checking three places: (1) your recorded plat, (2) your city’s zoning ordinance based on your zoning district, and (3) any restrictive covenants or HOA documents. A current survey, combined with your title work, can help tie it all together.
Q: What if my existing house already violates current setbacks?
A: In many cases, older homes may be considered “legal non-conforming” if they were built under earlier rules. However, additions and new structures usually have to meet current setback standards. Always check with your city or county before building.
Q: Can I get a setback changed?
A: Sometimes. Zoning setbacks may be adjusted through a variance process, but approval is not guaranteed. Changing plat-dedicated setbacks or restrictive covenants can be more complex and may require formal amendments and approvals.