Split rail fence deemed fine for C&O Canal

County Council approves of rustic fences within sight of national park

The revised bill is a more lenient version of the originally proposed rules that would have prohibited sheds and fences within 200 feet of the C&O Canal National Historic Park.

That original legislation developed over concerns about requests from River Road homeowners like developer Aris Mardirossian, who wanted the county to allow a six-foot tall, wrought iron fence around his property abutting the park.

That is still a no-no, under the revised zoning law.

But it does allow for rustic fences along property lines within 100 feet of the park, enabling homeowners to fence in their yards without spoiling the view from the park, said Councilman Roger Berliner (D-Dist. 1) of Potomac.

‘‘[The amendment] enables property owners to demarcate [their property] in a way consistent with preserving the view shed,” he said of the bill he co-sponsored with Councilman Marc Elrich (D-At large) of Takoma Park.

Berliner said he met with Mardirossian several times over the past month, hoping to find some common ground.

‘‘We made a deal with Councilman Berliner, that we’d put up a rustic fence,” said Mardirossian. ‘‘I can live with that.”

However, he said he still plans to go to court to win approval for cutting down the nut trees on his 3.2-acre property, a plan that the Montgomery County Planning Board denied June 28.

Berliner said Mardirossian, as well as several other constituents, expressed concern that their property rights were being violated under the original, stricter legislation.

‘‘That’s a legitimate point of view,” Berliner said. ‘‘But after much discussion, [Mardirossian] understood the park’s view shed must be preserved. He got it.”

The revised bill passed 7-1, with only Councilwoman Nancy M. Floreen (D-at Large) of Garrett Park opposing it. Councilwoman Duchy Trachtenberg was absent.

‘‘I was the lone voice in the wilderness, so to speak,” Floreen said in a telephone interview Tuesday.

She believes such decisions rightfully belong with the National Park Service and not the county.

‘‘I just don’t see the point of this,” she said. ‘‘It puts the resident in a double bind because the county is saying they can have a rustic fence, but at the same time, the park service allows zero [fences].”

But the new rules back up the park service efforts to preserve park views, Berliner said.

‘‘Rustic fences blend in. They’re similar to what you might have seen [along the canal] in the 1800s,” he said.

The Potomac Conservancy, a nonprofit advocating for the health and beauty of the Potomac River watershed, shares that opinion — to a point.

‘‘This was a scenic ordinance, and in that respect, split rail fences are okay,” said Ann Merwin, conservancy policy director. ‘‘As for what it does to the environment, that’s not as clear.”