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Council permits homeowner fence in town right-of-way pending written agreement
Summary
Council agreed to let a homeowner install a privacy fence that encroaches into town right-of-way, contingent on a written agreement and a survey provided by the town attorney to address liability and maintenance.
The council granted conditional permission for a homeowner to install a privacy fence that extends into a town right-of-way, provided the property owner signs an agreement prepared by the town attorney.
Resident Josh Custer presented a survey showing the town’s right-of-way extends into his side yard and asked permission to place a privacy fence that would enclose a sidewalk to give direct driveway access. "It's my responsibility to rip the fence down," he said, adding he would remove the fence if the town needed the corridor.
Town counsel explained that a right-of-way generally remains part of the underlying deeded property but runs with the land and that vacating a sliver of land would require a petition, survey and legal description. Counsel recommended approving the installation contingent on a written hold-harmless or similar agreement documented by the town attorney. Council members agreed to approve the fence tonight conditioned on the property owner signing an agreement the town attorney will supply within about a week.
Next steps: the town attorney will prepare the agreement and staff will coordinate the required survey work and conditional approval; the property owner may later petition to vacate the sliver permanently through a separate legal process.
