Salem's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Salem, Oregon, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Retaining Walls

Salem requires a building permit for any retaining wall taller than 4 feet (measured footing-to-top). Walls 4 feet or under are generally exempt from permits. Walls over 4 feet must include engineer-stamped drawings from an Oregon-licensed structural engineer under SRC Chapter 56.

Key details: Permit-exempt height: 4 ft or less (footing to top). Permit required above: 4 ft; engineering drawings needed. Surcharge exception: Permit needed even under 4 ft. Governing code: SRC Ch. 56; OSSC. Enforced by: Salem Building Division.

Unpermitted retaining walls over 4 feet may trigger stop-work orders, mandatory removal, and civil penalties under SRC § 56.990. Fines up to $500 per day for continued non-compliance.

Material Restrictions

Salem's Unified Development Code Chapter 800 restricts fence materials in residential zones. Barbed wire, electric wire, broken glass, spikes, and other bodily-harm materials are banned. Commercial and industrial zones may use barbed wire only on the topmost section.

Key details: Prohibited materials: Barbed wire, broken glass, spikes, electric wire. Barbed wire allowed: Top section only, commercial/industrial zones. Finished side: Must face adjacent property or right-of-way. Governing code: SRC Chapter 800 (UDC).

Violations enforced through Salem Code Compliance. Owners may be ordered to remove prohibited materials; civil penalties and abatement costs can result if not corrected.

Permit Requirements

Salem exempts most residential fences from building permits. Wood, wire mesh, and chain link fences under 7 feet do not require permits. Swimming pool barriers always require permits.

Key details: Permit Exempt: Wood/wire/chain link under 7 feet. Pool Barriers: Always require permits. Over 7 Feet: Permit required. Historic Districts: May require design review.

Fences requiring permits built without them face stop work orders and requirements for retroactive permits. Pool barrier non-compliance is taken very seriously.

Salem is more permissive than most cities when it comes to permit requirements. That said, there are still limits.

Neighbor Fence Rules

Oregon does not have a statutory requirement for neighbors to share fence costs. In Salem, the fence builder pays unless neighbors agree otherwise. Oregon has spite fence provisions.

Key details: Cost Sharing: No statutory requirement. Builder Pays: Unless agreed otherwise. Spite Fences: May be actionable as nuisance. Boundary Disputes: Resolve through survey.

Private fence disputes are civil matters between neighbors. The city enforces code compliance only.

The rules around neighbor fence rules in Salem lean permissive, but that does not mean anything goes.

Height Limits

Salem limits fences to 3.5 feet in front yards and 6 feet in side/rear yards per the UDC. Chain link fences may go up to 8 feet without slats. Sight triangles required at intersections.

Key details: Front Yard: 3.5 feet (42 inches) maximum. Side/Rear Yard: 6 feet maximum. Chain Link (no slats): Up to 8 feet allowed. Corner Lots: Sight triangle required.

Non-compliant fences must be modified or removed. Code enforcement issues notices with compliance deadlines.

The Bottom Line

Compared to many U.S. cities, Salem gives residents more room on fence regulations. 2 of the 5 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Salem's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.