Easement Encroachments: Fencing and Landscaping

On June 5, 2007, the Shakopee City Council amended section 4.03 and added section 7.18 to the City Code, which provides City departments and utility companies greater access to easements located on residents’ property and requires property owners to obtain fence permits before installing a new fence. 

Effective June 15, 2007, property owners wishing to install any type of fence (other than a garden fence) will need to obtain a permit in advance for a $25 fee. Once the permit application is received, the City will review the property to ensure that the placement of the fence does not obstruct a City easement. Residents who are denied a fence permit or are unhappy with staff’s decision on fence placement may appeal the decision to the Board of Adjustments and Appeals within 30 days.

The changes also address easement encroachments. No trees, shrubs, bushes, fences, retaining walls or other objects will be allowed in an easement unless the property owner receives written permission from the City and the encroachment is in conformance with the City’s most recently adopted easement policy. The City can require any obstructions in an easement to be removed at the owner’s expense. In non-emergent situations, the City will try to give the property owner a reasonable amount of time to remove the obstruction. However, if the property owner does not remove the obstruction as requested or if there is an emergency situation, the City can remove the obstruction and charge the property owner for the expenses. The City will not be required to compensate the owner for the cost of the repair, replacement or removal of the object.
 
For more information about the City’s Easement Fencing and Landscaping Policy and fence permits, contact the Engineering Department at 952-233-9368.

More Information

Easement Fencing and Landscaping Policy

Identifying Easements on Your Property

City of Shakopee Fencing Handout

Fence Permit Application

Shakopee City Code