AGENDA #5g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition from Mildred Council – Fencing in Resource Conservation District
DATE: November 11, 2002
The Town Council has asked for a report on questions raised by Ms. Mildred Council on September 23 regarding fencing that she desires to construct on a portion of her property that lies within the Resource Conservation District.
BACKGROUND
On September 23, 2002, Ms. Mildred Council petitioned the Council about several items including a concern about keeping deer out of her yard on Emily Road. Response to Ms. Council on issues related to traffic management is included in a separate memorandum.
DISCUSSION
Ms. Council’s property on Emily Road has a perennial stream with associated Resource Conservation District on it. The street frontage of the lot has a split rail fence. Ms. Council has asked Town staff about the permitting process for fencing the portion of her property next to the stream.
A fence can be installed on a single-family property without a permit, unless the fence would be located within the Resource Conservation District. Fencing is permitted in the Resource Conservation District as an accessory land-disturbing activity to a single-family use. A Resource Conservation District encroachment permit is required when the fence is proposed in the Resource Conservation District.
We have called Ms. Council to discuss the administrative permitting process. Fencing to keep out deer typically is wire mesh. Generally, we discourage wire mesh fencing adjacent to a stream because such fencing tends to catch debris and can impede the flow of water. But there is no prohibition in the Ordinance preventing installation of such a fence.
A permit would not be required on single-family property if the fencing were to be placed at least 75 feet from the bank of the perennial stream, under today’s regulations, at this location.