Council keeps open‑fence requirement near trails and small open spaces, 3–2

The Highland City Council voted 3–2 on Sept. 2 to leave the city’s fence ordinance unchanged, maintaining the rule that property abutting certain trails and narrow open‑space corridors must use a reduced privacy profile (typically a four‑foot solid lower portion with two feet of open material at the top).

Council discussion centered on safety and predictability. Supporters of keeping the code said the open top improves visibility for trail users and reduces safety risks in narrow corridors; others argued the rule is confusing to property owners and can create odd, non‑private fences between neighbors.

Staff presented four options for council consideration: (1) make no change; (2) remove “open space” from the language and apply the restriction only to trail corridors (existing or planned); (3) apply the restriction only to existing trails; or (4) remove the trail/open‑space fence restrictions entirely. The Planning Commission had recommended option 2 as a compromise (remove open‑space language and focus on trail corridors).

At the council meeting, public comment included residents urging safety protections for trail users and warning about “orphan” triangular open spaces created by retroactive changes to fencing. Councilmembers weighed those safety concerns against fairness to individual homeowners and enforcement capacity.

After extended discussion, a motion to deny changes and leave the code as written (option 1) passed 3–2. The council majority said safety and longtime expectations for open‑top fencing in trail corridors outweighed the planning commission’s compromise; the dissenting members said the code needs clarification and that removing the open‑space term would resolve ambiguities.

Staff told the council they would follow up on enforcement priorities and provide clearer maps or definitions if council directs further changes in the future.