Fences and Retaining Walls - City of Happy Valley
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FENCES AND RETAINING WALLS

You can read about the fence requirements in Section 16.44.055.A, 16.50.100, and 16.42.060 of the Land Development Code. For additional information please contact the Planning Division at 503.783.3800 or [email protected].

General

Right-of-Way: Not all properties extend to the street pavement. Sometimes there is right-of-way or public property in locations that may look like private property. Fences and retaining walls are generally not allowed in the right-of-way (such as a planter strip or land between your property and the street). Any exceptions or changes in the right-of-way are required to receive a right-of-way permit from the City Engineer.

Setbacks and Sight Distance: The Planning Division does not require that your fence or retaining wall be setback from the property line. However, special requirements exist at street corners and where driveways meet the street and alleys to ensure visibility. To allow for visibility in these locations, fence height is limited to a maximum of 2.5ft above the curb within 25ft of the intersection or up to a 4-ft tall fence if the fence material is see-through and the fence posts are less than 12-inches in diameter.

Material: The city does not regulate the material of fences unless the property is zoned residential and it is located along a major roadway. Some developments are required to have specific fencing adjacent to major roadways.

CC&R’s, Easements and other Restrictions: Past landowners may have placed private restrictions on your property. Check your title report or a trio report for any easements and restrictions. Also check your neighborhood CC&R’s if applicable.

Property Lines: A survey is the only way to be certain of your property boundary. Other helpful tools may include a copy of your plat or survey online from the Clackamas County Surveyor’s Office (http://cmap/clackamas.us), a copy of your property lines with your home may be on file with the Building Division, or the city’s in-house GIS mapping tool (HVMaps) contains maps of the approximate locations of your property lines. While helpful in planning projects a professional survey by a licensed surveyor is the only way to assure accuracy.

Fences

Q. How tall may I have a fence at my house?
A. Generally, fences may be up to 4ft in front of a home and 8ft alongside and behind a home (measured at the highest point of the fence including lattice, etc). The fence may be up to 8ft in height 30ft from the front property line regardless of the home location. See example here.  However, special requirements exist at street corners and where driveways meet the street and alleys to ensure visibility. To allow for visibility in these locations, fence height is limited to a maximum of 2.5ft above the curb within 25ft of the intersection or up to a 4-ft tall fence if the fence material is see-through and the fence posts are less than 12-inches in diameter.

Q. Do I need approval for a new fence?
A. Most of the time no, but you will need to make sure the fence is no taller than allowed and a building permit is required for fences 7 feet in height and taller. In cases of fences 7 feet and taller, you will need to submit a site plan with your building permit showing the existing house, new fence location and property lines as well as the height of the fence.

Q. If my fence has lattice or trellis on the top, does that count in the max height?
A. Yes, the height is measured to the tallest portion of the fence, including attachments.

Q. Can a fence be located anywhere on my property?
A. The City does not regulate to location of a fence generally, with the exception of at street corners and where driveways meet the street and alleys to ensure visibility as mentioned above. We recommend obtaining a survey so you understand where your property lines and any easements are located onsite as there can be some limitations.

 

Retaining Walls

Q. How tall are retaining walls allowed to be?
A. See the height and other limitations below or in LDC 16.44.055.A.2. Note that depending on the height of the retaining wall, the approval process differs.

Retaining Wall Under 4 Feet: Generally No Permit Needed

Retaining Wall 4-12 Feet: A Building Permit with this Form is Required.

Retaining Wall Over 12 Feet: A Type II Land Use Application is Required in Addition to a Building Permit.

Please refer to the grading requirements in LDC 16.50.100.

 

 

Land Development Code 16.44.055.A

A. A fence, wall, retaining wall, gate or combination thereof may be located on real property, not within the right-of-way, subject to all of the following:

1.  Fences and Walls.

a. A fence or wall located behind the front of a building or more than 30 feet from the front property line, whichever is less, may be up to eight feet in height.

b. A fence or wall located in front of a building or 30 feet from the front property line, whichever is less, may be up to four feet in height, unless it is within a clear vision area, sight distance easement, or otherwise restricts sight distance for vehicles in a public right-of-way or on a private access.
c. Fences or walls located within a clear vision area and/or easement for sight distance may be up to two and one-half feet in height as measured from the adjacent top of curb. If there is no curb, then as measured from the roadway centerline. Trees, shrubbery, berms, arbors, trellises and similar landscape features are permitted in all required yards provided that on corner lots no object or planting shall obscure vision between the vertical heights of two and one-half feet and 10 feet, per the Engineering Design and Standards Manual.
d. Fence height restrictions do not apply to public utility fences, “deer fences” or similar fences constructed of “wire mesh,” baseball or softball backstops, or to chain link fences enclosing school and public playgrounds as long as the fences within any vision clearance area or sight distance easement are see-through and do not obstruct vision with slats or other solid objects.
e. Gates crossing driveways and vehicular accessways may be up to eight feet in height and shall comply with Engineering Design and Standards Manual and Clackamas Fire District requirements and may not cause backing into the roadway. Gates must be located a minimum 30 feet off the edge of the roadway or otherwise approved by the City Engineer and the Clackamas Fire District.
f. Walls and earthen berms along arterial or collector streets in residential districts. Prior to the issuance of a certificate of occupancy for a dwelling in a partition, subdivision, PUD or multifamily project, one of the following, or a combination thereof, is required to be installed along an arterial or collector street in a residential district.
i.  Main Entrance Facing an Arterial or Collector Street. Dwellings with the main entrance facing an arterial or collector street must construct a three- to four-foot-tall barrier along the associated frontage consisting of:

a. Masonry or brick walls treated with anti-graffiti sealant; or

b. Decorative metal fence with masonry or brick columns; or
c. Solid earthen berms no greater than 25% in slope and both faces of the slope with groundcover, shrubs, and trees covering the berm.
ii. Main Entrance Not Facing an Arterial or Collector Street. Dwellings with the main entrance not facing an arterial or collector street must construct a five- to six-foot-tall barrier along the associated frontage consisting of:

a. Masonry or brick walls treated with anti-graffiti sealant; or

b. Decorative metal fence with masonry or brick columns; or
c. Solid earthen berms no greater than 25% in slope and both faces of the slope with groundcover, shrubs, and trees covering the berm.
iii. If a fence or wall is located in a utility easement, a minimum five-foot-wide landscape strip shall exist between the property line and fence planted with shrubs and groundcover, subject to the landscape plan design and construction standards of this title.
iv. A recorded Contract, Covenants and Restrictions (CC&Rs) is required to assure ongoing maintenance.
v. The Planning Official may waive the arterial or collector fencing requirements if warranted by existing conditions.
g. Wall height within the Rock Creek Employment Subdistrict shall comply with the height limitation identified in Section 16.25.010.F.4.
2. Retaining Walls.

a. All retaining walls shall be terraced with a minimum visible distance between walls equal to the visible height of the downslope retaining wall.

b. Property within or adjacent an existing residence or residential district may have retaining walls up to eight feet (measured from the visible downslope face of the retaining wall). Retaining walls completely below the elevation of the right-of-way may be up to 25 feet in height. Retaining walls necessary for public or private infrastructure such as streets, drive-aisles, parking lots, stormwater detention facilities, etc., are exempt from the height limitation.
c. All retaining walls in and abutting single-family residences or zoning districts shall provide solid vegetative screening along the entire linear face of the lowest retaining wall if visible from the abutting property. Fences or decorative walls may exist atop retaining walls and are measured independent of the height of the retaining wall.
d. Retaining walls over four feet in height shall meet setback requirements in Section 15.12.100, except where a recorded slope easement exists and/or a maintenance agreement for the wall is in place. If said easement(s) exist, the one-half height distance may be exempted at the discretion of the Building Official or City Engineer. Maintenance agreements for retaining walls abutting the public right-of-way shall be the sole responsibility of the property owner.