9.2. SR 01-20-2015City of
Elk
River
Request for Action
To
Item Number
Mayor and City Council
9.2
Agenda Section
Meeting Date
Prepared by
Work Session
January 20, 2015
Zack Carlton, Planner I
Item Description
Reviewed by
Fencing and Agricultural Animals
je rem Barnhart, Deputy Director CODD
Reviewed by
Action Requested
Provide direction regarding residential fencing and the keeping of agricultural animals.
Background /Discussion
On October 20, 2014, the City Council approved changes to the city's fencing regulations as they relate to
boundary fences in residential districts. During that discussion Councilmember Burandt expressed
concerns about the required setback for the keeping of agricultural animals and compliance with state
statute. After that discussion, Council directed staff to evaluate potential changes to city ordinance as it
relates to agricultural animal setbacks.
Staff completed the research, comparing our ordinances to a number of peer communities, and did not
recommend any changes during the November 25, 2014, Planning Commission meeting. The
Commission agreed and unanimously recommended no changes to the ordinance.
After the November 25, 2014, Planning Commission meeting, Councilmember Burandt approached staff
and expressed concern about compliance with state statute. City Attorney Peter Beck and
Councilmember Burandt have also discussed her concerns with compliance.
Staff will present information about current ordinances as they relate to fencing and agricultural animals
for direction from the Council.
Financial Impact
None
Attachments
■ None
PV0WIBEO BY
INAMUR
MINNESOTA STATUTES 2013
CHAPTER 344
PARTITION FENCES
344.01
FENCE VIEWERS.
344.011
EXEMPTION_
344.02
KINDS OF PARTITION FENCES,
344.03
EXPENSE; EQUAL SHARES.
344,04
FAILURE TO BUILD OR REPAIR, RIGHTS OF
344.16
COMPLAINANT
344.05
REPAIR COSTS RECOVERABLE.
344.06
CONTROVERSY; DECISION BY FENCE
VIEWERS.
344.07 FAILURE TO ERECT OR MAINTAIN_
344.08 RECORDED DIVISION; BINDING ON HEIRS AND
ASSIGNS_
344.09 PARTY ERECTING MORE THAN SHARE.
344.01 FENCE VIEWERS.
cc t�aocf 0a+
(S--
344.02
344.10
LANDS BOUNDED BY STREAM,
344.11
LANDS OCCUPIED IN COMMON.
344.12
VIEWERS TO FIX TIME FOR BUILDING.
344.13
LANDS FIRST ENCLOSED.
344.14
VIEWERS WHEN FENCE ON TOWN LINE,
344.16
DIVISION OR RECORDED AGREEMENT RUNS
WITH THE LAND.
344.17
FAILURE OF VIEWER TO PERFORM DUTY,
PENALTY
344.18
COMPENSATION OF VIEWERS.
344_ 19
VIEWERS IN COUNTIES NOT ORGANIZED INTO
TOWNS.
344.20
TOWN OPTION.
Supervisors in their respective towns, city council members in their respective wards,
commissioners of public works in cities having a commission form of government, and city
trustees in statutory cities are fence viewers.
History: (7248) RL s 2748; 1921 c 25 s 1; 1973 c 123 art 5 s 7; 1985 c 265 art 6 s 1
344.011 EXEMPTION.
A town board may, by resolution, exempt adjoining owners or occupants from this chapter
when their land considered together is less than 20 acres.
History: 1982 c 616 s 1; 1985 c 265 art 6 s I
344.02 FINDS OF PARTITION FENCES.
Subdivision 1. Legal and sufficient fences. The following are legal and sufficient fences:
(a) fences consisting of at least 32 -inch woven wire and two barbed wires firmly fastened to
well -set posts not more than one rod apart, the first barbed wire being above and not more than
four inches from the woven wire and the second barbed wire being above and not more than eight
inches from the first wire;
(b) fences consisting of at least 40 -inch woven wire and one barbed wire firmly fastened
to well -set posts not more than one rod apart, the barbed wire being above and not more than
four inches from the woven wire;
(c) fences consisting of woven wire at least 48 inches in height, and one barbed wire not
more than four inches above the woven wire firmly fastened to well -set posts not more than
one rod apart;
(d) fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires
firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high
and the bottom wire 12 to 16 inches from the ground; and
Copyright C 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
2 MINNESOTA STATUTES 2013 344.05
(e) fences consisting of rails, timbers, wires, boards, stone walls, or any combination of
those materials, or streams, lakes, ditches, or hedges, which are considered by the fence viewers
as equivalent to any of the fences listed in this subdivision.
Subd. 2. Determination of kind of fence. If adjoining land owners disagree as to the kind
of fence to be built on any division line, the matter must be referred to the fence viewers, who
shall determine what kind of fence should be built on the line and order it built.
Subd. 3. Special case. If the lands of two persons adjoin and the land of one is enclosed by
a woven wire fence on all sides except the side forming a division line between the lands, each
person shall erect and maintain a fence along one -half the total length of the division line. The
fences must be similar in character and quality.
History: (7249) RL s 2749; 1915 c 282; 1917 c 408 s 1; 1985 c 265 art 6 s 1
344.03 EXPENSE; EQUAL SHARES.
Subdivision 1. Adjoining owners. If all or a part of adjoining Minnesota land is improved
and used, and one or both of the owners of the land desires the land to be partly or totally fenced,
the land owners or occupants shall build and maintain a partition fence between their lands in
equal shares. The requirement in this section and the procedures in this chapter apply to the
Department of Natural Resources when it owns land adjoining privately owned land subject to
this section and chapter and the landowner desires the land permanently fenced for the purpose of
restraining livestock.
Subd. 2. [Repealed, 1989 c 3' )5 art 4 s 109; 1Sp1989 c 2 s 8]
History: RL s 27501- 1913 c 525 s 1; 1915 c 173; 1965 c 717 s 1; 1969 c 1129 art 3 s 1; 1971
c 24 s 38; 1985 c 265 art 6 s 1; 1989 c 335 art 4 s 109; 1Sp1989 c 2 s 8; 1994 c 623 art 1 s 40
344.04 FAILURE TO BUILD OR REPAIR; RIGHTS OF COMPLAINANT.
If a person fails to build, repair, or rebuild a partition fence which the person is required
to build or maintain, the affected party may complain to the fence viewers. The fence viewers
shall give notice to the parties and examine the fence or look into the need for a proposed fence.
If they determine that an existing fence is insufficient or a new fence is necessary, they shall
notify the delinquent owner or occupant in writing to that effect and order the owner or occupant
to build, repair, or rebuild the fence within a reasonable time. If the delinquent fails to comply
with the order, the complainant may build, repair, or rebuild the fence and obtain reimbursement
pursuant to section 344.05.
History: (7251) RL s 2751; 1915 c 173; 1985 c 265 art 6 s 1
344.05 REPAIR COSTS RECOVERABLE.
If a complainant builds, repairs, or rebuilds a fence according to section 344.04 and the
fence viewers consider it sufficient, they shall give the occupants reasonable notice and an
opportunity to be heard, determine the cost of the fence or repair, and give to the complainant who
built, repaired, or rebuilt the fence a signed certificate of their decision and of the cost of the fence
or repair and the viewers' fees. The complainant may demand, either of the owner or the occupant
of the adjoining land where the fence was wanting or deficient, the viewers' fees and double the
amount of the ascertained expense. If the owner or occupant does not pay that amount within one
month after demand, the complainant may recover the amount, with interest, in a civil action.
History: (7252) RL s 2752; 1915 c 173; 1985 c 265 art 6 s 1
Copyright O 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2013 344.10
344.06 CONTROVERSY; DECISION BY FENCE VIEWERS.
If a controversy arises concerning the rights in partition fences of the respective occupants
or their obligation to maintain the fences, either party may apply to the fence viewers, who, after
due notice to the parties, may assign to each a share in the fence and direct the time within which
the fence must be erected or repaired. The assignment may be recorded with the county recorder
after which it is binding upon the parties and upon all succeeding occupants of the lands.
History: (7253) RL s 2753; 1976 c 181 s 2; 1985 c 265 art 6 s 1; 2005 c 4 s 64
344.07 FAILURE TO ERECT OR MAINTAIN.
If a party fails to erect or maintain the part of a fence assigned under section 344.06,
the aggrieved party may erect and maintain the fence, and be entitled to double the cost of the
construction and maintenance as ascertained and recovered in section 344.05 in the case of repairs.
History: (7254) RL s 2754; 1985 c 265 art 6 s 1
344.08 RECORDED DIVISION; BINDING ON HEIRS AND ASSIGNS.
All divisions of fences which are made by fence viewers under this chapter, or which
are made by owners of adjoining lands, in writing, witnessed by two witnesses, signed and
acknowledged by the parties, and recorded with the county recorder, are valid against the parties
to the divisions and their heirs and assigns.
History: (7255) RL s 2755; 1976 c 181 s 2; 1985 c 265 art 6 s 1,- 2005 c 4 s 65
344.09 PARTY ERECTING MORE THAN SHARE.
If there is a controversy between occupants of adjoining lands as to their respective rights
in any partition fence and the fence viewers decide that either occupant has voluntarily erected
or otherwise become the proprietor of more than that occupant's just share of the fence before a
complaint was made, the other occupant shall pay for the share of the fence assigned to the other
to repair and maintain. The value of the fence must be ascertained and recovered pursuant to
section 344.05.
History: (7256) RL s 2756; 1985 c 265 cart 6 s 1; 1986 c 444
344.10 LANDS BOUNDED BY STREAM.
If lands of different persons must be fenced and are bounded upon or divided by a stream or
pond which, in the judgment of the fence viewers, is not in itself a sufficient fence, and if the
viewers determine that it is impracticable, without unreasonable expense, for a partition fence to
be made on the waters at the true boundary line, and if the occupant on either side fails to join
with the occupant on the other side in making a partition fence on one side or the other, then the
fence viewers, on application of either party, shall view the stream or pond, and, after giving due
notice to the parties, determine, in writing, on which side of the stream or pond the fence must be
erected and maintained, or whether partly on one side and partly on the other. If either party fails
to build or maintain the assigned part of the fence according to the viewers' determination, the
other party may build and maintain the fence, and the delinquent party must pay the charges and
costs provided for in other cases in this chapter.
History: (725 7) RL s 2 75 7; 1985 c 265 art 6 s 1
Copyright G 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
4 MINNESOTA STATUTES 2013 344.17
344.11 LANDS OCCUPIED IN COMMON.
If one of the occupants of enclosed lands belonging to different persons in severalty, which
have been occupied by them in common without a partition fence, desires that the part occupied
by that person be occupied in severalty, and the other party fails to divide the land or to build a
fence on part of the land when it has been divided, the party desiring it may have the land divided
and assigned by the fence viewers in the manner provided in this chapter.
History: (7258) RL s 2758; 1985 c 265 art 6 s 1; 1986 c 444
344.12 VIEWERS TO FIX TIME FOR BUILDING.
If fence viewers have divided land and assigned fence responsibilities, they may set
in writing a reasonable time for building the fence, having regard to the season of the year. If
either party fails to build part of the fence within the time assigned, the other party may, after
completing part of the fence, build the other part, and recover the viewers' fees and double the
cost of building the other part, as determined pursuant to this chapter.
History: (7259) RL s 2759; 1985 c 265 art 6 s 1
344.13 LANDS FIRST ENCLOSED.
When unenclosed lands are afterwards enclosed, the owner or occupant of the lands shall
pay one -half of the value of each partition fence extending upon the line between that person's
land and the enclosure of any other owner or occupant. If the parties do not agree, the value must
be ascertained by the fence viewers and stated in writing. If an owner or occupant fails to pay
within 60 days after the value is ascertained and a demand made, the owner of the fence may
recover the value and the cost of ascertaining it in a civil action.
History: (7260) RL s 2762; 1985 c 265 art 6 s 1
344.14 VIEWERS WHEN FENCE ON TOWN LINE.
If a partition fence is to be built on a line between towns, or partly in one town and partly in
another, two supervisors, one from each town, shall be the fence viewers.
History: (7261) RL s 2763; 1985 c 265 art 6 s 1
344.15 [Repealed, 1974 c 116 s 1 ]
344.16 DIVISION OR RECORDED AGREEMENT RUNS WITH THE LAND.
If the line upon which a partition fence is to be built between unimproved lands has
been divided by the fence viewers or by the recorded agreement of the parties, the several
landowners, and their heirs and assigns forever, shall erect and maintain fences in accordance
with the divisions.
History: (7263) RL s 2765; 1985 c 265 art 6 s I
344.17 FAILURE OF VIEWER TO PERFORM DUTY, PENALTY.
A fence viewer who unreasonably fails to perform a duty required by this chapter shall
forfeit $5 to the town or city and be liable to the injured party for all resulting damages.
History: (7264) RL s 2766; 1985 c 265 art 6 s I
Copyright Czi 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2013 344.20
344.18 COMPENSATION OF VIEWERS.
Fence viewers must be paid for their services by the person employing them. The town
board may by resolution require the person employing the fence viewers to post a bond or other
security acceptable to the board for the total estimated costs before the viewing takes place.
The total estimated costs may include the cost of professional and other services, hearing costs,
administrative costs, recording costs, and other costs and expenses which the town may incur in
connection with the viewing.
History: (7265) RL s 2767; 1949 c 719 s 1; 1979 c 89 s 1; 1985 c 265 art 6 s 1; 2009
c152s6
344.19 VIEWERS IN COUNTIES NOT ORGANIZED INTO TOWNS.
In counties not organized into towns, the county commissioners are fence viewers and
are governed by this chapter, except that county commissioners shall not receive the per diem
provided in section 344.18 but may be paid a per diem pursuant to section 375.055, subdivision 1,
and their necessary expenses, including mileage in accordance with section 471.665.
History: (72 66) RL s 2768; 1975 c 301 s 6; 1985 c 265 art 6 s 1
344.20 TOWN OPTION.
If eight or more landowners in a town petition the town board for a vote on a partition fence
policy, the town board may adopt its own policy and procedures for dealing with partition fences,
including enforcement procedures. The policy must be approved by the electors of the town at an
annual or special town meeting, in which case this chapter does not apply in that town.
This chapter applies to any partition fence lying on the boundary between a town which
has adopted its own partition fence policy and any other political subdivision unless the other
political subdivision is a town which has adopted a similar policy.
History: 1982 c 616 s 2; 1985 c 265 art 6 s 1; 2004 c 228 art 2 s 9
Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
str4keEhroughs to be removed
Underlines to be added
City of
Elk
'ver
Ordinance 14 -
An Ordinance Amending Section, 30 -796, entitled "Fences; visibility at
intersections and driveways" and Section, 30- 0 007, entitled "Accessory structures"
of the City of Elk River, Minnesota, City Code.
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30 -796 (d)(2) of the City of Elk River Code of Ordinances shall be amended
to read as follows:
(d) General requirements for fences.
(2) Consimaion and maintenance.
a. Every fence shall be constructed in a complete and substantial manner and of
materials reasonably suited for the purpose for which the fence is proposed
to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence
shall be constructed or continue which is dangerous to the public safety,
health, or welfare as determined by the director of planning or their designee.
C. Electric fences, barbed wire fences and barbless wire fences shall be
permitted only in the A -1 and R -1a zoning districts when related to farming_,
but not a-, beittiidary fenees.
SECTION 2. That § 30 -1007 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
Accessory structures shall comply
with the following dimensional regulations:
District
i ! Front
Setback
Side Rear i Maximum I Fences i Agricultmal
Setback I Setback Height (feet) Buildings
(feet)
(feet) (feet) (feet) (feet)
i E
R -1a
35
i20 30 $ 22� 0� ;
R -1b:
Nonsewered
;35
10
20
'15,
102
,100
Sewered
35
15
5
15'
i Oz
f 100
R - 1c
v
130 i�
5
15
15'
1 02
1100
R 1d
1 3
_....._ -g�5
_
W0 00
R -2a:
Duplex
30 5 5, 1 5 0
P 0 W I R I I a4
Last Updatcd March 2014
R -2b:
Toga
R -3:
Singl
Dup]
R -4:
S...:1 _....L �..._L ,.
S. ket-r�� - to be removed
Under'unes to be added
rehouse 30 1D
e- family _ 0 5 10 �
exec 130 15 5
Townhouse and other multifamily 30 D 10 7 5' 0
-- -- I -�
Swimming pools 5 10
'A magnum of one story is permitted.
'The keeping of livestock {��is prohibited within 100 feet of any property line
in the R -1b, R -lc, and R -1d districts.
3 The keeping of livestock Oenees�-is prohibited within five feet of any property line
in the R -la district.
4 Agricultural building shall be set back 30 feet from any property line and 50 feet
from any road right -of -way.
s Swimming pools. Swimming pools shall be setback a minimum of eight feet from
the side yard and rear yard lot lines and must comply with the required front yard
setback as this subdivision II. Swimming pools must comply with the fencing
requirements found in section 30 -796.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 20th day of October, 2014.
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
John J. Dietz, Mayor
P6WCBlQ Hr
INATUREI
q.a cc Hmodoot
Sec. 30 -796. - Fences; visibility at intersections and driveways.
(a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2' /2 feet
in height above the level of the public sidewalk or curb of street within ten feet of the front
property line.
(b) Height offences in side and front yards. No fence in a front yard or along a side line of a lot in a
residential zone, other than a retaining wall, shall be higher than six feet in height unless the
adjoining lot is not in a residential zone. Construction of a fence exceeding six feet in height
requires a building permit,
(c) Height of fences in rearyard. No fence higher than eight feet may be located in a required rear yard
in a residential district, unless the adjoining lot is not in a residential zone. Construction of a
fence exceeding six feet in height requires a building permit.
(d) General requirements for fences
(1) Location. Any fence shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the adjoining
property agrees, in writing, that such fence may be erected on the division line of the
respective properties. The director of planning or their designee may require the owner of
the property upon which a fence exists to establish the boundary lines of the property by a
survey thereof.
(2) Construction and maintenance.
a. Every fence shall be constructed in a complete and substantial manner and of
materials reasonably suited for the purpose for which the fence is proposed to be
used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue which is dangerous to the public safety, health, or welfare as
determined by the director of planning or their designee.
c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in
the A -1 and R -1 a zoning districts when related to farming, but not as boundary fences.
(3) Finished ,tide offence to face adjairaing property. If the material used in the fence construction is
not finished on both sides, the finished side of the material shall be on the outside, facing
the abutting or adjoining properties, and all posts or structures supporting the fence shall
be on the inside of the fence.
(4) Pools.
a. All below ground swimming pools require a building permit and shall be enclosed with
a fence or covered with an automatic pool cover when not supervised.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the
fence and the ground or between the pickets shall not exceed four inches.
d. Fencing shall be a minimum of four feet in height and all gates shall be equipped with
self - closing and self- latching devices placed at the top of the gate or otherwise
Page 1
inaccessible to small children and provided with hardware for permanent locking
devices.
e. Automatic pool covers shall meet the standards of F1346 --91 (reapproved 1996) of
American Society of Testing and Materials (ASTM), as such standards may be
modified, superseded or replaced by ASTM.
(Code 198''. 900.20(6), Card. No. 03 -1(), �, 1, 6 -1 6- 20{)3; Ord. No. M -1 �, �) 1. 10 -1 Ord.
N(). 06 -09, 1. 7-17-21006., Ord, No. 13 -18, 11 -1F, -2013)
Sec. 30 -1007. - Accessory structures,
Accessory structures shall comply with the following dimensional regulations:
District �` Front Side Rear
R -1a Ma�:imum Fences icultural
s gr
Setback Setback Setback Height (feet) Buildings
(feet) (feet) (feet) (feet) (feet)
-- .�— �..— _.. - - -- 35 .20 30 - 22' 01 +
i
R -1b:
Nonsewered
j 35 10
20
15'
;02
100
; Severed
E35 5
1 5
15'
!02
100
R -1c
;30 5
5
15'
02
100
R -1 d
� 35 5
5
15
02
100
R -2a:
Duplex
Townhouse
R-3:
Single- family
i
Page 2
Duplexes
R -4:
`, Townhouse and other multifamily
I
Swimming pools'
E;30
i
'A maximum of one story is permitted.
' The keeping of livestock (fences) is prohibited within 100 feet of any property line in the R-
1b, R -1c, and R -ld districts.
3 The keeping of livestock (fences) is prohibited within five feet of any property line.
Agricultural building shall be set back 30 feet from any property line and 50 feet from any
road right -of -way.
' Swimming pools. Swimming pools shall be setback a minimum of eight feet from the side yard
and rear yard lot lines and must comply with the required front yard setback as this subdivision II.
Swimming pools must comply with the fencing requirements found in section 30 -796.
((:Odc• 1982 1, 10- 1 a- 200 1; C)rd, i! <<;. 04-15, 3. 111- 18- ,N)(4)
Page 3
Fencing and Agricultural Animals
January 20,2015
ver
Background
■ Fence discussion began with state statute compliance
■ CC adopted amendment October 20, 2014
■ Questions about agricultural animal setbacks
■ Directed staff to review potential amendment
■ Presented recommendation of no changes to PC
■ PC voted 7 -0 recommending no changes on
November 25, 2014
■ Councilmember concerns, move to worksession
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R -1+� Zoning 5 .
Property xUne
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sa
I
R -1 C Zoning 5 c ffs-
0" Fence Setback
30" Fence Height-"'
I
R -1 C Zoning 5 E . _s_ ✓
0" Fence Setback
30 " Fence Height-
Ag Animal Setback
LI
Y� �9
x,
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"77k r �1
-. � - 1 4'
Y
-la Zoning 5+ Acres
Property Line
5.55 Ac.
6641
i
i
i
i
i
Y r
-la Zoning 5+ Acres
0' Fence Setback
30 " Fence Height
5.55 Ac.
9641
1
m
Y r
-la Zoning 5+ Acres
0' Fence Setback
30" Fence Height
L, �
Ag Animal Setba�.
5.55 Ac.
9641
a
-1 c Zoning 5+ Acres"!
0' Fence Setback
30 " Fence Height
Ag Animal Setback.
1
Peer City Regulations
300 foot setback
75 foot setback for stables and barns, 10 foot setback from property line.
Additional setback of 30 feet from inhabited structures.
100 foot setback
GEMW 100 foot setback
CESMatch residential building setback
Planning Commission Meeting
• PC held public hearing and no one spoke
• Recommended no changes to current ordinance as it
relates to the keeping of agricultural animals
After PC Meeting
■ Councilmember Burandt expressed concerns
compliance with state statute
• Discussed concerns with City Attorney
• Requested worksession
regarding
Action Requested
■ Council direction for agricultural animal ordinance
amendment
■ Further direction if required/ desired