6/1/2005

Some Pines rules on fencing may change
By Bob Adair

Session number eight in a series of meetings, held by the Ocean Pines Association (OPA) ad hoc committee assigned the task of reviewing the Architectural Review Committee (ARC) guidelines, tackled the subject of fencing in Ocean Pines.

Some of the dilemma over what fencing is allowed begins with wording in the Ocean Pines Declaration of Restrictions.  In section six of the Restrictions it states “The Committee shall have the authority to set up regulations as to the height and size requirements for all other types of outbuildings and structures, including fences, walks, etc.” The Restrictions then further narrows the leeway of the committee by stating, “no fences shall be permitted on any lot or pot line except where, in the opinion of the Committee, a fence or other structure or aesthetic feature of a design concept, will contribute to and be in keeping with the character of the area.”

In the strictest sense this could mean that fencing like that found in Section 12, the Innerlinks, which is part of the overall concept design of the area, is the only fencing that will be approved.  Adding to the problem is the fact that the Restrictions for different sections of the Pines have slightly different wording.

The ad hoc committee chairman, OPA Director Skip Carey encouraged the committee to determine what the purpose is for each of the types of fencing listed in the ARC guidelines before any other factors are considered.  Whether or not the committee recommendations meet all the criteria found in the Restrictions will be determined by the OPA legal consul’s review.

The types of fencing included in the guidelines is: 1) Play and pet enclosures; 2) Dog runs; 3) Privacy fencing; 4) Temporary fencing and; 5) Architectural fencing.  With the exception of dog runs, the committee will recommend that all fences will be constructed of material other than metal.  Residents can apply for permission to erect a pre-manufactured dog run that is six feet wide, 12 feet long and six feet high.

Play and pet enclosures must be located behind the front foundation line of the main structure, 10 feet from the rear property line, or 15 feet from the bulkhead. The height will not exceed 48 inches and the enclosure will be screened by plants of specific size and separation distance from each other.  The guidelines also contain information about maintaining the looks of such enclosures.

Privacy fencing is limited to a height of six feet and a length of 24 feet. It is possible to request two privacy fences on a lot but the overall length of both fences cannot exceed 24 feet unless otherwise approved by the ARC. Again, as in the case of the enclosures, there are placement rules dealing with privacy fencing within utility easements, rear property boundaries and Building Restriction Lines (BRLs).

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