Fence laws in North Dakota
What North Dakota 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.
North Dakota fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | N.D.C.C. 47-26-05 |
| Fence height | Silent | no figure | N.D.C.C. ch. 47-26 |
| Permits | Stated | no figure | N.D.C.C. 54-21.3-03(6) |
| Pool barriers | Silent | no figure | N.D. Admin. Code ch. 33-29-01 |
| Spite fences | Silent | no figure | N.D.C.C. ch. 42-01 |
| 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 | 3 strands | N.D.C.C. 47-26-01(5) |
Fence laws in North Dakota, question by question
Who owns the fence between two properties in North Dakota?
StatedThe code gives a plain answer, and the line it appears on is quoted.
North Dakota binds the occupants and owners of enclosed land equally to keep up the partition fence between them, unless one of them chooses to leave the land open. The second half of the section settles the argument about a nicer fence. Whoever wants something beyond a legal fence pays the whole cost of putting it up and keeping it there, unless both sides agree otherwise.
The occupants and the coterminous owners of lands enclosed with fences are mutually and equally bound to maintain the partition fences between their own and the next adjoining enclosures unless one of such owners chooses to let that owner's land lie open.
Also on fences on the property line in North Dakota
- StatedThe same section separates the shared duty from the extra. Equal shares cover a legal fence. Anything above that specification is paid for in full by whichever side asked for it, unless the two agree to split it. N.D.C.C. 47-26-05North Dakota · Statute
- StatedNorth Dakota does not appoint separate fence viewers. In an organized township the board of township supervisors is the fence viewer. Where the line runs between two townships, one supervisor is taken from each. N.D.C.C. 47-26-02North Dakota · Statute
- StatedA neglected partition fence in North Dakota goes to the fence viewers, who give notice to both sides, come out and examine it, and put their finding in writing with a reasonable deadline for the repair. If the work still does not happen the complaining side may do it, and after the viewers certify the value and their fees that cost is recoverable from the owner or the occupant, with interest of one percent a month once suit is brought. N.D.C.C. 47-26-07North Dakota · Statute
How tall can a fence be in North Dakota?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Dakota sets no statewide limit on residential fence height. The four and one half feet in the partition fence chapter is a minimum that defines a legal fence for holding livestock, not a ceiling, and the state building code chapter says nothing about fences and only applies where a local government elected to enforce it. Height is set by municipal zoning.
Documents read before writing that:
- N.D.C.C. ch. 47-26North Dakota Legislative Assembly
- N.D.C.C. ch. 54-21.3North Dakota Legislative Assembly
Do I need a permit for a fence in North Dakota?
StatedThe code gives a plain answer, and the line it appears on is quoted.
North Dakota has a state building code, but enforcing it is a local choice. A city, township or county that elects to administer and enforce a building code has to adopt the state one, and may amend it to fit local needs. Where no local government has made that election there is nobody administering a code, and buildings used for agriculture are outside the chapter altogether unless people live in them or the public uses them.
The governing body of a city, township, or county that elects to administer and enforce a building code shall adopt and enforce the state building code.
Also on permits in North Dakota
- DelegatedThe content of the North Dakota state building code is not written in the Century Code. The statute says the Department of Commerce adopts rules for it and that it has to be made up of the international building, residential, mechanical and fuel gas codes. Any permit rule or permit exemption for a fence lives inside those model codes, plus whatever amendments a local government adopted, and none of that text is printed in state law. N.D.C.C. 54-21.3-03(1)North Dakota · Statute
Pool fence requirements in North Dakota
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Dakota states no pool barrier requirement. The state pool rules were read in full and they cover bacteria limits, water clarity, disinfectant residual and record keeping, with nothing about a fence, a gate or a barrier. The word barrier appears once, inside the definition of premises. There is no swimming pool chapter in the Century Code either, so a barrier rule would only reach a property through a building code a local government elected to enforce.
Documents read before writing that:
- N.D. Admin. Code ch. 33-29-01North Dakota Legislative Assembly
- N.D.C.C. ch. 54-21.3North Dakota Legislative Assembly
Spite fence laws in North Dakota
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Dakota has no spite fence statute. The nuisance title defines a nuisance as an unlawful act or a failure to do a duty that annoys or endangers others, offends decency, obstructs a public way, or renders others insecure in the use of property, and it names no fence and no height. The partition fence chapter deals only with cost sharing and with what counts as a legal fence.
Documents read before writing that:
- N.D.C.C. ch. 42-01North Dakota Legislative Assembly
- N.D.C.C. ch. 47-26North Dakota Legislative Assembly
How fence height is measured in North Dakota
Not researched yet for North Dakota. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in North Dakota
Not researched yet for North Dakota. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in North Dakota
Not researched yet for North Dakota. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in North Dakota
Not researched yet for North Dakota. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in North Dakota
StatedThe code gives a plain answer, and the line it appears on is quoted.
North Dakota lists seven builds that count as a legal fence. The barbed wire version takes at least three barbed wires of number twelve and one half gauge or heavier, firmly fastened to posts, with the top wire at least forty inches off the ground, the bottom wire no more than sixteen inches off it, and no more than sixteen inches between any two neighboring wires.
A barbed wire fence consisting of at least three barbed wires with at least number twelve and one-half gauge wire, the wire to be fastened firmly to posts
3 strandsbarbed wire legal fence
Also on agricultural fencing in North Dakota
- StatedThe smooth wire option in the same list takes five wires, posts no more than two rods apart and stays no more than eight feet apart, with the top wire between forty eight and fifty six inches off the ground and the bottom wire between sixteen and twenty inches. A plain rail, board, timber or stone wall fence four and one half feet high in good repair also qualifies, and so does any fence the two owners agree on. N.D.C.C. 47-26-01(6)North Dakota · Statute
- StatedNorth Dakota prohibits livestock running at large, and it ties the offense straight to the fence specification. An owner who willfully lets livestock run loose by failing to keep a lawful fence as defined in the partition fence chapter commits a class B misdemeanor. Livestock here means bison, cattle, goats, horses, mules, sheep and swine. Designated grazing areas are the exception. N.D.C.C. 36-11-01North Dakota · Statute
- StatedA grazing area is North Dakota’s version of open range, and a county commission creates one on its own motion or on a petition signed by a majority of the owners and tenants in the area. The area has to be used mainly for grazing and enclosed by a fence or other suitable means. Inside it a livestock owner is not liable for damage to crops, property or land, or for a collision on a highway where the approved warning signs are posted between two hundred and four hundred feet from the entrance. N.D.C.C. 36-11-07(2)North Dakota · Statute
- StatedOutside a grazing area the lawful fence decides the case. Livestock that goes through, over or under a lawful fence is trespassing livestock, and the person who owns or has charge of it pays all the resulting damage. N.D.C.C. 36-11-09North Dakota · Statute
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- North Dakota Legislative AssemblyNorth Dakota Century Code, Chapter 47-26, Partition Fences
- North Dakota Legislative AssemblyNorth Dakota Century Code, Chapter 54-21.3, State Building Code
- North Dakota Legislative AssemblyNorth Dakota Administrative Code, Article 33-29, Chapter 33-29-01, Pool Facilities in North Dakota
- North Dakota Legislative AssemblyNorth Dakota Century Code, Chapter 42-01, Nuisances, General Provisions
- North Dakota Legislative AssemblyNorth Dakota Century Code, Chapter 36-11, Trespass of Livestock
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