Fence laws in Indiana
What Indiana 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.
Indiana fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | IC 32-26-9-3 |
| Fence height | Silent | no figure | IC 32-26 |
| Permits | Stated | no figure | IC 22-13-2-2 |
| Pool barriers | Silent | no figure | 675 IAC 14-4.4 |
| Spite fences | Stated | 6 ft | IC 32-26-10-1 |
| 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 Indiana, question by question
Who owns the fence between two properties in Indiana?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Indiana splits a partition fence by length rather than in half. Each owner pays for the share of the fence that runs along their own stretch of the line, and that holds whether the title is a fee simple or a life estate. Since 2003 the chapter reaches only fences where at least one of the two parcels is agricultural land. An owner who will not pay gets twenty days notice, after which the township trustee can step in and build it.
A partition fence shall be built, rebuilt, and kept in repair at the cost of the property owners whose properties are enclosed or separated by the fences proportionately according to the number of rods or proportion of the fence the property owner owns along the line of the fence, whether the property owner’s title is a fee simple or a life estate.
How tall can a fence be in Indiana?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Indiana sets no statewide limit on residential fence height. The six foot figure in the Indiana Code is a trigger for a spite fence nuisance claim, not a cap on how tall a fence may be. The fences article covers fencing associations, partition fences and spite fences, and the statewide residential code does not regulate fences at all. Height is set by local zoning.
Documents read before writing that:
- IC 32-26Indiana General Assembly
- IC 22-13-2-2Indiana General Assembly
Do I need a permit for a fence in Indiana?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Indiana has one statewide code of fire safety and building laws, adopted by rule by the Fire Prevention and Building Safety Commission. Under that authority the commission adopted the 2018 International Residential Code as the Indiana Residential Code. Indiana deleted the model code section that carries the list of work exempt from a permit and replaced it with a section on additions and alterations, so the familiar fence height exemption is not part of Indiana law. Fence permits are a local ordinance matter.
Except as provided in section 3.5 of this chapter, the commission shall adopt rules under IC 4-22-2 to adopt a statewide code of fire safety laws and building laws.
Pool fence requirements in Indiana
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Indiana does carry a residential pool barrier rule, in the Indiana Residential Code at 675 IAC 14-4.4, which replaces the model code pool section outright and makes enforcement a local matter. The Indiana Administrative Code is published only through a JavaScript application that serves no text to a plain fetch, so no quotation could be verified from it. Nothing in the Indiana Code sets a pool barrier height.
Documents read before writing that:
- 675 IAC 14-4.4Indiana General Assembly
- Adopted rules indexIndiana Department of Homeland Security, Fire Prevention and Building Safety Commission
Spite fence laws in Indiana
StatedThe code gives a plain answer, and the line it appears on is quoted.
Indiana has a spite fence statute with its own chapter. A structure in the nature of a fence that unnecessarily goes over six feet, and was put up or kept up out of malice to annoy a neighbor, counts as a nuisance. A neighbor harmed in comfort or in the enjoyment of the adjoining property may sue for damages, for the nuisance to be abated, and for the other nuisance remedies.
A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously: (1) erected; or (2) maintained; for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
6 ftheight above which a maliciously built fence is considered a nuisance
How fence height is measured in Indiana
Not researched yet for Indiana. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Indiana
Not researched yet for Indiana. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Indiana
Not researched yet for Indiana. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Indiana
Not researched yet for Indiana. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Indiana
Not researched yet for Indiana. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
4 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- Indiana General AssemblyIndiana Code, Title 22, Article 13, Chapter 2, Section 2
- Indiana General AssemblyIndiana Administrative Code, Title 675, Article 14, Indiana Residential Code (JavaScript application, no readable text returned)
- Indiana Department of Homeland Security, Fire Prevention and Building Safety CommissionFPBSC Rules
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