Fences shall be installed with the structural members or framing
directed inward towards the fence owner's property.
A fence and its components shall be erected within an owner's
yard and shall comply with the following:
A. MHWL. The minimum setback distance of a fence to the MHWL shall be
25 feet.
B. Public right-of-way. The minimum setback distance of a fence to any
public right-of-way shall be 10 feet.
C. Unobstructed sight distance. No fence shall be located in the visibility
triangle that shall obstruct the visibility of drivers between a height
of three feet and 10 feet, which is illustrated in Diagram No. 197-12C.
Diagram No. 197-12C. Unobstructed Sight Distance.
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(1) Visibility triangle. At an intersection of two or more public roads,
the visibility triangle is the triangular area formed by the public
right-of-way and a line connecting them at points a minimum of 30
feet from the intersection of such rights-of-way, which is illustrated
in Diagram No. 197-12C(1). Depending on the curvature and grade of
intersecting public roads, the authority having jurisdiction may require
a larger triangular area.
Diagram No. 197-12C(1). Visibility Triangle.
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The owner is responsible to ensure that a fence will not violate
a land restriction recorded against the property's deed of record.
Every person who owns a fence shall maintain such fence in a
good state of repair. The term "good state of repair" means that:
A. The fence is complete, stands in a vertical position and is securely
anchored;
B. Wooden fence components below the ground surface are treated appropriately
to prevent rot prior to installation; and
C. There are no fence components which are broken, rusted, rotted or
otherwise in a hazardous condition.