Land use committee: City generally prohibits fences in public right-of-way; enforcement complaint prompted review

Council members and staff discussed the city’s approach to fences that sit in public right-of-way during the Port Orchard Land Use Committee meeting on April 16.

Scott Deener, City Council member (Position 3), opened the discussion, saying the item was prompted by a recent code-enforcement case in which "a fence in a right away ... owner didn't know, pulled the fence panels right away as I understand" and that the item was a chance for the committee to review "our soft policy on that." Jim Bisk, principal planner, explained that "if a fence is less than 6 feet tall, there's no permit required" and that the code requires a street use permit when a fence is located in right-of-way; he added that "public works has been pretty liberal in issuing those" permits in the past but that "my understanding is that that policy has kind of changed and they're no longer issuing street use permits for fences and right of way." Nick Bond, community development director, said the city responds when there is a complaint or when staff observe construction, noting "if we see somebody building something ... that looks way too close to the road, we should probably let them know that they're that that's not supposed to be there, and that's how that 1 got taken care of." Eric Warden, City Council member, asked whether retaining walls were handled similarly; staff said retaining walls and preexisting encroachments are generally addressed when discovered or when a project requires removal or relocation.

Staff and council members described a pragmatic enforcement approach: long-standing fences and minor, preexisting encroachments are typically not proactively removed citywide, while encroachments discovered during public projects or active construction are addressed and property owners notified. Bond said the street use permit is intended to be of limited duration and that "the code even potentially requires compensation for the use of right of way in some circumstances." Council members expressed interest in preventing future encroachments by giving clearer public guidance, including urging property owners to confirm property lines before installing fences.

The committee did not take a formal vote on a new policy at the meeting. Members suggested staff consider better public outreach to advise residents when permits or shoreline/critical-area review might be required and to encourage property-line verification before installation.