Can you plant shrubs in place of a fence and grow those shrubs super-high? Louisiana law states that if you suffer any damage from trees planted on the boundary line, then you have the right to demand that the tree be torn down, or if the roots extend onto your property, you have the right to trim them up to the property line, but you must get your neighbor's consent to enter his or her property. If someone deliberately damages an owner's tree, they are liable to the owner for triple damages. endobj One ordinance states that the owner of any dog roaming at large is responsible for actions and damages caused by the animal. Learn more about FindLaws newsletters, including our terms of use and privacy policy. <<9C82CCE198B02A40952EF00AE3422C56>]>> Generally, a building permit shall not be required for the following, unless in the opinion of the Code Official, it involves a hazardous or complex condition which requires permitting and inspection: For the purposes of determining substantial improvement/damage in accordance with NFIP,the below exemptions for permit shall be included in the cost estimate: Generally, work authorized under permit issued must begin within 6 months of permit issuance. jefferson parish fence code. Joseph S. Yenni Building1221 Elmwood Park Blvd., Suite 601Jefferson, LA 70123Phone Numbers:Planning Main Line (504) 736-6320Fax (504) 731-4560. Deane Biermeier is an expert contractor with nearly 30 years of experience in all types of home repair, maintenance, and remodeling. Please try again. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Nolo's Fences and Neighbors FAQ. Any construction work within the Metairie Ridge Tree Protection District (MRTPD) and the Old Metairie Neighborhood Conservation District (OMNCD) that could potentially damage a significant tree, will require a permit. hO I)^hL@0S{&h(&H\xej\h-. Click here to view the My Government Online informational video. !J6qA_ " E-Commerce Site for Mobius GPO Members Some local height restrictions contained in fencing laws apply to natural fences made of bushes or trees. Pools deeper than 18 inches or wider than eight feet, at any part, must have a barrier in Arizona. On most residential lots, the Zoning Ordinance only allows a fence or wall of 4 feet or less in the front yard. The placement of a row of trees or bushes that border a property will usually meet the definition of a fence. Pools must be enclosed by a 5-foot wall, fence or other barrier. 33-2.21.5. permit required for masonry or concrete fences over 3 . To determine if these laws apply to you, start at the city or county level with the planning and permitting department. The Department of Inspection and Code Enforcement shall forward the application to the Parish Attorneys Office, which will submit the application to the Land Use Review Technical Committee (LURTC) for review. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Name The height of fences placed on retaining walls or on fill shall be measured from the side of the fence with the lowest elevation of soil adjacent to the fence. Minor ordinary repairs may be made with the approval of the Inspection and Code Enforcement Department, without a building permit. Who is responsible for the maintenance of a fence between two properties? The intent of these regulations shall be to assure a clean, healthful, and safe environment for all public-bathing places and all public pools as may be designed, constructed, operated, and/or remodeled after date of adoption. State Statutes. 0000004481 00000 n 0000000916 00000 n endstream endobj 29 0 obj <>stream Both landowners have the right to compel the other to contribute to the shared fence based on the principle that the liability for the expenses of common fences is based on the common benefit. (Parishwide), Moratoria and Interim Development Standards, When the Parish Council adopts a resolution that authorizes a study of the parishs development regulations, it may choose to impose a moratorium or interim development standards during the course of the study. about the property issues covered in this article and other disputes between A structure seven feet tall or less must stand behind a fence, wall or landscaping, or sit three feet from neighboring properties in the absence of screening. Have the repair work performed. (Parishwide), TXT-2-22 Mechanical Equipment Study A text amendment of Chapter 33 Unified Development Code and Chapter 40 Zoning of the Code of Ordinances of the Parish of Jefferson; to establish and amend zoning regulations and standards for mechanical equipment; and provide for related matters; as authorized by Council Resolution No. Such repairs shall not violate any of the provisions of the technical codes or any other Parish laws or ordinances. In about all single-family residential-zoned districts, accessory buildings such as sheds, detached garages, pool buildings, cabanas, etc. For one, it can be awkward to approach a neighbor who you like and propose a fence. If you want to build a fence on the property line, are you required by law or any other regulation to notify your neighbor? 0000001282 00000 n Can you bypass these issues by installing the fence just inside your property? Frequently Asked Questions. It is the architect, contractor, and/or property owners' responsibility to design slopes and elevations on private property to adequately tie-in to right-of-way requirements. Fences in rear and side yards can not exceed 6' in height and must be located inside the property lines. Their hours of operation are Monday thru Friday, 8:30 a.m . 20 0 obj <> endobj Under these statutes, the neighbor may sue for its removal. The time allotment tends to be short: in the range of 30 or 60 days, rather than in months or years. The Parish may condition the approval of a reasonable accommodation or may approve alternative reasonable accommodations. East Bank OfficeJoseph S. Yenni Building1221 Elmwood Park Blvd., Suite 101 Jefferson, LA 70123 Phone: (504) 736-6957, West Bank Office1855 Ames Blvd., Suite AMarrero, LA 70072 Phone: (504) 364-3512. The law also specifies certain requirements for these barriers as well. Can my neighbor build a fence on the property line? trailer Front end yard Gretna fences are normally 3' to 4 in height, also fencing within the twenty foot distance of the foremost acreage line should stand three feet or smaller. Get daily tips and tricks for making your best home. But what if your neighbor builds a highly expensive palisade security fence? Tennessee Code 44-8-203 Damages for failure to maintain fence. Counties & Cities of Louisiana. 0000018602 00000 n Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) Properties in Flood Zone AE are required to carry flood insurance if they have a federally backed mortgage. What happens if my neighbor doesn't want to pay for half of the fence? Your local statutes may allow a court to halt the construction of a spite fence. This usually happens if the dominant estate issues notice that they need to work on the easement. Even though you may want to build any kind of fence anywhere, at any height, and at any position to the property line, chances are good that in your area you cannot do this. R-3 Multiple-Family Residential zoned property between Westbank Expressway, Silver Lily Lane, Acre Road and Cohen Road. stream They are allowed to do this. 0000011356 00000 n Approval from Parish Attorney is required before issuance of a building permit for any property which has been cited for any violation by Jefferson . These regulations shall be known as, and shall be cited as, the "2018 Residential Code for One-and Two-Family Dwellings of Jefferson County, Colorado" and shall be referred to herein as "this code." Add the following new Section: R101.2.1 Date effective. For example, Washington State law states that "[the neighbor]shall pay the owner of such fence already erected one-half of the value as serves for a partition fence between them." Approval from Parish Attorney is required before issuance of a building permit for any property which has been cited for any violation by Jefferson Parish CodeEnforcement. 13 Landscaping Ideas for Creating Privacy in Your Yard, How to Build a DIY Firepit for Your Backyard, Within 15 feet of a street line or street curb, When traffic sight distances are impaired. Write a letter to the neighbor explaining the problem with the fence. These can be located by yourself or by hiring a locating service. Prefabricated or corrugated metal panels, and other related material shall be considered compatible with the existing residential development of the parish and permitted as exterior wall material. +359 821 128 218 | oxford place tampa palms hoa References Writer Bio Laws vary, but in many places a neighbor can build a fence directly on a property line. In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. (Application available at Permit Office) 14. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Many of us have received certified letters from Jefferson Parish's Property Maintenance, Zoning and Quality of Life department telling us that all "non conforming short term rentals within Jefferson Parish must cease operation" after February 21, 2019. For maximum construction time allowed, consultation with the Department is recommended. How can I have the ordinance enforced? 0000002311 00000 n If state or local laws provide a provision, request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. Subdivision CC&Rs, however, often have provisions that regulate the appearance of fences. Easements on personal property can go unnoticed and remain trouble-free for a long time. Demolition. Consider legal help with your fencing law concerns. Holes should be no bigger than 4 inches in diameter. In Louisiana, a fence that is on the boundary is presumed to be a common fence. HlA "3zoWuFp?tx ;~FB4 |i. Some municipalities require a site plan which includes the location of property corner markers (pins) to obtain a permit. Created byFindLaw's team of legal writers and editors Many natural fence height restrictions range from five to eight feet. In this case, it might be more to your benefit to decide the matter in civil court. The state of Louisiana requires that Class A swimming pools (used for competitions or diving) and Class B swimming pools (exceeding 2.9 feet) must be enclosed with some type of barrier such as a fence, wall, or other enclosure. Fortunately, Louisiana's state laws can provide much needed clarity for homeowners. TXT-1-22 Tree Preservation Study A text amendment of Chapter 33 Unified Development Code and Chapter 40 Zoning of the Code of Ordinances of the Parish of Jefferson; to amend standards and procedures pertaining to tree preservation, including tree replacement, violations, enforcement, and penalties; and provide for related matters; as authorized by Council Resolution No. Sarah Scott is a fact-checker and researcher who has worked in the custom home building industry in sales, marketing, and design. Administration Mon-Fri 8:00 am-4:00 pm Phone: 504-363-5500 Fences are typically built between 2 and 8 inches from the line between properties. A neighbor constructed an unsightly fence that is inconsistent with the style of the surrounding neighborhood. Unless you and your neighbor came to an earlier agreement, you may still be obligated to pay for half of that expensive fence. 3 Replacement: This ordinance replaces Town of Jefferson Ordinance 06-02 in its entirety. Contact us. For example, you may need to use a permeable patio material to minimize stormwater . xref The construction of a fence or wall requires a building permit. 139765 adopted May 25, 2022. Whenever you expand the house in any way or alter the house's envelope, you will need a permit. 2023 Jefferson Parish, LA. But what if the homeowner wants to take action with the easement, such as erecting a fence on or near it? The written decision to grant, grant with modifications or conditions, or deny a request for reasonable accommodation shall be consistent with applicable fair housing laws and based upon certain factors. Jefferson Parish Jefferson Parish Animal Control Phone: 504.349.5111 Email: JPAnimalShelter@jeffparish.net Jefferson Parish Animal Laws Jefferson Davis Parish Jefferson Davis Parish Animal Control Phone: Based on City - Click above link for FAQs including which number to call in your city. The following updated off-street parking requirements shall apply: All reasonable accommodations applications. If you are in violation, the city typically will issue a written notice of non-conformance, along with a requirement that the fence be lowered or set back. To find out whether Louisiana has such a statute, check the table below. Stat. Jefferson County mandates that public pools have permanent depth markings, as well as pool regulations and instructions that are posted in a conspicuous manner. Overview. My Permit Now (My Government Online; Customer Portal version for public use) is new software application that the Department of Inspection and Code Enforcement and other departments are using to efficiently track permits and licenses. For Customer Portal Reports Instruction (1.3MB PDF file), click . Replacement or installation of water heaters, toilets, faucets, etc. Kenner Clerk Kenner LA 1801 Williams Blvd 70062 504-468-7277. Robert Frost famously said that good fences make good neighbors. Deane is a member of The Spruce's Home Improvement Review Board. To determine if these laws apply to you, start at the city or county level with the planning and permitting department. The fence was built before the passage of the law:If a previously existing fence violates new height regulations, in most cases it can remain under the legal theories of "granfathering" or "adverse possession". Copyright 2023, Thomson Reuters. However, you may be able to seek reimbursement for damages to the property through a civil action. Jefferson Parish has implemented pre-inspections for all residential generator permits to verify that the proposed generator location meets manufacturers installation instructions and technical code requirements for the safety of occupants of ALL surrounding buildings. Our mission is to ensure compliance with laws pertaining to structural development within Jefferson Parish in an efficient manner, and to abate abandoned and blighted structures, for the overall safety of our citizens and visitors. 1233 Westbank Expressway Harvey, LA 70058. All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. (To learn more about damages and criminal penalties in tree injury cases, see Nolo's article When a Neighbor Damages or Destroys Your Tree. We require a Miscellaneous Permit for gates. 0000004109 00000 n If one party refuses to cooperate, the other party can do any of the following: Local fencing laws guide fence requirements, such as the height of a fence, how far an owner must set back a fence, the use of prohibited material, the maintenance of a fence, and dangerous fences. Installing a fence directly on a shared property line opens up a new set of complications. All Rights Reserved. 0000000016 00000 n La. Short-term rentals would be banned in much of unincorporated West Jefferson, according to this map released Feb. 21, 2018, by the Jefferson Parish Planning Department. Please contact a planner for a complete understanding of these moratoria or interim development standards. If the neighbor refuses to make changes, notify the city of the violation. Additional documents shall be required. CODE OF ORDINANCES - JEFFERSON PARISH LOUISIANA SUPPLEMENT HISTORY TABLE modified THE CHARTER Chapter 1 - GENERAL PROVISIONS Chapter 2 - ADMINISTRATION Chapter 2.5 - ADMINISTRATIVE ADJUDICATION OF PUBLIC HEALTH, HOUSING, FIRE CODE, ENVIRONMENTAL AND HISTORIC DISTRICT VIOLATIONS Chapter 3 - AIRPORT AND AIRCRAFT Chapter 4 - ALCOHOLIC BEVERAGES Neighbors disagree about issues such as whether a fence is necessary, the construction of a fence, and the responsibilities related to the cost of maintenance and repairs. Old Metairie Neighborhood Conservation District--public hearing required, Site Plan Review--public hearing required. Check the table below to find out if there's a Louisiana criminal statute on causing intentional damage to a tree. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Local ordinances set by cities and counties, and sometimes subdivision rules calledCovenants, Conditions, and Restrictions(CC&Rs), regulate fencing. 0000017806 00000 n Tennessee Code 44-8-202 Fences to be built and maintained at joint expense. Possession: When Trespassers Become Property Owners, Homeowners: Taxes, Improvements, and More, Do Not Sell or Share My Personal Information. We no longer require a permit for fences in unincorporated Jefferson County. An application for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities. Ann. Anyone who wishes to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, to include propane or natural gas generators, the installation of which is regulated by the technical codes, shall be properly licensed and apply for inspection (filing) with the Code Enforcement Department before any work can commence. However, because it is difficult to keep foliage at precisely six feet or less, laws for natural fences may provide for a higher top. Fences in front yards must be located off of City street right of way and not exceed 4' in height. Does Your Home Remodel Need a Land Survey? The table below lists the moratoria or interim development standards that are currently in effect, with the zoning districts affected and when the moratorium or interim development standards will expire. Temporary Fencing It's even more awkward to approach a troublesome neighbor about a fence. Although fence issues may feel petty, they impact property rights which are incredibly important. 2 0 obj In most cases, you can build a fence on an easement that runs through your property. ), Additional Damages and Criminal Penalties forIntentional Damage to Trees in Louisiana, Additional Amount You Can Sue for in Louisiana. A major area of property disputes between neighbors revolves around fences. HlKvC!yVQ@tM?_nx\%[ywSkl*i!lJGb&|"Er{$)b4hfvs+^SP$&&MES-*UW[e.cj It is expensive to order a true property line survey, but this is the only way to know for certain where property lines fall. However, the dominant estate (for example, the utility company) may need to take down the portion of the fence that runs over the easement for a certain activity, such as repairing the sewer main. Most courts would recognize that you are flouting the law if you build a 20-foot high fence just inches (or even a few feet) from the boundary line. My neighbor constructed a fence on the property line dividing the land. (52)(a) The governing authority of the parish of Jefferson may contract with public or private entities for the treatment and disposal of sewage and liquid and solid wastes and related services and may pledge or dedicate its revenues, including but not limited to fees, charges, and the proceeds of any sales and use taxes collected on behalf of . 0000002716 00000 n 101 Jefferson, Louisiana 70123 Phone: (504) 736-6957 Fax: (504) 736-8387 www.jeffparish.net Inspection and Code Enforcement Telephone Directory Area code 504 Eastbank Office 1221 Elmwood Park Boulevard Jefferson, Louisiana 70123 Fax: 736-8387 The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In Louisiana, a fence that is on the boundary is presumed to be a common fence. yard flamingos for birthday. 0000001185 00000 n The city will send a written notification to the neighbor and request conformance. If you have an existing legally built fence and you are looking to replace it, you may need a permit depending on your location and the fence height. Even in rural areas, if your electric fence is adjacent to a road or another private property, it is there illegally. In Louisiana, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). { YaVX& m{;X wU`"QYi0mIQ }V!&Eh[Ao'&4b$]88#]!38xZqOGAR"f YmwrlI~.Y/' (To learn more about right to farm statutes, see Nolo's article Rural Neighbors and the Right to Farm.). B. If you are reviewing the Code for proposed development of property, please contact the Planning Department to ensure your design professional has the most up-to-date regulations. Suite 802, (504)736-6505. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. The HOA may not just exclude fences but require certain types, such as natural cedar wood with a certain stain. endobj ; Limits on structures may restrict the size of your patio, as some zoning laws set a maximum area or percentage of a property that can be developed or built upon. Fences. Ohio Code 971.03 Property not covered by the Fence Line Law. Ohio Code 971.06 Rule of Equitable Shares. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 3:3601-12. wRO={xBs}K`> Quick Look: Ohio Property Line and Fence Laws. Contact us. 4 0 obj Sidewalks, driveway aprons, curb cuts, which are all on the Public Right of Way, require a permit from the JP Department of Engineering: Driveways, retaining walls, excavations such as for subsurface drainage or sewer repair, and any other activity which may affect tree root systems in the Metairie Ridge Tree Preservation District (MRTPD) require a Tree Preservation permit from Code Enforcement. Yes, it is possible that you may lose some of your property if you build the fence on your own side of the property line. If you want to build the fence on your side of the property line, establishing a written agreement between you and your neighbor may help to prevent boundary by acquiescence (where you lose some of your own property). The Clerk Office provides information on how to apply for a permit or how to check if a permit is valid, and their permit records are typically available online. 2023 Jefferson Parish, LA. Town and City Halls in Jefferson Parish, Louisiana provide . Frequently asked questions. All Rights Reserved. After all, these pro hibitory laws are, and ever must be, of unequal incidence. Rev. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. Should that fail, the only recourse is court. Raiziano v. T. J. James & Co., 57 So.2d 251 (La. Building Code or Jefferson Parish Code Amendments, a Board of Standards and Appeals variance must be obtained before a building permit may be issued. cc@s That agency suggests that: Barriers around pools should be no more than 2 inches above the ground. Some states also list specific things (for example, odor, noise, or dust) that don't constitute a legal nuisance when they're a byproduct of farming or agricultural activity. Contact a qualified attorney to help you address difficulties with your neighbors. To find out exactly how close to the property line you can build a fence . The Permitting Office is located at 1926 18th Street, Kenner, LA or you can call (504) 468-4062, Option 1. Moratoria or interim development standards go into effect immediately upon adoption of the resolution by the Council, and they stay in place for up to one year but may be extended for up to six additional months. 0000049471 00000 n Additionally, interim development standards authorized by Parish Council Resolution may be in place. 0000005994 00000 n Additional standards related to historical horse racing: Historical horse racing shall not be conducted via a machine, website, or mobile application beyond the property of an off-track wagering facility that offers historical horse racing. Most fencing laws limit the height of artificial fences in residential areas to four feet in front yards and six feet in backyards. East Bank OfficeJoseph S. Yenni Building1221 Elmwood Park Blvd., Suite 101 Jefferson, LA 70123 Phone: (504) 736-6957, West Bank Office1855 Ames Blvd., Suite AMarrero, LA 70072 Phone: (504) 364-3512. Urban density and legal liability have taken care of that. All required permit(s) must be obtained before any work is begun. Actually, this is not the case. A few of us have been to the Jefferson Parish Council meetings and Gretna City meetings. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Minor ordinary repairs shall not include the removal of any wall, partition, or portion thereof, the removal or cutting of any structural beam or load-bearing support, the removal or change of any required means of egress, rearrangement of contents or parts of a structure affecting the egress requirements, replacement or relocation of any standpipe, addition to or alteration of any water supply, sewer, drain, drainleader, gas, soil, waste, vent or similar piping. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. 138642 adopted December 8, 2021. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. 2023 Jefferson Parish, LA. If you intend to build a fence on a property line and wish to pay for the fence, you are not required to seek compensation from your neighbor. Fences are essential to protecting privacy in your backyard, keeping pets safely in, and establishing property lines. Jefferson Parish Debit/Credit Card Postings, Floodplain Management & Hazard Mitigation, Jefferson Protection & Animal Welfare Services, Property Maintenance Zoning & Quality of Life, Jefferson Parish Health Unit - Marrero (LDH), Jefferson Parish Health Unit - Metairie (LDH), Property Resouces & Development Resources, Change the occupancy (of) a building or structure. 50 0 obj <>stream Tree Laws in Louisiana Do I have to pay for half of an expensive fence if my neighbor demands payment? The email address cannot be subscribed. If you have erected a fence on the property line and the neighbor refuses to pay for half of the costs, you can take that neighbor to small claims court. It is illegal to injure a tree without the owner's consent. East Bank OfficeJoseph S. Yenni Building1221 Elmwood Park Blvd., Suite 101 Jefferson, LA 70123 Phone: (504) 736-6957, West Bank Office1855 Ames Blvd., Suite AMarrero, LA 70072 Phone: (504) 364-3512, You are encouraged to utilize our online permitting system @ www.mygovernmentonline.org. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Localplanning and permitting departmentsreceive daily anonymous complaints about fences. All structures and exterior equipment such as A/C units, water heaters, and generators, must comply with zoning requirements for distance from property lines. Firms, Property Boundaries, Lines, and Neighbors FAQ, Property Line and Fence Laws in Louisiana. In most places, you are not required to survey the property line in question before building the fence, though you may still want to do so. The proposed new ordinance will address a number of noises, the article reports, including lawn mowers, car horns, televisions, musical instruments, and anything that makes too much noise between the hours of 9 p.m. and 7 a.m. All structures and exterior equipment such as A/C units, water heaters, and generators, must comply with zoning requirements for distance from property lines. Often, six feet is the maximum height anywhere on the property, except for: In the case of the exceptions noted above, the fence can be no higher than about 4 feet. Jefferson, LA 70123 Phone Numbers: Planning Main Line (504) 736-6320 Fax (504) 731-4560 Contact Planning Applications The Code of Ordinances hosted on the Municode website may not reflect the most current legislation adopted by the Jefferson Parish Council. require filing by JP licensed plumber, gas fitter, etc. 0000005105 00000 n This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Law: Fences, Trees, Boundaries & Noise, by Cora Jordan and Emily Doskow (Nolo). In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. The use of prefabricated or corrugated metal panels as exterior wall material shall not require a variance from the Board of Zoning Adjustments (BZA) or be limited to fifty percent (50%) of the total surface area of any single wall.
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