PORTLAND, Ore. (KOIN) – Homeowner’s who built a fence all the way down into the Willamette River in Clackamas County are now required to remove part of it for access to the river, according to the Oregon Department of State Lands.
The fence led to an interesting conversation about land rights where public lands meet private lands.
The public has access to the beds and bank of the Willamette River, whether that’s to pull a kayak up on or walk along, even if it butts up to private property.
Months ago, the property owners, Jodie and Tim Polich, said they put up the fence after people were disrespecting their property — everything from people pooping to sunbathing naked.
Now, a large portion of the fence has already been removed because the Oregon Department of State Lands said the owners didn’t have the right or the permits to erect a fence on the river banks and into the river.
“Removing the fence will not only restore access to the public but it will also ensure that salmon can have safe passage through the waterway,” Liane O’Neil of the Oregon Department of State Lands said.
The Oregon Department of State Lands says the Polich’s have to remove the fence below the ordinary line of high water.
“Our highest priority has been removing the fence and I’m happy to say that after working back and forth they are in the process of removing it right now,” O’Neill said.
While a portion of the fence is still in the water, the state says the Polich’s have until roughly the end of the month to get it removed.
While this fence has been front and center, the state says it’s not the first time questions over property rights have come up along the river.
“There are times when folks accessing it can be disrespectful. So, whether it’s someone walking their dog, kayaking or a land owner, it’s really important to cooperate and work together,” O’Neill said.
As for the property owners, they said they’re now represented by counsel on this case.