Fence laws in Arizona
What Arizona statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Arizona fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Silent | no figure | A.R.S. Title 3 |
| Fence height | Silent | no figure | A.R.S. Title 3 |
| Permits | Silent | no figure | A.R.S. § 11-861 |
| Pool barriers | Stated | 5 ft | A.R.S. § 36-1681 |
| Spite fences | Silent | no figure | A.R.S. Title 3 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in Arizona, question by question
Who owns the fence between two properties in Arizona?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona has no partition fence statute and no rule splitting the cost of a boundary fence between neighbors. Arizona is an open range state, so its fence law in Title 3 defines a lawful fence for keeping livestock out and sets damages when animals break through one. Title 33, the property title, has no fence or party wall chapter at all.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
How tall can a fence be in Arizona?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona sets no statewide limit on residential fence height. The only height figure in Arizona fence law is the five foot pool enclosure in Title 36, which governs pool safety rather than yard fences. With no statewide building code either, height is entirely a matter of city, town or county zoning.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
Do I need a permit for a fence in Arizona?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona has no statewide building code, so there is no statewide fence permit exemption to read. State law instead lets each county board of supervisors adopt and enforce a building code in the zoned unincorporated areas, and lets cities and towns adopt codes by reference. Whether a fence needs a permit, and at what height, is set by the city, town or county.
Documents read before writing that:
- A.R.S. § 11-861Arizona State Legislature
- A.R.S. § 9-802Arizona State Legislature
Pool fence requirements in Arizona
StatedThe code gives a plain answer, and the line it appears on is quoted.
Arizona writes its pool barrier rule straight into statute rather than leaving it to a code. A pool or other contained body of water at least eighteen inches deep and wider than eight feet gets an enclosure of at least five feet, measured on the outside face of the wall, fence or barrier. Gates are self-closing and self-latching, with the latch at least fifty-four inches above the ground, and they open away from the pool.
Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
5 ftminimum height of the wall, fence or barrier enclosing a pool, measured on the outside face
Spite fence laws in Arizona
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona has no spite fence statute. The fence sections in Title 3 deal with livestock and no-fence districts, and Title 33 contains no fence provisions. Nothing in either title sets a height trigger or addresses a fence raised to annoy a neighbor.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
How fence height is measured in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Arizona State LegislatureArizona Revised Statutes, Title 3, Agriculture, full title listing
- Arizona State LegislatureArizona Revised Statutes, Title 33, Property, full title listing
- Arizona State LegislatureArizona Revised Statutes, Title 11, Chapter 6, Section 11-861, Building codes; adoption; enforcement
- Arizona State LegislatureArizona Revised Statutes, Title 9, Cities and Towns, Section 9-802, Adoption by reference
- Arizona State LegislatureArizona Revised Statutes, Title 36, Chapter 15, Article 5, Section 36-1681, Pools; enclosures; safety features
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean