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.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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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