Waunakee delays decision on fence‑in‑utility‑easement changes after trustees raise access and liability concerns

The board opened a public hearing and then engaged in an extended debate over proposed amendments intended to reconcile conflicting language between the zoning code (which allows fences along lot lines) and the subdivision ordinance (which prohibits structures in utility easements).

Staff said the proposed amendment would permit fences in utility easements if property owners sign an acknowledgement accepting responsibility for removal and replacement costs if utilities later need access. Utilities staff and several trustees warned that fences could impede emergency repairs, slow response and create liability or safety concerns; others argued the change would formalize a common practice and help avoid "no‑man’s‑land" maintenance issues between adjacent properties.

Trustees proposed three options: (1) keep the current prohibition (no fences in easements), (2) adopt the staff draft allowing fences with owner acknowledgment, or (3) create an alternative that clarifies notification and protections for utilities and future owners. Counsel said the board could flip the proposed language tonight, but trustees preferred to have a clean, revised ordinance and another public hearing so residents can respond. Staff was asked to prepare a clearer draft and return it to the board (and planning commission if desired) for further public review.