Fence laws in Hawaii
What Hawaii 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.
Hawaii fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | HRS 664-21 |
| Fence height | Silent | no figure | HRS 142-61 |
| Permits | Stated | no figure | HRS 107-25 |
| Pool barriers | Delegated | no figure | Section 3109.3, public swimming pools, as amended |
| Spite fences | Silent | no figure | HRS 664-21 through 664-26 |
| 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 | Stated | 4 ft | HRS 142-61(a) |
Fence laws in Hawaii, question by question
Who owns the fence between two properties in Hawaii?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Hawaii settles boundary fence questions in court instead of by a fixed cost split. A person who owns, leases, or lives on land and wants it fenced, or wants an existing fence kept up, files a petition in the circuit court for that circuit. The petition names the land, the boundary in question, and the adjoining owners, and the court summons those neighbors.
Any person owning, leasing, or occupying land under an agreement with the owner or lessee, who desires to fence the land, or who, having fenced the land, desires to provide for the maintenance of the fence, may file a petition in the circuit court of the circuit in which the land is situated praying for the hearing and determination of the matter.
Also on fences on the property line in Hawaii
- StatedThe judge and both sides walk the fence line, then the judge picks the kind of fence that fits the situation. The same order says which stretch each side builds or keeps up, or what share of the cost each side pays, and it sets a deadline for the work. When a party ignores the order, the court can have the work done at that party’s expense and enter a judgment for the amount. HRS 664-23(a)Hawaii · Statute
How tall can a fence be in Hawaii?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Hawaii sets no statewide limit on residential fence height. The state fence statute only sets a minimum height for a lawful stock fence, and it sets no maximum for a yard fence. Height comes from county ordinance, because each county adopts and amends the building code for its own area.
Documents read before writing that:
- HRS 142-61Hawaii State Legislature
- HRS 107-28Hawaii State Legislature
Do I need a permit for a fence in Hawaii?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Hawaii has one set of state building codes that covers all construction in the state. They are built on the state fire code, the Uniform Plumbing Code, the National Electrical Code, and the International Building Code, International Residential Code, and International Energy Conservation Code from the International Code Council.
There is established the Hawaii state building codes applicable to all construction in the State of Hawaii.
Also on permits in Hawaii
- StatedThe counties, not the state, run the building code in Hawaii. Each county amends and adopts the state building codes for its own area within two years, and it does that without the state council signing off. If a county misses the two year mark, the state codes apply on their own as an interim county code, so a fence permit rule comes from the county. HRS 107-28(a)Hawaii · Statute
- StatedHawaii writes one fence permit exemption into statute, and it is a farm exemption. Non-masonry fences up to ten feet tall and masonry fences up to six feet tall on agricultural property are free of building permit and building code rules. The exemption reaches farm buildings and structures that are not used as homes or lodging, and those structures still have to follow state and county zoning. HRS 46-88(a)(6)Hawaii · Statute
Pool fence requirements in Hawaii
DelegatedThe code hands the question to a department standard that is not printed in the code.
A pool barrier rule does exist in Hawaii, and no Hawaii statute states it. It is Section 3109.3 of the International Building Code as amended by the Hawaii State Building Code, which the State Building Code Council adopted on 11/13/2018, so the requirement rides on a model code adopted by reference rather than on the Hawaii Revised Statutes. It reaches public pools, and a pool at a hotel is excepted. A pool behind a house falls outside it, and whatever rule covers that pool comes from the county that adopted and amended the code.
Public swimming pools shall be completely enclosed by a fence at least 4 feet (1290 mm) in height or a screen enclosure.
Section 3109.3, public swimming pools, as amended
The code hands this to Section 3109.3 of the Hawaii State Building Code as amended, which is not published in the code itself.
Spite fence laws in Hawaii
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Hawaii has no spite fence statute. Chapter 664 Part II sets out fence petitions, cost sharing, and appeals, and Chapter 663 sets out tort actions, and neither one limits a fence built to annoy a neighbor or ties a height trigger to intent. Chapter 142 Part III is about lawful fences and animal trespass only.
Documents read before writing that:
- HRS 664-21 through 664-26Hawaii State Legislature
- HRS Chapter 663Hawaii State Legislature
- HRS 142-61Hawaii State Legislature
How fence height is measured in Hawaii
Not researched yet for Hawaii. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Hawaii
Not researched yet for Hawaii. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Hawaii
Not researched yet for Hawaii. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Hawaii
Not researched yet for Hawaii. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Hawaii
StatedThe code gives a plain answer, and the line it appears on is quoted.
A lawful fence in Hawaii can be stone, posts and rails, posts and boards, posts and wire, or other fit material. It has to stand at least four feet high, be built solid and close, stay in good repair, and turn back stock. Woven wire, also called hog wire, counts when it meets the same height and stock turning test, and the sea, rivers, ponds, and steep bluffs count as lawful fences wherever animals cannot pass.
Every fence made of stone, posts and rails, posts and boards, posts and wire, or other suitable materials shall be a lawful fence; provided that the lawful fence shall be no less than four feet in height, substantially built, strong and close, existing in good state of repair, and capable of turning either all stock or all stock excepting swine, attempting to pass through the fence.
4 ftleast height of a lawful stock fence
Also on agricultural fencing in Hawaii
- StatedHawaii puts the loss on the animal owner, not on the neighbor who fenced. When cattle, a horse, mule, ass, swine, sheep, or goat gets onto fenced crop land, the animal owner pays the full damage once it is proved. Sections 142-64 and 142-65 carry the same rule over to unfenced crop land and to fenced land that is not cultivated. HRS 142-63Hawaii · Statute
Documents behind this page
10 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Hawaii State LegislatureHawaii Revised Statutes, Section 664-21
- Hawaii State LegislatureHawaii Revised Statutes, Section 664-23
- Hawaii State LegislatureHawaii Revised Statutes, Section 142-61
- Hawaii State LegislatureHawaii Revised Statutes, Section 107-28
- Hawaii State LegislatureHawaii Revised Statutes, Section 107-25
- Hawaii State LegislatureHawaii Revised Statutes, Section 46-88
- Hawaii State Building Code CouncilHawaii State Building Code, adopted by the State Building Code Council 11/13/2018
- Hawaii State LegislatureHawaii Revised Statutes, Chapter 664 (Boundaries, Fences, Ways, Water Rights)
- Hawaii State LegislatureHawaii Revised Statutes, Chapter 663 (Tort Actions)
- Hawaii State LegislatureHawaii Revised Statutes, Section 142-63
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