Fencing Regulations

An 8 ft wood privacy fence at the backyard will only be approved by ACC Committees’ review of the said property and will include the fence tapering to the front height of 6 ft with the following conditions:

  1. Written request by the homeowner or the fence installer
  2. The homeowner/builder must get in writing permission from all neighbors that share the fence
  3. There must be at least a 30” grade difference between the properties to justify the need for an 8 ft fence
  4. NO 8 ft. fences are allowed adjacent to common areas and/or streets

Criteria for Fences from the CCRs

3.24 Fences

  1. No fence, wall, or hedge shall be built or maintained forward of the front wall line of the main structure, not including decorative walls or fences, which are part of the Architectural Committee approved architectural design of the main structure, and which are not to be built or maintained nearer than the building setback line of any Lot. An exception shall be made in the case of retaining walls not to exceed twenty-four inches (24") above the ground . Notwithstanding the foregoing, the Architectural Committee is empowered to waive the aforesaid height or setback limitation in connection with retaining walls and decorative walls if, in its sole discretion, such waiver is advisable in order to accommodate a unique, attractive or advanced building concept design or material and the resulting decorative wall and/or retaining wall will not detract from the general appearance of the neighborhood, or in the case where a Lot has a side yard which is adjacent to the backyard of an adjacent Lot. No chain-link fences may be built or maintained on any Lot.
  2. Unless otherwise approved by the Architectural Committee or as provided below, any fence built or maintained on any Lot shall be constructed only of standard grade 1" by 6" cedar privacy fence materials, six (6') feet in height, with the finished (smooth) side facing Victoria Drive, Castlegate Drive, all other streets or Common Areas, and/or adjoining properties which are not part of Castlegate Communities, and the rough side facing the interior of any Lot, except for Lots One through Fourteen (inclusive), Block Two and Lots One through Eight (inclusive), Block Four, where the finished (smooth) side of the fence on the rear Lot line shall face away from the interior of the Lot. However, Declarant, in its sole and absolute discretion, may erect wrought iron fencing on the boundary of any Lot within Sections Nine (9) and Ten (10), and the Owner of the Lot shall be responsible for maintenance and repair of the fence once erected. On any Lot where Declarant erects such a fence, all fencing on that Lot subsequently built by the Owner of the Lot on the adjacent, connecting boundary lines shall be wrought iron material for at least forty (40') feet from the boundary lines where Declarant erects wrought iron fencing. However, on Lots One (1) through Ten (10)(inclusive), Block Three (3) within Section Nine (9), and Section Ten (10), fencing subsequently built shall be wrought iron for at least 24 feet from the boundary line. On Lots 15 through 24 (inclusive), Block 2 within Section 7, each Owner shall erect and maintain wrought iron fencing (manufactured by Ameristar, 1-800-321-8724, Majestic Panels, 3 Rail, 6 feet tall or substantially similar fencing if Ameristar no longer manufacturing Majestic Panel) across the rear boundary line of such Owner's Lot and at least twenty-four (24) feet up the side boundary lines of the Lot from the rear boundary line; such fencing shall be completed prior to Owner's occupancy of the dwelling on the Lot.