Fence laws in Montana
What Montana 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.
Montana fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | MCA 70-16-206 |
| Fence height | Silent | no figure | MCA 81-4-101 |
| Permits | Stated | no figure | MCA 50-60-102(1)(a) |
| Pool barriers | Stated | no figure | MCA 50-53-102(7)(b)(i) |
| Spite fences | Silent | no figure | MCA 27-30-101 |
| 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 | 42 in | MCA 81-4-101 |
Fence laws in Montana, question by question
Who owns the fence between two properties in Montana?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Montana splits a partition fence in equal shares between the occupants of adjoining enclosed land, for as long as both keep the land enclosed. The fence stays in good repair all year round unless the two occupants agree otherwise between themselves.
The occupants of adjoining lands enclosed with fences must build and maintain partition fences between their own and the next adjoining enclosure in equal shares so long as both continue to enclose the same, and such partition fence must be kept in good repair throughout the year unless the occupants otherwise mutually agree.
Also on fences on the property line in Montana
- StatedMontana is one of the few states that says which half is whose. Standing on the land and looking at the boundary, each owner keeps up everything to the right of the midpoint. Where one parcel is entirely surrounded by another, the split runs from the northernmost northeastern corner around to the point halfway. A big difference in terrain between the two sides sends the question back to mutual agreement, with cost and time as the factors. MCA 70-16-205(2)Montana · Statute
- StatedMontana sets two different notice periods before self help. Sixty days notice for a new fence, five days notice in writing for a repair. After the notice runs, the neighbor may build or repair at the neglecting party expense, recover what was spent, and recover all damages caused by the neglect. MCA 70-16-209Montana · Statute
- StatedFencing land next to a neighbor who already fenced brings the cost with it. Once the second owner encloses the land, that owner has three months to build a proportional share of the partition fence or to refund an equal proportion of what the existing fence is worth at that time. MCA 70-16-207Montana · Statute
How tall can a fence be in Montana?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Montana sets no statewide limit on residential fence height. The forty two to forty eight inch band in the legal fence statute governs a livestock fence and lives in the livestock title, and the partition fence sections carry no dimension at all. Height on a house lot is set by city or county zoning.
Documents read before writing that:
- MCA 81-4-101Montana Legislature
- MCA 70-16-206Montana Legislature
Do I need a permit for a fence in Montana?
StatedThe code gives a plain answer, and the line it appears on is quoted.
The Montana state building code does not reach an ordinary house. Residential buildings with fewer than five dwelling units and their attached structures are outside it, along with farm and ranch buildings of any size and private garages and storage structures used only by the owner. A city or county can pull those structures back in by ordinance or resolution, and until it does the state cannot enforce the code on them.
residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size used only for the owner's own use, located within a county, city, or town, unless the local legislative body by ordinance or resolution makes the state building code applicable to these structures
Also on permits in Montana
- StatedThe permit duty in Montana is written to follow the scope rather than to stand alone. A permit is required from the appropriate authorities only for a building that is subject to parts 1 through 4 of the chapter, which is the same set of buildings the state code reaches. MCA 50-60-108Montana · Statute
Pool fence requirements in Montana
StatedThe code gives a plain answer, and the line it appears on is quoted.
The barrier rule stops at the property line. Montana defines a public swimming pool broadly, taking in spas, splash decks, water slides, lazy rivers and wave pools, and then excludes a pool on private property used only by the owner, the owner family and invited guests. The private common area pool of an owner occupied condominium development is excluded too. A back yard pool in Montana falls under no state barrier requirement.
swimming pools located on private property, including the private common area property of owner-occupied condominium developments, used for swimming or bathing only by the owner, members of the owner's family, or their invited guests
Also on pool barriers in Montana
- StatedMontana puts its pool barrier rule in a circular adopted by reference into the administrative rules. A public swimming pool needs a barrier meeting the International Swimming Pool and Spa Code, chapter 3, section 305, or a department approved alternative such as a dedicated attendant or monitored electronic warning and video. A lockable safety cover does not satisfy it. An existing pool has to meet the current barrier standard no matter how old it is. Section 4.1.2Montana · Agency guidance
Spite fence laws in Montana
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Montana has no spite fence statute. The nuisance chapter defines a public nuisance around interference with a public right and says nothing about fences, height or motive. The 2025 legislature narrowed that chapter further and repealed the old private nuisance section outright. The fence part of the property title is about building and paying for partition fences and carries no provision about a fence built out of spite.
Documents read before writing that:
- MCA 27-30-101Montana Legislature
- MCA 70-16-205Montana Legislature
How fence height is measured in Montana
Not researched yet for Montana. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Montana
Not researched yet for Montana. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Montana
Not researched yet for Montana. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Montana
Not researched yet for Montana. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Montana
StatedThe code gives a plain answer, and the line it appears on is quoted.
Montana still carries a full legal fence definition, written in 1881 and amended as recently as 2017. A legal fence has to stand at least forty two inches and no more than forty eight inches, with two exceptions: corral fences around haystacks, and natural barriers. Everything else in the section is a list of constructions that meet the standard.
Except as provided in subsections (2) and (7), a legal fence must be at least 42 inches but not more than 48 inches in height.
42 inminimum height of a legal fence
Also on agricultural fencing in Montana
- StatedThe first construction on the Montana list is the one most people picture. Three barbed horizontal wires, well stretched, with the lowest between fifteen and eighteen inches off the ground, on substantial posts no more than twenty feet apart. Posts may go to thirty three feet apart where two or more stays or pickets sit evenly between them. The section also recognizes woven wire with two barbed wires above it, four board or pole fences, and electric fences of at least three strands of 12.5 gauge high tensile steel carrying at least half a joule. MCA 81-4-101(1)Montana · Statute
- StatedMontana defines open range in the highway title, because the practical question there is who fences a road. Open range means the parts of the state where livestock are a significant part of the local economy and graze largely unrestrained by fences. The same part directs the department to fence highway right of way through open range, with an exception. MCA 60-7-102(4)Montana · Statute
Documents behind this page
11 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Montana LegislatureMontana Code Annotated 2025, Title 70, Chapter 16, Part 2, Adjoining Landowners and Boundaries, Fences
- Montana LegislatureMontana Code Annotated 2025, Title 70, Chapter 16, Part 2, Adjoining Landowners and Boundaries, Fences
- Montana LegislatureMontana Code Annotated 2025, Title 70, Chapter 16, Part 2, Adjoining Landowners and Boundaries, Fences
- Montana LegislatureMontana Code Annotated 2025, Title 70, Chapter 16, Part 2, Adjoining Landowners and Boundaries, Fences
- Montana LegislatureMontana Code Annotated 2025, Title 81, Chapter 4, Part 1, Fences, Legal fences defined
- Montana LegislatureMontana Code Annotated 2025, Title 50, Chapter 60, Part 1, Building Construction Standards
- Montana LegislatureMontana Code Annotated 2025, Title 50, Chapter 60, Part 1, Building Construction Standards
- Montana Department of Public Health and Human ServicesCircular FCS 3-2022, Montana Standards for Public Swimming Pools
- Montana LegislatureMontana Code Annotated 2025, Title 50, Chapter 53, Public Swimming Pools and Swimming Areas
- Montana LegislatureMontana Code Annotated 2025, Title 27, Chapter 30, Part 1, Definition of public nuisance
- Montana LegislatureMontana Code Annotated 2025, Title 60, Chapter 7, Part 1, Fencing of Open Range
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