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Marion County, OR Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Measurement citation
MCC 17.117.090
Along a right-of-way
From sidewalk, curb, or shoulder
Elsewhere
From finished grade
General height cap
8 feet
Sight-distance authority
Public Works standards

Summary

Along a public right-of-way, Marion County measures fence height from the sidewalk, or the curb, or the finished shoulder grade if neither exists. All other fences are measured from the finished grade where they sit (MCC 17.117.090).

City-specific rules exist: Salem has its own height limits rules that differ from Marion County's county-level regulations. If you live in Salem, check the city-specific page instead.

All fences, walls and hedges along a public right-of-way will be measured from and along the sidewalk, or if no sidewalk exists, from and along the curb, or if no curb exists, from and along the finished shoulder grade of the right-of-way. All other fences will be measured from and along the finished grade upon which the fence, wall or hedge is located.

Full Breakdown

Beyond the 8-foot and 48-inch caps in MCC 17.117.080, the Rural Zoning Code fixes exactly how height is measured so builders and inspectors agree. MCC 17.117.090 states that fences, walls, and hedges along a public right-of-way are measured from and along the sidewalk; if there is no sidewalk, from the curb; and if there is no curb, from the finished shoulder grade of the right-of-way. Every other fence is measured from the finished grade upon which it sits. This prevents adding height by mounding soil. Fences must also stay clear of vision-obstruction zones near street corners and driveways under Public Works sight-distance standards.

Violations & Fines

A fence that exceeds the limit once measured by the code method is nonconforming and may be ordered lowered or removed by the county.

Frequently Asked Questions

Can I add fence height by building up the ground first?
No. Height is measured from the finished grade the fence sits on, or from the sidewalk/curb/shoulder along a right-of-way, so mounding does not help.
Where is fence height measured from near a street?
From and along the sidewalk; if none, the curb; if none, the finished shoulder grade of the right-of-way.

Sources & Official References

Other rules in Marion County

All Marion County rules

How Marion County compares: Cities That Allow the Tallest Residential Fences·Compare Marion County to another location·View the Oregon fence regulations overview

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Height Limits in Cities Across Marion County