Land Use and Zoning Law Archives -

Question: Is it Legal to Build a Greenhouse in my Backyard?

Written by ITL Attorney, Posted in Land Use and Zoning Law, Property Law

Answer: Yes it’s Legal in most cases. The legality of building or adding a greenhouse one on your property is obviously subject to various factors, including zoning laws, permits, property setbacks, size restrictions, and homeowners association regulations.

If you’re out in the sticks where no one can even see you have a new greenhouse constructed, things are easy, but if you’re in a more developed area you may need to do the following which we will discuss: obtaining necessary permits for the greenhouse and adhering to building codes and safety standards. Also looking at the potential implications of using a greenhouse as an accessory dwelling unit (ADU).

Zoning Laws and Permits

Zoning laws are local regulations that dictate how land can be used and what structures can be built on a property. These laws vary by city, county, and state, so it’s essential to research the specific requirements in your area.
To find local zoning laws and building permit requirements, start by visiting your city or county’s building department website or office. They can provide you with the necessary information and forms to begin the permit application process.
In most cases in cities and suburbs, you’ll need to obtain a building permit before constructing a greenhouse. This process ensures that your structure adheres to local safety standards and doesn’t violate any zoning restrictions.
- Example: In Portland, Oregon, a building permit is required for any greenhouse larger than 200 square feet or taller than 10 feet.
Failing to obtain the necessary permits can result in fines, legal action, and even the requirement to remove your greenhouse entirely.

While it may seem like a hassle to go through the permit process, as lawyers, we’d assure you that this is an important step in protecting both your investment. Skipping this step can lead to costly consequences down the road. We’ve rarely seen a city make someone take down a structure they spent a lot of money on, but you never know and some municipalities can be very draconian and even punitive..

Building or Buying a Kit?

Note: if you’re thinking of buying or constructing your own greenhouse, there are various options available to homeowners. A popular choice is DIY greenhouse kits, like this All-Metal Hoop House Kit below. These kits provide a convenient and cost-effective solution for those who want to construct their own greenhouse while ensuring compliance with building codes and safety standards. Click here for a link to their website.

The Gothic-shaped all-metal hoop house, for example, is made from US-manufactured galvanized steel and aluminum, and is NRCS compliant. It also includes all necessary components and instructions, eliminating the guesswork and streamlining the construction process.

By opting for a reputable DIY kit, homeowners can save time and effort in researching and sourcing materials, while still adhering to the legal requirements for backyard structures. However, it’s essential to remember that even with a kit, you’ll still need to obtain the necessary permits and approvals from your local building department and HOA before beginning construction.

Property Setbacks and Size Restrictions

Setbacks are the minimum distances that a structure must be from property lines and neighboring buildings. These requirements help maintain privacy, ensure proper drainage, and prevent overcrowding.
- Example: In many residential zones, structures must be at least 5 feet from the side and rear property lines.
Size restrictions may also apply to backyard greenhouses. These limitations can be based on the total square footage of the structure or its height.
- Example: In some areas, backyard structures cannot exceed 50% of the total yard area or be taller than the primary residence.
To determine the setback and size restrictions for your property, consult your local zoning ordinances or speak with a representative from your building department. We’ve seen city websites that make this easy, some not so easy.

Homeowners Association (HOA) Regulations

If you live in a community governed by an HOA, you’ll need to review their bylaws and covenants before building a greenhouse. Some HOAs have strict rules regarding the appearance, size, and location of backyard structures. Keep in mind we have friends in the hillcountry of Texas with 5-10 acre ranches out in the boonies who still have HOAs! They will let you farm pigs and shoot guns all day long, but they have very stright regulations on sight-lines from the street and what can or cannot be seen.
- Example: An HOA might prohibit the use of certain materials or require that greenhouses be screened from view.
To avoid potential conflicts, submit your greenhouse plans to your HOA for approval before beginning construction. Be prepared to make adjustments based on their feedback.
If you’re unsure about your HOA’s regulations, contact your HOA board or property management company for clarification!!

Building Codes and Safety Standards

Building codes are designed to ensure that structures are safe, stable, and energy-efficient. When constructing your greenhouse, you’ll need to adhere to these codes, which may specify requirements for materials, structural integrity, and ventilation. It’s usually not the end of the world if a greenhouse collapses, however in today’s litigious environment, it’s better to be safe than sorry.
- Example: Greenhouses may need to withstand a certain amount of wind load or snow load, depending on the local climate.
The International Building Code (IBC) and the International Residential Code (IRC) are the primary building codes adopted by most states and municipalities in the United States. However, some areas may have additional local amendments or requirements.
To ensure compliance with building codes and safety standards, work closely with your local building department and consider hiring a professional contractor familiar with greenhouse construction.

Greenhouse to Accessory Dwelling Unit (ADU) Conversion Considerations

An ADU is a secondary living space on a property, such as a guest house or apartment. Some homeowners may consider converting their vintage greenhouse into an ADU. Why? A well-built and rustic greenhouse with glass walls that is no longer being used for its original purpose can actually be lived in. Some people (mostly in colder climates) may be drawn to the idea of living in a converted greenhouse for its unique architectural features, abundant natural light, and connection to nature. It can also be an Air BNB idea for extra rental income.

However, using a greenhouse as an ADU comes with additional legal implications. Zoning laws may restrict the construction of ADUs or require specific permits and inspections.

Example: In California, ADUs must meet minimum size requirements and cannot be sold separately from the primary residence.

Converting a greenhouse into an ADU can also affect your property taxes and insurance coverage, so it’s essential to weigh the potential benefits and drawbacks carefully.

If you’re considering using your greenhouse as an ADU, consult with your local planning department to understand the specific requirements and restrictions in your area.

At the end of the Day

Adding a backyard greenhouse can be a rewarding and enjoyable project, but it’s essential to navigate the legal landscape carefully. By researching local zoning laws, obtaining necessary permits, adhering to building codes, and respecting HOA regulations, you can ensure that your greenhouse is a legal and valuable addition to your property.

FAQs

Do I always need a permit to build a backyard greenhouse?
- In most cases, yes. However, some areas may have exemptions for small, detached structures. Always check with your local building department for specific requirements.
What happens if I build a greenhouse without obtaining the necessary permits?
- Building without permits can result in fines, legal action, and the requirement to remove the structure or bring it up to code. It’s always best to obtain permits before starting construction.
Can I use my backyard greenhouse as a living space or rental unit?
- Using a greenhouse as an ADU is subject to zoning laws and may require additional permits and inspections. Consult with your local planning department to understand the specific requirements and restrictions in your area.
How can I find out if my HOA allows the construction of greenhouses?
- Review your HOA’s bylaws and covenants, which should outline any restrictions on backyard structures. If the information is unclear, contact your HOA board or property management company for clarification.
Are there any tax implications associated with adding a backyard greenhouse?
- Adding a greenhouse may increase your property value and, consequently, your property taxes. If you use your greenhouse for business purposes, such as selling plants, you may also need to report the income on your tax returns. Consult with a tax professional for guidance specific to your situation. In some states an agricultural exception might significantly reduce your tax burden, if you’re growing approved agricultural plants.

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Question: Growing Your Own Food, Is it Legal?

Written by ITL Attorney, Posted in Land Use and Zoning Law

Answer: Yes, it is obviously legal to grow your own food in most countries around the world, including the United States. Basically, you need to be doing so on your own property or on property where you have permission to garden. However, there may be specific local ordinances, HOA rules, or rental agreement terms that restrict or regulate the types, quantities, or locations of plants that can be grown. These regulations might address concerns such as maintaining sightlines for drivers, controlling pests, or preventing agricultural activities in residential areas.

We recommend you check with local authorities, your HOA (if you have one) or any landlords to ensure compliance with any applicable rules or regulations.

Laws Concerning Growing Your Own Food

When it comes to growing your own food, there are federal, state, and local laws and regulations to consider. At the federal level, the Right to Farm Act protects farmers from nuisance lawsuits, while the Food Safety Modernization Act (FSMA) sets standards for the safe growing, harvesting, and handling of produce. However, these laws primarily apply to commercial farming operations, not home gardens mind you.

State laws and regulations vary widely, with some states having more permissive laws than others. For example, California’s Neighborhood Food Act allows residents to grow food on their own property, regardless of local zoning ordinances. Other states, like Michigan, have passed laws protecting the right to farm and the right to keep backyard chickens.

We know it can be an un-optimal and frustrating situation, but local ordinances and zoning laws can have the most significant impact on your ability to grow food at home. These regulations may restrict the types of plants you can grow, the size and location of your garden, and even your ability to raise chickens or other livestock. It’s essential to research and understand the specific laws and regulations in your area before starting your home garden.

Common Legal Q&As

Is it legal to grow vegetables in my backyard? In most cases, yep. However, we recommend you check your local zoning laws and homeowners’ association rules to ensure there are no restrictions on home gardening.
Can I sell the excess produce from my home garden? Usually.. Some areas may require permits or licenses for selling homegrown produce, while others may have more relaxed rules.
Do I need a permit to start a home garden? Nope. However, if you plan on making significant changes to your property, such as building raised beds or installing irrigation systems though, you may need to obtain permits from your local government.
Are there any restrictions on the types of plants I can grow? Of course. Some local laws may restrict the cultivation of certain plants, such as cannabis or invasive species. Additionally, if you live in a homeowners’ association, there may be rules about the types of plants you can grow in your yard.
Can I raise chickens or other livestock for personal consumption? The legality of keeping chickens or other livestock varies widely by location. Some cities and towns allow backyard chickens, while others prohibit them. Be sure to check your local laws and regulations.
Are there any water usage restrictions for home gardening? During times of drought, some areas like the hill country of Texas and Southern California may implement water usage restrictions that could impact your ability to water your garden. It’s important to stay informed about local water conservation measures and adjust your gardening practices accordingly.
Can I use pesticides or fertilizers in my home garden? Yes, unless it’s a commercial-only product not legally sold to homeowners in which case there may be some gray-area legally.
Are there any legal requirements for composting? Composting laws vary by location. Some cities and towns have specific guidelines for composting, such as the types of materials you can include and the location of your compost bin. Check with your local government for specific requirements.
Can I share my homegrown produce with neighbors or friends? In most cases, yes. However, if you plan on regularly distributing large quantities of homegrown produce, you may need to look into local food safety regulations and permits.
What are the legal implications of starting a community garden? Community gardens are subject to local laws and regulations, which may include zoning restrictions, liability concerns, and rules about the distribution of produce. If you’re interested in starting a community garden, we recommend you work with your local government and experienced community garden organizers to ensure compliance with all applicable laws.

Re-cap

Growing your own food can be a rewarding and enriching experience, but it’s important to understand the legal fine print involved. By familiarizing yourself with the federal, state, and local laws and regulations surrounding home gardening, you can ensure that your garden is compliant and avoid potential legal issues (usually due to unforeseen circumstances).

Remember to stay informed about local ordinances, zoning laws, and water usage restrictions, and don’t hesitate to reach out to local resources, such as cooperative extension offices and gardening clubs, for guidance and support. Very importantly, staying informed and compliant with all applicable laws is essential for anyone considering growing marijuana/weed or any other controlled substance.

Some sources to help you grow food include forums such as: