Salem's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Salem, Oregon, there are 4 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 caps retaining walls at four feet when they sit at the property line abutting a street, but allows greater height once the wall is set back from that street-facing line. The rule sits in SRC 800.050(a)(4), the same fence-and-wall section, and like fence construction, retaining walls are exempt from Salem's site plan review process.

Key details: Max height at street property line: 4 ft (SRC 800.050(a)(4)). Max height set back from street: No stated cap in this subsection. Site plan review: Not required (SRC 220.005(a)(2)(A)(vii)). Vision clearance: Must comply with SRC chapter 805. Maintenance duty: Must stay structurally sound (SRC 50.550).

Excessive height or a wall in visible disrepair is handled the same way as other UDC violations: Salem's enforcement officer issues an enforcement order under SRC chapter 20J, generally allowing at least ten business days for correction before a civil penalty attaches. Penalties run up to $2,000 per day for knowing, intentional, or repeat violations, and SRC 50.550 separately treats a deteriorating retaining wall as a property maintenance violation enforceable by the Building Official.

Fence Permit Requirements

Salem does not require a site plan review permit to build a fence, wall, or retaining wall. City code lists "construction of a fence or retaining wall" among the specific project types exempt from site plan review under Salem Revised Code (SRC) 220.005, so most residential fence projects proceed without a discretionary land-use approval, provided the fence meets the height and location standards of SRC 800.050.

Key details: Site plan review: Not required for fences (SRC 220.005). Max residential fence height: 8 ft, 4 ft near front street line. Max nonresidential fence height: 12 ft. Prohibited materials: Cardboard, plywood, garage doors, junk material. Max civil penalty: $2,000 per day.

A fence that does not meet SRC 800.050's height, material, or opacity standards is a code violation handled through Salem's enforcement order process under SRC chapter 20J. The enforcement officer first seeks voluntary correction, then may issue an order giving at least ten business days to fix the fence; a civil penalty of up to $2,000 per day can follow if the violation is knowing, intentional, or repeated. Orders may be appealed to the Hearings Officer within 15 business days.

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

Material Restrictions

Salem's SRC 800.050(c)-(d) bans junk fencing materials citywide and forbids barbed wire and electric fencing on residential property, allowing them only to enclose livestock or in specific commercial and industrial zones, with posted warning signs required.

Key details: Governing section: SRC 800.050(c)-(d). Barbed/electric wire at homes: Prohibited outside livestock use. Livestock exception: Barbed and electric wire allowed to enclose livestock. Electric fence in CG/industrial zone: Max. 10 ft., must be enclosed by 6-ft non-electric fence. Junk materials banned: Cardboard, plywood, pallets, garage doors, rubble.

Installing barbed wire, electric fencing, or junk fencing material outside the narrow exceptions is a public-nuisance violation under SRC 800.050(e), enforced by the City's code compliance division under SRC chapter 20; the code specifically states that failing to maintain an electric fence in conformance with these standards results in the fence being declared a public nuisance subject to abatement.

Compared to other cities, Salem takes a harder line on material restrictions. The enforcement and penalty structure reflects that.

Height Limits

Salem caps residential fences and walls at 8 feet generally, but drops that to 4 feet within 20 feet of a front street property line and 6 feet in a side or rear yard within 10 feet of a street, per SRC 800.050(a); nonresidential fences can run up to 12 feet.

Key details: Governing section: SRC 800.050(a). Residential fence/wall, general: Max. 8 ft.. Front yard within 20 ft. of street: Max. 4 ft.. Side/rear yard within 10 ft. of street: Max. 6 ft.. Nonresidential fence/wall: Max. 12 ft. (8 ft. within 10 ft. of street).

A fence or wall exceeding the applicable height standard is a UDC violation enforced by the City's code compliance division under SRC chapter 20, typically triggered by a complaint or a building permit review; the property owner is generally required to remove or lower the noncompliant portion rather than pay a standing fine.

The Bottom Line

Salem's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Salem is broadly strict or permissive.

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.