Despite the Jordan city staff's recommendation last month to take a tougher stance, the city council followed the planning commission's proposal to allow fences within drainage and utility easements in town.

Councilmembers, all of whom voted in favor of the measure during each of their last two meetings, said they saw sense in allowing residents to fence in their yards with the understanding that in an emergency, the city would have the right to remove all or a portion of the fence.

City Attorney Annette Margarit said last month that after a future emergency removal of a fence, "backseat quarterbacks" probably would sue the city because X, Y, or Z should've been done before removing a resident’s fence.

At an earlier planning commission hearing, two residents had spoken against a proposal to ban fences from easements, saying that having a fence 10 feet away from the property line effectively gave away their property to the neighbors.

Even this week, after the second reading of the ordinance, the city does not allow retaining walls or other permanent structures within drainage or utility easements.