Build a Residential Fence

two men building back yard fenceThe height and location of fences are regulated by the zoning code. Additionally, the height of your fence and your building materials determine if you need a building permit. Even if a building permit is not required, fences must conform to the regulations in the zoning code. These rules ensure that fences are safe, visually appropriate, and do not interfere with neighbors or public spaces. Understanding and following these rules helps property owners avoid fines or the need to make costly changes later.

Fence Heights

The maximum height of residential fences depends on their location on the property. Below are the general rules for fence heights:

  • 8 feet along interior rear and side property lines that do not border a street
  • 6 feet along rear and side property lines that border a street
  • 4 feet within 10 feet of the front property line that borders a street. The top 18 inches of the fence must be see-through
  • 4 feet when the fence is located within 10 to 20 feet of the front property line that borders a street.

Fence height is measured from the finished ground level (grade) which the fence is constructed to the top of the fence except fences along the public right-of-way. The height of fences along the public right-of-way are measured as follows:

  • From the sidewalk to the top of the fence
  • From the curb to the top of the fence if no sidewalk exists
  • From the finished shoulder grade of the right-of-way to the top of the fence if no curb exists

 fence height

Fence Materials

Fences must be made from materials specifically designed and manufactured for fencing purposes. They cannot contain any material which will do bodily harm, such as electric or barbed wire, upturned barbed edges, broken glass, spikes, or any other hazardous or dangerous materials.

Chicken wire may be used only in a Residential Agriculture (RA) zone for livestock purposes.

Fence Building Process

Once you have decided on the fence height and materials, you have the information you need to begin.

Get a Building Permit

You will need a building permit if your fence height and material choice meet one of the following conditions:

  • Chain link fence over 8 feet tall
  • All other fences over 7 feet tall

Submit a residential building application. Choose “Alteration/Other” as the type of work.

Prepare Your Property

Find your property lines: Be sure you know exactly where your property lines are before building a fence. A licensed surveyor can locate your property lines and prepare a topographic survey of your property, showing the property boundaries in relation to the street and existing buildings.

Check your vision clearance areas: Vision clearance is required at corners where streets, alleys, and driveways meet. Fence construction is limited in vision clearance areas to ensure safety and visibility. You can find diagrams of vision clearance areas in Salem Revised Code (SRC) Chapter 805.

Call before you dig: Contact the Oregon Utility Notification Center two business days before digging to avoid damaging underground utilities. The phone number is 811 or you can find them online at www.digsafelyoregon.com.

Call for Inspection

If your fence requires a building permit, request an inspection to complete the permit process. This ensures your fence meets all safety and zoning requirements.

Mediation

The City does not get involved in property line disputes or other neighbor-to-neighbor disputes. Trained mediators can help facilitate constructive conversation about many types of neighborhood disputes.

Marion County – Neighbor-to-Neighbor Mediation Services, 503-585-0651

Polk County – Community Mediation Services of Polk County, 503-623-3111