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Oregon Revised Statutes

Or. Rev. Stat. § 195.870 (2026)

Battery-charged fence; preemption of local laws

✓ current as of May 2026
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      195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

      (a) “Alarm system” means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

      (b) “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

      (c) “IEC standards” means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

      (2) A battery-charged fence:

      (a) Must use a battery that is not more than 12 volts of direct current;

      (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

      (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

      (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

      (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: “WARNING: ELECTRIC FENCE.”

      (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

      (a) Prohibits the installation or use of a battery-charged fence.

      (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

      (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 §1]

 

      Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026).
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State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026). · cites it 33× “Plaintiff argued that the city’s ordinance is preempted by House Bill 4027 (2022), now codified at ORS 195.870, because ORS 195.870(3) explicitly forbids local governments from prohibiting the installation or use of battery-charged fences on “property not zoned or used for…”
Or. Rev. Stat. § 195.870(1): 1 case
State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026). “Plaintiff argued that the city’s ordinance is preempted by House Bill 4027 (2022), now codified at ORS 195.870, because ORS 195.870(3) explicitly forbids local governments from prohibiting the installation or use of battery-charged fences on “property not zoned or used for…”
Or. Rev. Stat. § 195.870(3): 1 case
State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026). “Plaintiff argued that the city’s ordinance is preempted by House Bill 4027 (2022), now codified at ORS 195.870, because ORS 195.870(3) explicitly forbids local governments from prohibiting the installation or use of battery-charged fences on “property not zoned or used for…”
Or. Rev. Stat. § 195.870(3)(a): 1 case
State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026). “Plaintiff argued that the city’s ordinance is preempted by House Bill 4027 (2022), now codified at ORS 195.870, because ORS 195.870(3) explicitly forbids local governments from prohibiting the installation or use of battery-charged fences on “property not zoned or used for…”
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