Fencing Across Public Roads
DATE: July 21, 1998
TO: Chuck Butler
FROM: Dan Boldt
SUBJECT: Fence across Public Alleyway
It has come to our attention that fencing impedes the traveling public on a public alley in Boyd. It has been Wasco County’s policy to allow gates on low-volume roads until a neighbor or user objects, and that the objection be based on an actual hardship.
O.R.S. 368.056 empowers the County to issue a permit to allow construction of a gate or stock guard on public roads. No formal permission was granted to construct the fence in question.
In this case, objection was voiced, and I understand your investigation indicated no actual hardship. Based upon this, the fence may remain. If your investigation had shown a hardship to exist because traffic flow was impeded, the fence would be removed.
Enclosed is a copy of O.R.S. 368.056 (with the appropriate section from the County Road Manual). Last week I sent a copy of a map of the Boyd area, which should show all public roads, streets, and alleys.