Fence laws in Nevada
What Nevada 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.
Nevada fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Silent | no figure | NRS ch. 569 |
| Fence height | Silent | no figure | NRS 278.580 |
| Permits | Stated | no figure | NRS 278.580 |
| Pool barriers | Stated | no figure | NRS 444.065 |
| Spite fences | Silent | no figure | NRS 40.140 |
| 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 | 20 ft | NRS 569.431 |
Fence laws in Nevada, question by question
Who owns the fence between two properties in Nevada?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nevada has no partition fence or division fence statute. No state law makes one neighbor pay a share of a fence built on the boundary or sets a notice step before building one. The livestock chapter defines a legal fence and says what it has to look like, but that definition drives who owes damages for stray animals, not who pays for the fence. The grazing chapter and the property chapter say nothing about splitting fence cost.
Documents read before writing that:
- NRS ch. 569Nevada Legislature
- NRS ch. 568Nevada Legislature
- NRS ch. 111Nevada Legislature
How tall can a fence be in Nevada?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nevada sets no statewide limit on residential fence height. NRS 278.580 leaves building codes to each city and county, so no state code carries a fence height or a fence permit rule. The only fence heights written into Nevada law are the forty-eight inch top barrier on a livestock legal fence and the five and six foot barriers required around a public pool. Height for a yard fence is set by municipal or county ordinance.
Documents read before writing that:
- NRS 278.580Nevada Legislature
- NRS 569.431Nevada Legislature
- NAC 444.136Nevada State Board of Health
Do I need a permit for a fence in Nevada?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nevada does not put one building code over the whole state. NRS 278.580 lets the governing body of any city or county adopt a building code and write the rules that enforce it, and lets that body set a fee schedule for building permits. The statute names only two things a local code has to carry: the seismic provisions of the International Building Code, and standards for studying seismic hazards. Whether a fence needs a permit is therefore a city or county question.
the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code
Pool fence requirements in Nevada
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nevada pool law reaches a public swimming pool, meaning any structure holding an artificial body of water meant to be used by people as a group for swimming or bathing, whether or not a fee is charged. A pool at a private home is left out when the owner or an authorized occupant controls it and its use stays with family and invited guests. Foster homes, small child care homes, and certain private club pools are also left out.
means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use
Also on pool barriers in Nevada
- StatedNevada requires a barrier that closes off the whole pool area at a public pool. It can be a fence, a wall, a building, or another barrier. The barrier has to keep small children out and give no handholds or footholds on the outside, and no part of a pool enclosure may serve as a common walkway. NAC 444.136Nevada · Agency guidance
- StatedNevada sets two barrier heights for public pools, and both run taller than the four foot figure common in other states. A pool tied to a hotel, motel, other lodging, trailer park, apartment, condominium, or other building with many dwellings takes a barrier at least five feet high. Every other covered pool takes a barrier at least six feet high. Courtyard layouts where a gate or door opens straight from a room into the pool area are not allowed. NAC 444.136Nevada · Agency guidance
- StatedThe Nevada pool barrier rule also limits the gaps. Upright members in the barrier sit no more than four inches apart, and any opening along the bottom stays under four inches tall. A gate or door into the pool area carries a permanent lock and a self closing and self latching mechanism placed at least three and a half feet above the ground. NAC 444.136Nevada · Agency guidance
Spite fence laws in Nevada
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Nevada has no spite fence statute and no height that turns a fence into a legal wrong on its own. The nuisance sections of NRS chapter 40 never use the word fence, and NRS 40.140 gives only a broad test covering anything that blocks the free use of property. The public nuisance sections of NRS chapter 202 mention a fence only to say that fencing public land is not a nuisance when a federal agency allows or requires it.
Documents read before writing that:
- NRS 40.140Nevada Legislature
- NRS ch. 202Nevada Legislature
- NRS ch. 111Nevada Legislature
How fence height is measured in Nevada
Not researched yet for Nevada. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Nevada
Not researched yet for Nevada. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Nevada
Not researched yet for Nevada. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Nevada
Not researched yet for Nevada. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Nevada
StatedThe code gives a plain answer, and the line it appears on is quoted.
Nevada defines a legal fence for livestock. It carries at least four horizontal barriers of wire, board, pole, or similar material in common local use, with posts set no more than twenty feet apart. Each post has to hold a sideways pull of 250 pounds at a point four feet up, and each barrier has to hold the same pull midway between posts.
a fence with not less than four horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than 20 feet apart.
20 ftmaximum spacing between posts on a legal fence
Also on agricultural fencing in Nevada
- StatedThe same Nevada definition fixes the spacing and the height of a legal fence. The lowest barrier sits no more than twelve inches off the ground, the space between any two barriers stays under twelve inches, and the top barrier stands at least forty-eight inches above the ground. NRS 569.431Nevada · Statute
- StatedNevada is a fence out state for cultivated land. Nobody may collect damages for livestock trespassing on cultivated land, and no Nevada court may award them, if the land was not closed in by a legal fence when the trespass happened. The job of putting up the fence falls on the person growing the crop, not on the livestock owner. NRS 569.450Nevada · Statute
- StatedOnce land is closed in by a legal fence, the rule flips. If livestock break into ground held by a legal fence, the animal owner or manager owes the landowner every dollar of damage from the trespass. A repeat trespass caused by that person neglecting the animals carries double damages. NRS 569.440Nevada · Statute
- StatedNevada defines open range as every unfenced piece of land outside cities and towns where cattle, sheep, or other domestic animals graze or roam by custom, license, lease, or permit. The term carries weight on the highway. Under NRS 568.360 a person who owns or controls an animal running on open range has no duty to keep it off a highway crossing that range and owes nothing for a collision there, though negligently letting an animal into a fenced highway right of way does create liability. NRS 568.355Nevada · Statute
Documents behind this page
8 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Nevada LegislatureNevada Revised Statutes, Chapter 569 (Estrays and Livestock)
- Nevada LegislatureNevada Revised Statutes, Chapter 568 (Grazing and Ranging)
- Nevada LegislatureNevada Revised Statutes, Chapter 111 (Estates in Property; Conveyancing and Recording)
- Nevada LegislatureNevada Revised Statutes, Section 278.580
- Nevada State Board of HealthNevada Administrative Code, Chapter 444
- Nevada LegislatureNevada Revised Statutes, Section 444.065
- Nevada LegislatureNevada Revised Statutes, Chapter 40 (Actions and Proceedings in Particular Cases Concerning Property)
- Nevada LegislatureNevada Revised Statutes, Chapter 202 (Crimes Against Public Health and Safety)
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