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Council adopts ordinance allowing taller fences atop qualifying retaining walls
Summary
The North Ogden City Council voted 5–0 to adopt Ordinance 2026-21, amending residential fence rules to permit increased fence heights adjacent to retaining walls that average at least 4 feet in height, responding to hillside property-owner concerns about visual impact and maintenance.
The North Ogden City Council on July 14 adopted Ordinance 2026-21, changing city zoning code 11-9M-15 to allow higher residential fences where an adjacent retaining wall averages at least 4 feet tall. The motion passed on a roll-call vote, 5–0.
Scott Hess, community and economic development director, told the council the change responds to homeowner requests and planning commission recommendations. "If the retaining wall is at least 4 feet in height and the homeowner builds a fence on top, it can create a ten-foot visual barrier that helps the downhill neighbor," Hess said, explaining the ordinance measures fence height from finished grade and averages the retaining-wall height.
Council member Pulver said he supported the amendment from personal experience, noting downhill neighbors are more impacted by visible retaining walls and deserve relief. Council member Dalpez agreed after visiting an affected property. Staff clarified that ownership of retaining walls varies by lot configuration and that existing property-law remedies remain available if an uphill owner fails to maintain a wall.
The ordinance text specifies how measurements are taken and intends to limit the change to situations where the retaining wall meets the height threshold and the proposed fence would serve primarily as a visual screen, not as a life-safety structure. The new ordinance takes effect per standard municipal procedures; staff will incorporate the amendment into zoning guidance and permit review.
