Residents complain about 'prison-style' fence behind their homes. Here's what we know
UPDATE, 10:06 a.m. Aug. 18: The barbed wire portion of the fence was removed Thursday.
ORIGINAL STORY: A chain-link fence topped with barbed wire has recently gone up along a canal that runs through north Fort Collins, prompting questions and disdain from nearby residents who say it's making the area look like it's part of a prison.
Several residents of neighborhoods near North Lemay Avenue and Country Club Road reached out to city of Fort Collins and Larimer County officials in the past week, along with the Coloradoan, expressing concerns about what several described as a "prison-style fence" being constructed.
Concerns range from the aesthetics of the "aggressive-looking" fence to worries about its impact on property values, wildlife and access to what has become a favorite walking spot for many who live nearby.
"The canal company should be neighborly and discuss these things with us," said Nathan Mueller, a nearby resident.
The Larimer-Weld Canal, formerly known as the Eaton Ditch, winds west to east through north Fort Collins, in and out of city limits. It's managed by the Larimer & Weld Irrigation Co. and conveys water from the Poudre River eastward for about 40 miles.
The Coloradoan spoke with residents and officials from the city and county about the fence. The Larimer & Weld Irrigation Co. did not return two requests for an interview.
Here's what we learned about the fence and whether it's in compliance with city and county regulations:
Where is the fence being constructed?
Two fences spanning a few hundred feet are visible along the ditch at its intersection with North Lemay Avenue, one to the east and one to the west. One fence is in Fort Collins city limits, and the other is not, complicating matters.
Phil Soreide, whose house borders the canal at Lemay Avenue outside of city limits, shared with the Coloradoan a notification letter he received from the irrigation company.
"Please be advised, Larimer & Weld Irrigation Company will be installing fencing on both the high and low side of the Larimer & Weld Canal, bordering or running through your property," a letter dated June 16 and signed by Kimberly Nelson said. "The Company will have crews and equipment working in and around the Canal on the Company's easement beginning July into the Fall of 2023."
At first, he was under the impression the fence would span through miles of neighborhoods, Soreide said, but he has since been led to believe that a short distance of fence will be constructed at canal access points next to streets like Lemay Avenue. Another resident of the neighborhood who contacted the irrigation company, Nathan Mueller, said he was told fences would go up near Timberline Road and College Avenue as well.
Soreide said the fence behind his house first began going up on Aug. 7.
The chain link fence with three strings of barbed wire atop it spans fewer than 1,000 feet on the east side of Lemay and fewer than 500 feet on the west side. On Monday, there were no barriers prohibiting access to the paths on either side of the canal, but Soreide said his understanding is a gate will eventually be constructed to limit access.
Gaps at the bottom of the fence were 1 to 2 feet tall, but it's unclear if the fence is finished. On Monday, surveying crews were working along the canal.
"My understanding is it's legal," Soreide said in an interview at his home Monday. But he wants to see construction halted until a public hearing and assessment of impacts can be completed. At a Fort Collins City Council meeting Tuesday, he alleged no environmental, economic or engineering studies were conducted prior to construction.
The paths along the canal are used extensively by the community and have been for years, he said in an interview with the Coloradoan. Then a couple years ago, signs were posted warning against trespassing. Some of the signs were torn down, he said.
On Monday, there were no signs indicating access was prohibited.
When the Soreides bought the house in 2016, they were looking for that "rural-urban interface" where they could enjoy nature. Pam Soreide noted the wildlife that can be seen along the canal: an otter, geese and deer.
But now the fence isn't just an eyesore, they and others said. It's imposing and out of place in the residential environment.
For now, the stretch of fence appears to be limited to those few hundred feet at Lemay Avenue. The city is unaware of any other sections of fence that may have been constructed so far and hasn't seen any plans for the fence, said Rupa Venkatesh, assistant city manager.
Lesli Ellis, Larimer County's community, planning, infrastructure and resources director, said the irrigation company has not responded to their inquiries. "Our understanding is it's several hundred feet," she said.
Why is the fence going up?
Residents told the Coloradoan that employees of the irrigation company cited a liability issue due to encampments and general trespassing through the canal road.
Emails to members of the public from officials, including Larimer County Commissioner John Kefalas and Venkatesh, indicated the same.
Soreide said the irrigation company said there had been issues of vandalism and trash.
"They're doing this because their insurance company is raising rates," Soreide theorized. "Building a fence is a solution, but not the only solution."
He suggested the company could have instead paid the higher insurance rates or added security.
Who owns the land and is a permit required to build a fence like this?
It's complicated. Parts of the canal run through Fort Collins city limits and parts run through unincorporated Larimer County, where the rules are different.
After researching the land ownership and easements, the county determined there are "many different ownership patterns" involving multiple subdivisions and the city, Ellis said. In the county, no permits are required, and county land agents have concluded the matter is likely a civil matter between the irrigation company and homeowners next to the fence on the west side of Lemay.
"We have no authority in this matter. We're just trying to be a resource to the neighborhood," Ellis said.
But in Fort Collins, a permit is required for any fence taller than 6 feet and for a fence of any height when it abuts a natural area, Vankatesh said.
That's why the city issued a stop work order on the fence to the west of Lemay Avenue, which is in city limits. The irrigation company told the city it would comply by keeping the fence under 6 feet, Vankatesh said.
But if the irrigation company wants to continue building the fence alongside nearby Redwing Marsh, it would need to apply for two permits: an encroachment permit and a permit to build the structure, according to city code, Vankatesh said.
The city hasn't yet seen any permits from the Larimer & Weld Irrigation Co., City Manager Kelly DiMartino noted at Tuesday night's City Council meeting.
What happens now?
Soreide wants the irrigation company to "make it look less like a penal institution," even if that means only removing the barbed wire.
But that still wouldn't address residents' concerns about having access.
While the irrigation company might say the paths along the canal are not an amenity for the community, Soreide said, they have become one anyway.
One resident who wrote to the Coloradoan said the fence might serve to keep people from accessing the canal road from Lemay but won't stop all the people who live along it from using it, and that creates unequal access.
While some residents said they were able to speak with representatives of the irrigation company, others said they weren't responding to their calls.
"Even if it turns out the ditch company is technically within their rights, they must be answerable to the impact of their action on the general public," Soreide said.
"If there are valid reasons to erect such a barrier in our community, I and the community have a right to know what they are. The public at least deserves a forum."
This article originally appeared on Fort Collins Coloradoan: Residents protest fence going up in northeast Fort Collins
