Planning commission narrows Emigration Canyon fence standards; staff to circulate revised draft

Members of the Emigration Canyon Planning Commission spent the bulk of a April 3 meeting refining draft fence rules in the town's proposed Title 19 update, focusing on setbacks along Emigration Canyon Road, maximum height and visual mitigation measures, and wildlife openings.

The commission discussed the draft provision that would bar any fence "unless shown on an approved site plan," with one commissioner warning that the word "approved" could lock the county into rules that may not suit changing ecological or topographic conditions. Staff acknowledged the concern and proposed clarifying language to make review and reasonable exceptions possible.

On setbacks, the draft retained the existing 20-foot minimum from the paved surface for fences fronting Emigration Canyon Road, but commissioners said that distance is often impractical where properties abut steep slopes or existing, long-standing fences. After examining Google-Earth examples and trade-offs for snow removal and sightlines, members coalesced around a compromise of about 10'to'12 feet as a workable standard for much of the canyon, with the understanding that some property-specific exceptions would still be handled by staff or the commission. "If 10'to'12 feet gets us a shoulder and a landscape buffer that people can meet, that feels attainable," said Unidentified Speaker (S4).

The draft preserves a 42-inch default height limit for perimeter fencing but allows taller fences where the visual impact is mitigated. The two mitigation options in the draft are (a) a minimum 5-foot horizontal articulation (a lateral jog away from the road) at least every 40 linear feet of fence, or (b) a 6-foot minimum landscaped area between fence and road. Commissioners debated how to define "horizontal articulation" in plan language and whether the 40-foot interval and 5-foot jog are the right metrics. Staff said the intent is to avoid long, wall-like fences and to encourage vegetated buffers: "The idea is you force them to jog every 40 feet, which gives you a visual break," said Unidentified Speaker (S6).

To reduce wildlife entrapment, the draft requires wildlife openings at least 6 feet wide located at intervals (a minimum of every 100 linear feet). Commissioners discussed practical ways to achieve that standard on narrow frontages, including permitting paired 3-foot setbacks on adjacent lots to create a combined 6-foot opening, or requiring a wildlife opening whenever a continuous fence would exceed 100 feet.

Commissioners also clarified procedural points: replacements or repairs of fences should be regulated (staff proposed inserting the words "new, replaced, or modified" so rebuilds are captured), and a site plan will generally be required for fence projects; staff said hand-drawn site plans can be acceptable for smaller projects. The commission raised liability and encroachment concerns about building inside the public right-of-way. Staff said any use of the right-of-way would require an encroachment permit from the appropriate transportation/engineering authority and that encroachment approvals should include terms addressing future removal if the public agency later needs the ROW.

Next steps: staff will circulate the revised fencing section and the compiled Title 19 draft in a shared Word document for collaborative edits, and will pull plats or ROW records to confirm typical Emigration Canyon right-of-way widths before the May 8 meeting. The commission adjourned after approving a routine motion to close the session.

The draft ordinance language discussed would still require formal adoption steps before becoming law; commissioners asked staff to return with clarified wording that addresses exceptions, ROW encroachments, and clearer definitions for terms such as "horizontal articulation."