Fence laws in Tennessee
What Tennessee 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.
Tennessee fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Not researched yet | no figure | none |
| Fence height | Silent | no figure | Code Adoption History |
| Permits | Stated | no figure | Code Adoption History, residential codes |
| Pool barriers | Silent | no figure | Code Adoption History |
| Spite fences | Silent | no figure | T.C.A. Title 44, Chapter 8 |
| 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 Tennessee, question by question
Who owns the fence between two properties in Tennessee?
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
How tall can a fence be in Tennessee?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Tennessee sets no statewide limit on residential fence height. The adopted statewide residential code contains no fence provision, and the state fence law in Title 44 deals with livestock and partition fences rather than height. Height limits come from city and county zoning, and some jurisdictions have opted out of the statewide code entirely.
Documents read before writing that:
- Code Adoption HistoryTennessee Department of Commerce and Insurance, State Fire Marshal's Office
- Codes EnforcementTennessee Department of Commerce and Insurance, State Fire Marshal's Office
Do I need a permit for a fence in Tennessee?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Tennessee adopts the 2018 International Residential Code, with state amendments, as the statewide code for one- and two-family homes. The State Fire Marshal lists that adoption with an effective date of July 16, 2020. The state amendments do not touch the permit exemption section, and the word fence does not appear in the adopting rule, so Tennessee adds no fence permit rule of its own. Counties and cities may opt out of the statewide residential code.
International Residential Code (IRC), 2018 edition, published by the ICC, with amendments;
Pool fence requirements in Tennessee
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Tennessee sets no statewide residential pool barrier requirement. The state adopted the 2018 International Residential Code together with Appendix Q only. In that edition the pool barrier rules sit in Appendix G, which Tennessee did not adopt, so no statewide barrier height applies to a home pool. Local governments may still impose their own rule.
Documents read before writing that:
- Code Adoption HistoryTennessee Department of Commerce and Insurance, State Fire Marshal's Office
- Codes EnforcementTennessee Department of Commerce and Insurance, State Fire Marshal's Office
Spite fence laws in Tennessee
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Tennessee has no spite fence statute. The state fence law in Title 44, Chapter 8 covers sufficient fencing for livestock and partition fences, and sets no height trigger and no rule about a fence raised out of malice. A fence built only to annoy a neighbor is handled in Tennessee under general nuisance law rather than a dedicated statute.
Documents read before writing that:
- T.C.A. Title 44, Chapter 8Tennessee General Assembly
- Code Adoption HistoryTennessee Department of Commerce and Insurance, State Fire Marshal's Office
How fence height is measured in Tennessee
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Tennessee
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Tennessee
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Tennessee
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Tennessee
Not researched yet for Tennessee. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
3 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Tennessee Department of Commerce and Insurance, State Fire Marshal's OfficeCodes Enforcement, Code Adoption History
- Tennessee Department of Commerce and Insurance, State Fire Marshal's OfficeCodes Enforcement
- Tennessee General AssemblyPublic Chapter No. 266, Senate Bill No. 658 (1999), amending Title 44, Chapter 8, relative to fencing and grazing (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