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Planning commission approves zoning text amendment to define, protect public right-of-way fences
Summary
The commission approved PTZA25-0005, adding a definition for “public right-of-way fence” and establishing maintenance standards (no woody vegetation or attachments within 3 feet) to preserve new decorative fences the city intends to replace this fall.
The Planning Commission on Sept. 24 approved a zoning text amendment (PTZA25-0005) that defines “public right-of-way fence” and adds standards intended to protect replacement decorative fences installed by the city or other public agencies.
Planning staff said the city will be replacing aging fences along some main roads and that the amendment clarifies what the city can regulate on the private side of those fences. The proposed standards would require property owners to keep vegetation clear within three feet of a public right-of-way fence, prohibit woody vegetation, outdoor storage and attachments that could shorten the fence’s design life, and require a gap where private parallel fences exist so the city can perform vegetation management.
Staff told commissioners the fence-replacement contract includes clearing smaller vegetation and grubbing roots; larger trees not covered by the contract would be handled by DPW crews. Commissioners raised questions about coordination with MDOT on state-owned fences; staff said the definition was written to cover fences installed by other agencies and that the ordinance would give code enforcement a clear section to cite, which staff said would facilitate voluntary compliance and, if necessary, court remedies.
Commissioner Bernutti moved approval of PTZA25-0005; the motion passed by voice vote. Staff said the city plans to begin replacement work this fall and is proceeding to execute contracts.
