Fence laws in Nebraska
What Nebraska 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.
Nebraska fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Neb. Rev. Stat. 34-102 |
| Fence height | Silent | no figure | Neb. Rev. Stat. 34-116 |
| Permits | Stated | no figure | Neb. Rev. Stat. 71-6403 |
| Pool barriers | Silent | no figure | 178 NAC |
| Spite fences | Silent | no figure | Neb. Rev. Stat. ch. 34 |
| 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 | 54 in | Neb. Rev. Stat. 34-116 |
Fence laws in Nebraska, question by question
Who owns the fence between two properties in Nebraska?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nebraska splits a shared boundary fence between the two adjoining landowners. Each side builds and keeps up a just proportion of the division fence. The statute defines a just proportion as an equal burden unless another statute or an agreement between the parties says otherwise. Neither side is forced to build at all if both want no fence.
When there are two or more adjoining landowners, each of them shall construct and maintain a just proportion of the division fence between them. Just proportion means an equitable allocation of the portion of the fenceline to be physically constructed and maintained by each landowner or, in lieu thereof, an equitable contribution to the costs to construct and maintain the division fence to be made by either landowner. Unless otherwise specified in statute or by agreement of the parties, such equitable allocation shall be one which results in an equal burden of construction and maintenance of the division fence.
Also on fences on the property line in Nebraska
- StatedNebraska requires written notice before work starts on a division fence. A landowner who plans to build, maintain or repair one has to notify the neighbor who shares the duty. The notice asks that neighbor to meet the duty by doing the work or by paying a share. If the neighbor lives out of state, notice may go to the occupant of the land or to the agent in charge of it. Neb. Rev. Stat. 34-112.02Nebraska · Statute
- StatedAnyone who owes a share of a division fence in Nebraska has to keep that share in good repair. The duty covers removing or trimming trees and woody growth that sit in the fence line or push into it. Growth that damages or dislocates the fence counts as a private nuisance against the neighbor. Neb. Rev. Stat. 34-103Nebraska · Statute
How tall can a fence be in Nebraska?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nebraska sets no statewide limit on residential fence height. The only statewide height figure is a floor rather than a ceiling, because Section 34-116 states a minimum height for a lawful fence used in livestock and division fence matters. Residential height limits come from municipal zoning ordinances.
Documents read before writing that:
- Neb. Rev. Stat. 34-116Nebraska Legislature
- Neb. Rev. Stat. 71-6403Nebraska Legislature
Do I need a permit for a fence in Nebraska?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nebraska has a statewide building code. The Legislature adopted the 2018 International Building Code and the 2018 International Residential Code by reference, along with the 2018 International Existing Building Code and the 2018 Uniform Plumbing Code. The residential code comes in without section R313 and without chapters 25 through 33.
The International Residential Code (IRC), 2018 edition, except section R313 and chapters 25 through 33, published by the International Code Council
Also on permits in Nebraska
- StatedA county, city or village in Nebraska may run its own building code only by adopting the state building code or one that conforms generally to it. A town that does not adopt a code within two years of a state code update falls under the state building code by default. That default does not reach construction on a farm or for farm purposes. Neb. Rev. Stat. 71-6406Nebraska · Building code
Pool fence requirements in Nebraska
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nebraska sets pool barrier rules through the Department of Health and Human Services in Title 178 of the state administrative code. That document is published only as a PDF and its text could not be read from the state source, so no wording is quoted here. The older statutory pool provision at Section 71-5401 was repealed in 2003.
Documents read before writing that:
- 178 NACNebraska Department of Health and Human Services
- Neb. Rev. Stat. 71-5401Nebraska Legislature
Spite fence laws in Nebraska
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nebraska has no spite fence statute. Chapter 34, the fences and boundaries chapter, covers division fences, lawful fence specifications and boundary disputes, and it names no fence built out of malice and no height trigger. The one nuisance rule in that chapter is about trees and woody growth damaging a division fence.
Documents read before writing that:
- Neb. Rev. Stat. ch. 34Nebraska Legislature
- Neb. Rev. Stat. 34-103Nebraska Legislature
How fence height is measured in Nebraska
Not researched yet for Nebraska. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Nebraska
Not researched yet for Nebraska. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Nebraska
Not researched yet for Nebraska. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Nebraska
Not researched yet for Nebraska. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Nebraska
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nebraska sets a build standard for the lawful fence that livestock and division fence duties rest on. Such a fence has to stand at least four and one half feet tall. Gaps between the boards, rails, poles and wires may not run more than one foot each, measured from the top.
shall be at least four and one-half feet in height; and in the construction of such fences the spaces between the boards, rails, poles, and wires shall not exceed one foot each, measuring from the top.
54 inminimum height of a lawful fence
Also on agricultural fencing in Nebraska
- StatedNebraska spells out what a wire fence has to be before it counts as lawful. It takes at least four wires of number nine gauge or heavier, fastened to posts set no more than one rod apart. A stake or post has to sit between every two posts, with the wire attached to it. Neb. Rev. Stat. 34-115(5)Nebraska · Statute
- StatedNebraska is a fence in state for livestock. The owner of cattle, horses, mules, swine, sheep or goats answers for damage the animals do on another person's land. That liability drops away where the person claiming damage is the one who damaged the division fence, either by neglect or on purpose. Neb. Rev. Stat. 54-401Nebraska · Statute
Documents behind this page
11 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Nebraska LegislatureNebraska Revised Statutes, Section 34-102
- Nebraska LegislatureNebraska Revised Statutes, Section 34-112.02
- Nebraska LegislatureNebraska Revised Statutes, Section 34-103
- Nebraska LegislatureNebraska Revised Statutes, Section 34-116, Lawful fences; height and spaces
- Nebraska LegislatureNebraska Revised Statutes, Section 71-6403, State building code; adopted; amendments
- Nebraska LegislatureNebraska Revised Statutes, Section 71-6406, County, city, or village; building code; adopt; amend; enforce; copy; fees
- Nebraska Department of Health and Human ServicesTitle 178 Nebraska Administrative Code, complete text (PDF, text not readable)
- Nebraska LegislatureNebraska Revised Statutes, Section 71-5401 (repealed, Laws 2003, LB 667)
- Nebraska LegislatureNebraska Revised Statutes, Chapter 34, Fences and Boundaries, full section list
- Nebraska LegislatureNebraska Revised Statutes, Section 34-115, Lawful fences, defined
- Nebraska LegislatureNebraska Revised Statutes, Section 54-401, Estrays, trespassing animals; damages; liability
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