Fence laws in New Hampshire
What New Hampshire 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.
New Hampshire fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | RSA 473:1 |
| Fence height | Silent | no figure | RSA 473:5 |
| Permits | Stated | no figure | RSA 155-A:4, I |
| Pool barriers | Stated | no figure | RSA 155-A:1, IV |
| Spite fences | Stated | 5 ft | RSA 476:1 |
| 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 | no figure | RSA 473:5 |
Fence laws in New Hampshire, question by question
Who owns the fence between two properties in New Hampshire?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Hampshire splits a partition fence in equal shares between the owners of adjoining land that is under improvement. A division the parties put in writing and record in the town records binds them and every later owner. A division can also be established by twenty years of usage and acquiescence.
The owners of adjoining lands under improvement shall build and repair the partition fence between them in equal shares.
Also on fences on the property line in New Hampshire
- StatedWhen the two sides do not agree and no division has grown up by usage, town fence viewers make the division on application. Recorded in the town records, it has the same force as one the parties made themselves, and a copy of the record is evidence. RSA 473:4New Hampshire · Statute
- StatedNew Hampshire puts real teeth on the neglecting side. After the fence viewers set a deadline and it passes, the other party may build the fence, have the fence viewers appraise the work, and then recover double that appraised value with costs of suit. RSA 473:10New Hampshire · Statute
How tall can a fence be in New Hampshire?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New Hampshire sets no statewide limit on residential fence height. The legal fence statute names no number at all and leaves adequacy to the fence viewers. The five feet in the spite fence chapter is a threshold for a nuisance claim that also needs proof of intent, not a cap on how tall a fence may be. Height is set by town or city ordinance.
Documents read before writing that:
Do I need a permit for a fence in New Hampshire?
StatedThe code gives a plain answer, and the line it appears on is quoted.
The state building code applies everywhere in New Hampshire and a permit comes before the work. In a town that has adopted an enforcement mechanism the permit follows the local process, and no permit may issue that would leave the work out of compliance with the state code.
Before starting work as described in RSA 155-A:2, I, the person responsible for such construction shall obtain a permit.
Also on permits in New Hampshire
- StatedIssuing the permit is local work. The statute reserves permit issuance and fee collection to counties, towns, cities and village districts that have set up enforcement, which is why the answer to whether a fence needs a permit in New Hampshire comes from the town office rather than the state. The state fire marshal handles only state, community college and university system buildings. RSA 155-A:2, IIINew Hampshire · Statute
Pool fence requirements in New Hampshire
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Hampshire names the International Swimming Pool and Spa Code inside the definition of the state building code, so the pool barrier rules arrive by statutory adoption rather than by agency rule. The current list is the 2024 edition of that code alongside the 2024 International Residential Code, as reviewed by the state building code review board and ratified by the legislature. The barrier numbers themselves live in the referenced model code.
the International Energy Conservation Code 2018, the International Swimming Pool and Spa Code 2024 and the International Residential Code 2024, as published by the International Code Council Inc.
Spite fence laws in New Hampshire
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Hampshire gives the spite fence its own chapter and a hard number. A fence, or any structure in the nature of a fence, that unnecessarily goes over five feet and was put up or kept up to annoy the neighbors is a private nuisance. Both parts have to be present. The statute dates from 1887 and has not been amended.
Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
5 ftheight a fence has to exceed before the spite fence rule applies
Also on spite fences in New Hampshire
- StatedWinning the case starts a clock. The losing party has thirty days from the judgment to remove the nuisance, and every day it stands after that carries a ten dollar penalty payable to the injured party. Damages come separately under RSA 476:2. RSA 476:3New Hampshire · Statute
How fence height is measured in New Hampshire
Not researched yet for New Hampshire. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in New Hampshire
Not researched yet for New Hampshire. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in New Hampshire
Not researched yet for New Hampshire. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in New Hampshire
Not researched yet for New Hampshire. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in New Hampshire
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Hampshire defines a legal fence by adequacy rather than by inches. Any fence high enough to be reasonably adequate for its purpose and in good repair counts, whether it is rails, boards, stone wall, or barbed, electrified or woven wire. Brooks, rivers, ponds, creeks, ditches and hedges count when the fence viewers judge them equivalent. The 1967 amendment is what added electrified and woven wire to the list.
All fences of such height as to be reasonably adequate for their purpose and in good repair, consisting of rails, timber, boards or stone wall, barbed, electrified or woven wire, and all brooks, rivers, ponds, creeks, ditches, hedges and other things deemed by the fence-viewers to be equivalent thereto, shall be accounted legal and sufficient fences.
Documents behind this page
9 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 473, Division Fences and Their Maintenance
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 473, Division Fences and Their Maintenance
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 473, Division Fences and Their Maintenance
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 473, Division Fences and Their Maintenance
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 476, Spite Fences
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XII, Chapter 155-A, New Hampshire Building Code
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XII, Chapter 155-A, New Hampshire Building Code
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XII, Chapter 155-A, New Hampshire Building Code
- New Hampshire General CourtNew Hampshire Revised Statutes Annotated, Title XLVII, Chapter 476, Spite Fences
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