Fence laws in New Jersey
What New Jersey 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 Jersey fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | N.J.S.A. 4:20-7 |
| Fence height | Silent | no figure | R.S. 40:48-1(29) |
| Permits | Stated | no figure | N.J.S.A. 52:27D-123 |
| Pool barriers | Silent | no figure | N.J.A.C. 5:23-3.21 |
| Spite fences | Silent | no figure | N.J.S.A. 4:20-7 |
| 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 New Jersey, question by question
Who owns the fence between two properties in New Jersey?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Jersey splits a partition fence between neighbors only when at least one of them uses the land to pasture or keep animals. Each owner who uses the land that way makes and keeps up a fair share of the fence. An owner who lets the land sit vacant and open, or who does not keep animals, carries no share of it.
Where the lands of any 2 or more persons shall join each other and 1 or more of them are using said lands for the pasturage or keeping of animals, each of them so using said lands shall make or amend and maintain a just proportion of the partition fence between said lands
How tall can a fence be in New Jersey?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New Jersey sets no statewide limit on residential fence height. State law gives that job to municipalities, which may regulate the size, height and dimensions of fences between neighboring lands. Height is therefore a local ordinance question in every New Jersey town.
Documents read before writing that:
- R.S. 40:48-1(29)New Jersey Legislature
- N.J.S.A. 4:20-7New Jersey Legislature
Do I need a permit for a fence in New Jersey?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Jersey runs one construction code for the whole state. The Commissioner of Community Affairs adopts the State Uniform Construction Code after a public hearing, and that code governs building work everywhere in New Jersey. The lists of work that needs a permit, and of work that does not, sit inside that code at N.J.A.C. 5:23 rather than in the statute.
The commissioner shall after public hearing pursuant to section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4) adopt a State Uniform Construction Code for the purpose of regulating the structural design, construction, maintenance, and use of buildings or structures to be erected
Pool fence requirements in New Jersey
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New Jersey puts its pool barrier rule in the Uniform Construction Code at N.J.A.C. 5:23-3.21, which adopts and then amends the International Swimming Pool and Spa Code. The Department of Community Affairs publishes that rule only as a PDF, and its text could not be read. No barrier height is stated in any readable New Jersey source, and the numbers live in the ICC code rather than in state text.
Documents read before writing that:
- N.J.A.C. 5:23-3.21New Jersey Department of Community Affairs
- N.J.S.A. 52:27D-123New Jersey Legislature
Spite fence laws in New Jersey
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New Jersey has no statewide spite fence statute. Title 4, Chapter 20 covers partition fences and says nothing about a fence raised out of malice. State law instead hands the size and height of fences between neighbors to each municipality.
Documents read before writing that:
- N.J.S.A. 4:20-7New Jersey Legislature
- R.S. 40:48-1(29)New Jersey Legislature
How fence height is measured in New Jersey
Not researched yet for New Jersey. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in New Jersey
Not researched yet for New Jersey. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in New Jersey
Not researched yet for New Jersey. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in New Jersey
Not researched yet for New Jersey. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in New Jersey
Not researched yet for New Jersey. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
4 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 4, Section 4:20-7, Duty to make and maintain portion of partition fence
- New Jersey LegislatureAssembly Bill A697 (2022 session), reproducing R.S.40:48-1 paragraph 29, Fences
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 52, Section 52:27D-123, State Uniform Construction Code; adoption
- New Jersey Department of Community AffairsN.J.A.C. 5:23-3, Uniform Construction Code subcodes (PDF, could not be read)
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