Fence Permit Application

Section 7. FENCES, LIVING FENCES (HEDGES) OR WALLS.

Definition. For purposes of this section, the term “fence” means a constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Plants, shrubs, bushes and trees are not normally considered “fences.” However, if shrubs, bushes and trees are planted, maintained and used to form a barrier to enclose or screen areas of land, such use of plant materials shall constitute a “fence” or “living fence”.

1. In all districts, fences and walls not exceeding six feet (6’) in height are permitted within the limits of side and rear yards. A fence or wall not exceeding four feet (4’) in height and not exceeding fifty percent (50%) solid is permitted within the limits of front yards. In the case of retaining walls supporting embankments, the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment. Fences not exceeding four (4) feet in height are permitted along lake frontage streets. Please reference Section 165.10.5.5. when considering fences in front or side yards. Fences in excess of six feet (6’) will be allowed in the cases of tennis courts and swimming pools, subject to further restrictions and upon granting of a conditional use permit by the Board of Adjustment.
2. On lakeshore lots, no fence shall be maintained on the lot between the front wall of the principal residence and the lakeshore.
3. No fence or wall shall be located closer than two feet (2’) from the property lot line unless the owners of the adjoining properties execute, record with the Dickinson County Recorder and file with the City Clerk a written agreement providing for the location of a fence on the property line and providing for the ownership, maintenance and repair of such a fence.
4. All fences and walls constructed or maintained in the City of Wahpeton shall be of uniform style, construction and appearance from both sides. For example, if the posts and connecting components of the fence are covered or faced, they shall be covered or faced on both sides with the same materials. Fences shall not be constructed of corrugated tin, metal, or fiberglass; sheet metal or fiberglass, or non-treated wood products. Fences may be constructed from treated wood products; non-decomposing natural wood products such as such as cedar, redwood, etc.; chain link, molded plastic, molded fiberglass, or wrought iron. The Board of Adjustment may approve other materials as presented. Fences should be constructed in an orderly and neat manner as to accent and complement the natural landscape of the property. All fences shall be subject to a completed and approved building permit.
5. In any district where a fence or wall is required by a section of this Chapter, the Subdivision Ordinance or other ordinance, to serve as a screening wall, buffer wall or other separating or protective wall, the restrictions of subsection 1 above shall yield to the requirements of the specific ordinance.
6. Determining the maximum height for fences and walls shall be made by measuring from the natural grade of the lot adjacent to the fence to the top of the finished fence structure.