Fences are allowed to be built in the right-of-way under certain conditions. There has to be a necessary reason why the fence can't be located on the property line. The right-of-way is for public use and fencing to expand yard size is prohibited. Given the City's hilly topography, fences sometimes need to be placed in the right-of-way to accomplish their purpose. Fences are not allowed to be placed closer than three feet from the edge of the road. This allows for a recovery area for pedestrians. Gates are not allowed to swing over a road or sidewalk.
Fences or other surface improvements are not allowed within the Steps, Lanes, and Paths throughout the City. Fences require an Encroachment Permit from DPW as well as fence permits from the Planning Department.