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Winchester commission interprets 'structure' to exclude most fences under 7 feet outside Highland Lake District

July 28, 2025 | Winchester Town, Litchfield County, Connecticut


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Winchester commission interprets 'structure' to exclude most fences under 7 feet outside Highland Lake District
WINCHESTER — The Winchester Planning and Zoning Commission voted to interpret the zoning definition of “structure” so that, except where other regulations apply and except within the Highland Lake District, fences 7 feet or less will not be treated as structures that require the same level of permitting and survey documentation as other built structures.

The motion instructs staff to treat fences of 7 feet or less as excluded from the definition of structure in the zoning enforcement practice, except in districts or situations where the regulations explicitly regulate fences (for example, the Highland Lake District or where site plans or commercial zoning require fence review). Commissioners discussed enforcement burden, the civil nature of most neighbor disputes over fences and the town building code threshold that can already trigger a building permit for taller fencing.

The commission noted that enforcement of fences frequently stems from private property-line disputes that are typically civil matters. Staff said formal enforcement letters carry a $100-per-notice fine after a stated compliance period for repeat or unresolved violations.

Commissioners who raised enforcement concerns argued that routine fence complaints consume significant staff time and can impose disproportionate costs on homeowners. Supporters of the interpretation said it aligns the town’s enforcement practice with widespread practice in neighboring towns and with recent building-code thresholds that trigger building permits for taller fences.

The motion to adopt the interpretation was made and seconded during the meeting and recorded in the minutes; staff will issue written guidance for enforcement staff clarifying the change.

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