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Permits and property

How close to the property line can concrete go?

The short answer

For a slab, a patio or a drive, the distance to a lot line is a zoning setback, set by a local ordinance rather than by either state's zoning statute. We found no county-wide zoning in several counties around here, so ask the town or county planning office and read your plat and any recorded declaration. In Virginia, house and garage walls also answer to the residential code, which ties how a wall is built to its distance from the lot line.

Why nobody can hand you a distance over the phone

Virginia's general zoning grant is Code of Virginia section 15.2-2280, and the word that decides everything is may. A locality may, by ordinance, sort its territory into districts, and in each district it may regulate and determine the areas and dimensions of land to be occupied by buildings, structures and uses, and the open spaces to be left unoccupied. That last clause, open spaces to be left unoccupied, is what a setback is. The statute authorizes one. It sets none.

North Carolina works the same way through a different chapter. G.S. 160D-702(a) says a local government may adopt zoning regulations, and that such a regulation may regulate and restrict the size of yards, courts and other open spaces. Same permissive verb, same silence on any figure.

So a zoning setback number comes out of one specific ordinance, for one specific zoning district, in one specific jurisdiction, and a recorded plat, deed or declaration can draw a line of its own. A figure a neighbor repeats, or a figure off a page written for somewhere else, is worth nothing on your lot. We will not print one here and you should be wary of anybody who does.

The building department and the zoning office ask different questions

Start with what Virginia's building code statute is actually about. Code of Virginia section 36-98 says that such building code shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies. Building codes and regulations. That is a statute about how a thing gets built. The power to set a zoning setback lives in a different statute, the zoning grant at section 15.2-2280, and it belongs to whichever locality chose to use it.

So the zoning administrator rules on the setback, and the building official rules on how the work is built, which can reach the line as well. Where the building official asks for a site plan, Section 109.2 of the Uniform Statewide Building Code has it show "the distances from lot lines to all proposed construction," drawn "in accordance with an accurate boundary line survey." And for the wall of a house or a garage, Section R302.1 of the Virginia Residential Code sets how the wall is built by its fire separation distance, which for a wall facing a neighbor is measured to the closest interior lot line, subject to the exceptions that section lists. Around here those are often two phone calls, and sometimes two different governments. Our Virginia permit guide covers the building side; this page is about the zoning line.

Whether a patio or a driveway is even the kind of thing your ordinance is measuring is its own question, decided word by word in the local definition of structure, and our patio permit answer takes that one on by itself. It is a real question and it deserves more than a clause here.

Four counties around here where we found no county-wide zoning

This is the part that surprises homeowners and it is verified from each body's own pages, read between September 7 and September 11, 2026. Carroll County, Virginia has no general zoning ordinance and its own Planning Commission page says the draft was tabled until further notice. Wythe County, Virginia has none. Patrick County, Virginia's own complete ordinance list carries three zoning ordinances and all three are site specific, a recreational access, an industrial park and a corporate park, with no general ordinance among them. Alleghany County, North Carolina describes its County Planner's job as floodplain, subdivision, towers, ridge development and watershed protection, and zoning is not in the list.

Now the part that stops you generalizing. Grayson County shares a border with Carroll and is the opposite case: a full county-wide zoning ordinance, a numbered zoning permit form, a variance application and a published zoning fee schedule. Carroll and Wythe also share a border, and neither one of them zones. One county over is not a guide to the next one in this corner of the two states, in either direction.

Two honest caveats travel with that list. Wythe County's own land use page, updated August 2026, calls its ordinance a draft and says no action has been taken for adoption at this time, and the draft list has moved more than once, so treat that as true on a read date rather than settled forever and call the county before you rely on it. And Floyd County we could not close either way from the county's own pages, so we route Floyd to a call instead of writing an answer we cannot back.

The town line matters more than the county line

Hillsville is the cleanest proof of it. Carroll County has no zoning and Hillsville, sitting inside Carroll, has a zoning chapter whose sections run from 171-1 through 171-153. Hillsville also writes its setback line in a way worth knowing: its own code defines a setback line as a line running parallel to the street which establishes the minimum distance the principal building must be set back from the street line. We have not read Hillsville's table of bulk requirements section by section, so we will not put a Hillsville distance on this page. The town zoning administrator has it.

The same pattern repeats. Wythe County's own FAQ says the towns of Wytheville and Rural Retreat are zoned by their respective municipalities. Grayson County's zoning page says the incorporated towns of Fries, Independence and Troutdale administer their own zoning, which is a county page describing towns, so confirm it with the town itself.

North Carolina adds a wrinkle Virginia does not have. Surry County's zoning subchapter says in terms that it does not apply in the incorporated areas of Dobson, Elkin, Mount Airy or Pilot Mountain, or in the established extraterritorial jurisdictions of those municipalities, apart from one provision on wireless communication towers that reaches inside the Town of Elkin's planning jurisdiction. A town's planning reach there can extend past its own corporate limits, which means the parcel you think is county may not be.

Even where there is a number, it is only half the instruction

The other half is what the measurement actually runs between, and on that point the local ordinances split as well. Pulaski County's Unified Development Ordinance defines a setback as the minimum distance by which any building or structure must be separated from a street right of way or lot line, as measured to the vertical wall or gas pump canopy. The measurement is taken to a vertical wall.

Surry County, North Carolina measures to something else again: the minimum required horizontal distance between a structure and the lesser of either the lot line, the street right-of-way line, or the line that marks the beginning of street maintenance by NCDOT. That third reference line is one most homeowners have never heard of, and on a rural frontage it is not where anybody assumes it is.

So three of the pieces a real answer needs, the number, the thing being measured and the line it is measured to, all come out of the same local document. Reading one of those pieces off a different jurisdiction and pouring to it is how a slab ends up in the wrong place with nothing to appeal to.

One authority gone is not every authority gone

Carroll County has no zoning and still runs an erosion and sediment control ordinance, and a floodplain permit whose own application defines development to include paving. Wythe County's FAQ lists what it leans on instead of zoning: the comprehensive plan as policy guidance rather than regulation, solar siting agreements negotiated case by case, state level permitting processes, subdivision ordinances and building codes. And every one of these places still sits under VDOT or NCDOT where a driveway meets the road. Losing one authority is not the same as losing all of them.

What that means for your job is simple. Before a form board goes down, settle which county the parcel is in, whether it sits inside a town, and whether anything is going close to a line. If it is, call the zoning office for that jurisdiction first. The Carroll County permit page lays out one county's offices, zoning line and all.

Do not guess a distance, do not pour to a line somebody remembered from a previous house, and do not treat what one county allowed as evidence about the next one. In this corner of Virginia and North Carolina that last habit is the expensive one.

Good questions

My county has no zoning. Can I pour right up to the line?

That is not the conclusion to draw. A county without zoning has removed one authority, not every authority. If the lot is inside a town, the town may have zoning of its own, so ask the town. Erosion and sediment control, floodplain rules and the road frontage are all still live. And the deed, the plat and any recorded declaration can carry an easement or a restriction that has nothing to do with zoning, so read them before you pour; a recorded declaration binds the lot owner in its own right, as the HOA answer explains. Ask the town first, then the county.

Can you just find the setback for me?

The number should come from the office that enforces it. Where a setback exists, the zoning administrator for the town or county is the one who gives it, and the recorded plat and deed show whether anything else crosses the line. We have not read every dimensional table in every ordinance around here, and a distance we half remembered would be worse than no distance at all. The call to the zoning office is short and it is free.

Does the building permit take care of the setback?

No. They answer separate questions, often from separate offices, even where both look at the line. Section 36-98 is a statute about building codes: it says the state code supersedes the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies. The power to set a zoning setback lives in section 15.2-2280, and it is a locality's to use or not. A building official can ask for a site plan showing the distances to lot lines, and a house or garage wall has fire separation rules of its own, but approving how a slab is built does not settle whether zoning allows it where you put it. Ask the zoning office that question.

Not sure where your line actually falls?

Settle the distance with the zoning office for your town or county before a single form board goes down, then call 276-733-3750 about the concrete.

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