Fence laws in Kansas
What Kansas 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.
Kansas fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | K.S.A. 29-301 |
| Fence height | Silent | no figure | K.S.A. Chapter 29 |
| Permits | Silent | no figure | K.S.A. Chapter 29 |
| Pool barriers | Stated | 5 ft | K.A.R. 28-4-129(b)(1) |
| Spite fences | Silent | no figure | K.S.A. Chapter 29 |
| 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 | no figure | K.S.A. 47-122 |
Fence laws in Kansas, question by question
Who owns the fence between two properties in Kansas?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Kansas splits a shared boundary fence between the two neighbors. Each side keeps up an equal share of the fence while both are using their land. The two sides can agree to a different split if they want one.
The owners of adjoining lands shall keep up and maintain in good repair all partition fences between them in equal shares, so long as both parties continue to occupy or improve such lands, unless otherwise agreed.
Also on fences on the property line in Kansas
- StatedKansas uses officials called fence viewers to settle boundary fence fights. The county commissioners are the fence viewers for every township in the county. They may name other people to act for them, but the board still has to approve what those people recommend. K.S.A. 29-201Kansas · Statute
- StatedWhen one neighbor lets their half of a shared fence fall apart, the other neighbor can bring it to the fence viewers. The fence viewers give notice to both sides and then look at the fence. If they find it is not good enough, they put it in writing and set a deadline for the repair. K.S.A. 29-302Kansas · Statute
- StatedIf the deadline passes and nothing happens, the neighbor who complained can do the work. The fence viewers then price the job and certify the amount. That amount can be billed to the owner whose share was bad, and a court can order it paid with interest if a month goes by after a written demand. K.S.A. 29-303Kansas · Statute
- StatedWhen neighbors cannot agree on who owns which part of a shared fence, either one can ask the fence viewers to divide it. The fence viewers give notice, look at the fence, and put each equal share in writing. That written split gets recorded with the register of deeds and binds later owners of both properties. K.S.A. 29-304Kansas · Statute
How tall can a fence be in Kansas?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Kansas sets no statewide limit on residential fence height. The state fence chapter gives only floors, such as the four foot minimum for a lawful stock fence, and never a ceiling. Height on a house lot is set by city or county ordinance.
Documents read before writing that:
- K.S.A. Chapter 29Kansas Office of Revisor of Statutes
- K.S.A. 29-102Kansas Office of Revisor of Statutes
- K.S.A. 29-105Kansas Office of Revisor of Statutes
Do I need a permit for a fence in Kansas?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Kansas has no statewide fence permit rule for a house. The full list of sections in the state fence chapter contains no permit provision at all. The one statewide construction code is the fire prevention code written by the state fire marshal, and that code leaves out buildings used wholly as dwelling houses with no more than two families. Permits for a residential fence are a city or county matter.
Documents read before writing that:
- K.S.A. Chapter 29Kansas Office of Revisor of Statutes
- K.S.A. 31-133Kansas Office of Revisor of Statutes
Pool fence requirements in Kansas
StatedThe code gives a plain answer, and the line it appears on is quoted.
Kansas sets a pool fence height through its child care licensing rules rather than a general building code. On licensed child care premises an inground pool needs a fence five feet tall with gaps no wider than 3.5 inches. A building wall can serve as one side if it has no door or window opening onto the pool.
Each inground pool shall be enclosed by a fence at least five feet high, with openings no greater than 3.5 inches, and constructed and maintained in good repair to discourage children and unwanted visitors from accessing the pool area.
5 ftminimum pool fence height on licensed child care premises
Also on pool barriers in Kansas
- StatedThe same Kansas rule covers the gate. A pool gate matches the fence at five feet tall. It has to close itself, lock itself, and stay shut and locked. A later paragraph of the rule adds that a sensor cannot stand in for the fence. K.A.R. 28-4-129(b)(2)Kansas · Agency guidance
Spite fence laws in Kansas
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Kansas has no spite fence statute. Chapter 29 is the fence chapter, and its table of sections runs through Article 1 on legal enclosures, Article 2 on fence viewers, Article 3 on partition fences and Article 4 on trespass and damages. Nothing in that list limits a fence built to bother a neighbor, and the trespass policy section deals only with farm animals. A fence built out of malice is handled under general nuisance law in court, not by a fence statute.
Documents read before writing that:
- K.S.A. Chapter 29Kansas Office of Revisor of Statutes
- K.S.A. 29-108Kansas Office of Revisor of Statutes
- K.S.A. 29-401Kansas Office of Revisor of Statutes
How fence height is measured in Kansas
Not researched yet for Kansas. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Kansas
Not researched yet for Kansas. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Kansas
Not researched yet for Kansas. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Kansas
Not researched yet for Kansas. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Kansas
StatedThe code gives a plain answer, and the line it appears on is quoted.
Kansas is a fence in state. The law makes it illegal for livestock to roam loose, so the burden falls on the animal owner to keep stock inside a fence rather than on the neighbor to fence stock out.
It shall be unlawful for any livestock to run at large.
Also on agricultural fencing in Kansas
- StatedKansas states the rule plainly: farm animals belong inside a lawful fence. The same section says a stray animal does not create automatic liability. Ordinary negligence rules decide who pays for the damage. K.S.A. 29-108Kansas · Statute
- StatedThis section says what a Kansas farm fence can be built from. Cats and dogs are left out of the rule. Everything else on the list counts, including posts with rails, planks, palings or wire, stone, turf with a ditch, and older thorn or Osage orange hedges that were already growing in 1986. K.S.A. 29-101Kansas · Statute
- StatedA Kansas stock fence has a floor of four feet. The same section adds more detail for other kinds of fence, such as four and a half feet for a rail worm fence and a bottom board no more than two feet off the ground. This number is a minimum for holding animals, not a cap on how tall a fence can be. K.S.A. 29-102Kansas · Statute
- StatedKansas spells out a barbed wire fence in detail. Three wires is the floor. The top wire sits 44 to 48 inches up, the bottom wire sits 18 to 24 inches up, and the middle wire goes about halfway between them. A county board can set stricter rules of its own for new fences. K.S.A. 29-105Kansas · Statute
Documents behind this page
14 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 2, Fence Viewers
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Fences and Enclosures, table of sections
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 31, Fire Protection
- Kansas Secretary of StateKansas Register, Volume 43, Issue 29, Kansas Department of Health and Environment Permanent Administrative Regulations
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 4, Miscellaneous Provisions
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 47, Article 1, Livestock Running at Large
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
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