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Commission tables request for fence in drainage easement pending engineering analysis

3155323 · April 30, 2025
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Summary

A homeowner sought approval to place a six-foot cedar fence five feet into a 15-foot public drainage easement at N106 W16331 Fieldstone Pass. The commission tabled the request and asked the owner to return with an engineering drainage analysis to show that the proposed three-inch under-clearance would not impede flows or cause upstream flooding.

The Germantown Plan Commission tabled a zoning-permit request on April 28 after the owner of N106 W16331 Fieldstone Pass proposed installing a six-foot white-cedar fence partly within a 15-foot public drainage easement.

Staff noted the village code allows fences in drainage easements with consideration for location, design and materials and recommended approval subject to an encroachment agreement. The applicant proposed to set the bottom of the fence 3 inches above grade within the easement to allow stormwater flow.

Why it matters: Commissioners and staff expressed concern that three inches of clearance may not be sufficient during storm events and could cause ponding or redirect flow into neighboring yards. The property lies in an older subdivision where engineering records are limited, staff said.

Discussion and outcome: Several commissioners and the village engineer recommended a hydrologic review or an engineered calculation demonstrating that a 3-inch opening is adequate before the commission issues approval. One commissioner observed that parallel fences can confine flow and produce blockages; another noted perpendicular fences create dam-like effects. The owner agreed to obtain the analysis.

The commission voted to table the permit until the owner returns with either an engineering calculation, a plan showing acceptable clearance, or confirmation that existing subdivision drainage documentation supports the proposed fence placement.

Ending: The owner will provide technical documentation for staff review and the item will return to the commission when the information is available.