Fence laws in Missouri
What Missouri 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.
Missouri fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | RSMo § 272.060 |
| Fence height | Silent | no figure | RSMo ch. 272 |
| Permits | Silent | no figure | RSMo ch. 701 |
| Pool barriers | Silent | no figure | RSMo ch. 701 |
| Spite fences | Silent | no figure | RSMo ch. 272 |
| 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 Missouri, question by question
Who owns the fence between two properties in Missouri?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Missouri starts a division fence with written notice to the neighbor. The two owners then meet and each builds or repairs the half of the fence on their own right hand side, judged by standing at the center of the shared line on their own land and facing the fence. Where they cannot agree, an associate circuit judge appoints viewers to apportion the cost.
Whenever the owner of real estate desires to construct or repair a lawful fence, as defined by section 272.020, which divides his or her land from that of another, such owner shall give written notice of such intention to the adjoining landowner.
How tall can a fence be in Missouri?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri sets no statewide limit on residential fence height. Chapter 272 defines a lawful fence in terms of keeping livestock in, not in terms of a maximum height for a yard fence, and Missouri has no statewide residential building code that could add one. Height is a city or county zoning matter.
Documents read before writing that:
- RSMo ch. 272Missouri Revisor of Statutes
- RSMo ch. 701Missouri Revisor of Statutes
Do I need a permit for a fence in Missouri?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri has no statewide residential building code, so there is no statewide fence permit exemption. Chapter 701 sets minimum standards for a short list of specific things such as glazing, elevators and on-site sewage, and stops well short of a general code for homes. State law instead lets a community adopt a technical code by reference in its own ordinance, so whether a fence needs a permit is purely local.
Documents read before writing that:
- RSMo ch. 701Missouri Revisor of Statutes
- RSMo § 67.280Missouri Revisor of Statutes
Pool fence requirements in Missouri
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri sets no statewide barrier requirement for a private home swimming pool. The only pool fencing rules in state regulation sit in the health department chapter on public bathing places and on lodging establishments, both aimed at pools open to the public. The one swimming pool mention in the statutes is a definition inside a landowner liability section, which imposes no barrier at all.
Documents read before writing that:
- RSMo ch. 701Missouri Revisor of Statutes
- RSMo § 537.348Missouri Revisor of Statutes
Spite fence laws in Missouri
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri has no spite fence statute. Chapter 272 is the state fence chapter and runs from what counts as a lawful fence through division fences, repairs and local option provisions, with no section on a fence built out of malice and no height trigger anywhere in it. A malicious fence in Missouri is a general nuisance question instead.
Documents read before writing that:
- RSMo ch. 272Missouri Revisor of Statutes
- RSMo § 272.060Missouri Revisor of Statutes
How fence height is measured in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Missouri
Not researched yet for Missouri. 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.
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.060, Division fences, rights of parties in, how determined
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Fences, Enclosures and Trespassing Animals, full chapter listing
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 701, Minimum Standards for Certain Structures and Materials, full chapter listing
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 67, Political Subdivisions, Miscellaneous Powers, listing Section 67.280, Communities may incorporate by reference certain technical codes
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 537, Section 537.348, Definition of conditional use
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