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Waunakee trustees ask staff to convene utilities and developers before allowing fences in utility easements
Summary
Trustees debated an ordinance draft that would permit fences in utility easements with recorded utility authorizations and owner acknowledgements but expressed concerns about ornamental plantings, retaining walls, enforcement and future utility work; they asked staff to gather utilities, developers and legal counsel to craft clearer standards.
The board continued a multi‑meeting discussion about proposed amendments to code section 129‑159 that would allow fences inside utility easements if property owners obtain written authorizations from affected utilities and record an acknowledgement with the Register of Deeds accepting responsibility for removal and repair costs.
Trustees expressed several concerns during the discussion: whether homeowners would secure all necessary authorizations before installing fences, how the village would avoid liability if owners failed to obtain approvals, whether the amendment would unintentionally allow other landscape features (retaining walls, shrubs) that impede utility maintenance, and how new subdivisions should set easements to reduce future conflicts.
Village legal counsel noted the ordinance language attempts to protect the village by making permit issuance contingent on owner responsibility; staff and trustees asked that utilities and local developers be brought together with legal counsel to produce a coordinated policy and clearer permit checklist before any ordinance change is finalized.
No ordinance was adopted; staff was directed to convene the stakeholders and return with refined language and implementation guidance.
