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Depoe Bay council approves 2-foot encroachment right for gardeners, sets December 1 deadline to move fence
Summary
Council approved a revised right-of-encroachment agreement allowing gardeners to place a fence within a two-foot encroachment provided it meets city standards; council set a December 1 deadline for the work and agreed staff will check for buried utilities before removal.
Councilors voted to approve a revised right-of-encroachment agreement that explicitly permits a garden fence within a two-foot encroachment so long as any new fence meets city construction standards and does not endanger underground utilities.
The change followed concerns raised by nearby residents and garden plot users about sewer and stormwater lines beneath the vacated grass area and the risk of vehicles driving onto the turf. Garden representatives told the council they wanted clarity: could they move the fence into the two-foot encroachment, or would the city require full removal? Staff and council agreed the most practical approach was to allow a properly built fence at the encroachment line and to add protective measures (boulders or low curbs) to prevent vehicle damage.
Council amended the draft to allow the fence within the two-foot encroachment, require fences to be built per city code, and set a deadline of December 1 for the work to be completed. Council approved the amended agreement by voice vote.
Staff also committed to checking and marking municipal storm and sewer lines in the area before fence relocation and to coordinate a site visit with the gardeners. Several councilors urged a follow-up with the parks commission on long-term public-space design and vehicle deterrence measures.
The council directed the mayor to sign the updated encroachment agreement and noted gardeners would meet with staff on-site in advance of the December deadline.
