Fence laws in Minnesota
What Minnesota 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.
Minnesota fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Minn. Stat. 344.03, subd. 1(a) |
| Fence height | Silent | no figure | Minn. Stat. 344.02, 344.03 |
| Permits | Stated | 7 ft | Minn. R. 1300.0120, subp. 4 |
| Pool barriers | Stated | 5 ft | Minn. R. 4717.1550 |
| Spite fences | Stated | no figure | Minn. Stat. 561.02 |
| 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 Minnesota, question by question
Who owns the fence between two properties in Minnesota?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Minnesota splits the cost of a partition fence in equal shares. The rule applies when both pieces of adjoining land are used in whole or in part to produce or keep livestock and at least one owner wants a fence. Each side builds and maintains half. The statute lists the animals that count as livestock, and land that is not used for them falls outside the rule.
Except as provided in paragraph (b), if two adjoining lands are both used in whole or in part to produce or maintain livestock for agricultural or commercial purposes and one or both of the owners of the land desires the land to be partly or totally fenced, the land owners or occupants shall build and maintain a partition fence between their lands in equal shares.
Minn. Stat. 344.03, subd. 1(a)
Also on fences on the property line in Minnesota
- StatedMinnesota uses fence viewers to settle a partition fence dispute. When one side will not build or repair a fence it has a duty to keep, the other side can complain to the fence viewers. The fence viewers give notice, look at the fence or the need for one, and can order the work done within a reasonable time. If that order is ignored, the complaining party can do the work and get paid back under section 344.05. Minn. Stat. 344.04Minnesota · Statute
How tall can a fence be in Minnesota?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Minnesota sets no statewide limit on residential fence height. The partition fence chapter describes what a legal and sufficient farm fence is built from and never caps a home fence. The building code exempts fences up to seven feet from a permit, which is a permit line rather than a height cap. Height limits for a home fence come from city and county ordinances.
Documents read before writing that:
- Minn. Stat. 344.02, 344.03Minnesota Legislature, Office of the Revisor of Statutes
- Minn. R. 1300.0120, subp. 4Minnesota Department of Labor and Industry
Do I need a permit for a fence in Minnesota?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Minnesota has a statewide building code, and the administrative rules that come with it list work that needs no building permit. Fences not over seven feet high are on that exempt list. A fence taller than seven feet falls outside the exemption and is treated as permit work.
fences not over seven feet (2,134 mm) high
7 ftmaximum fence height exempt from a building permit
Pool fence requirements in Minnesota
StatedThe code gives a plain answer, and the line it appears on is quoted.
Minnesota rules require a public pool to be closed off so children cannot get in. Where fencing is used, it has to be at least five feet high, with self closing and self latching gates that can be locked. No opening can be wider than four inches, no gap below the fence can be wider than two inches, and the fence cannot be a design that is easy to climb. The rule covers public pools rather than a pool at a private home.
Access to a public pool must be controlled to effectively prevent the entrance of children.
5 ftminimum height of fencing around a public pool
Spite fence laws in Minnesota
StatedThe code gives a plain answer, and the line it appears on is quoted.
Minnesota treats a spite fence as a private nuisance. A fence or any other structure put up or kept for the purpose of annoying the owner or occupant next door falls under the statute. The current text sets no height trigger, so the test is the purpose behind the fence rather than how tall it is.
Any fence, or any other structure, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
How fence height is measured in Minnesota
Not researched yet for Minnesota. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Minnesota
Not researched yet for Minnesota. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Minnesota
Not researched yet for Minnesota. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Minnesota
Not researched yet for Minnesota. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Minnesota
Not researched yet for Minnesota. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
6 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Section 344.03, Expense; Equal Shares
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Section 344.04, Failure to Build or Repair; Rights of Complainant
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Partition Fences
- Minnesota Department of Labor and IndustryMinnesota Rules, Chapter 1300, Part 1300.0120, Permits
- Minnesota Department of HealthMinnesota Rules, Chapter 4717, Part 4717.1550, Pool Access Restriction; Fencing
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 561, Section 561.02, Maliciously Maintained Structure
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