Fence laws in Vermont
What Vermont 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.
Vermont fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | 24 V.S.A. 3802 |
| Fence height | Silent | no figure | 24 V.S.A. 3801 |
| Permits | Stated | no figure | 20 V.S.A. 2730(b)(1) |
| Pool barriers | Stated | no figure | Section 5, amendments to the 2021 International Building Code |
| Spite fences | Stated | no figure | 24 V.S.A. 3817 |
| 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 | 54 in | 24 V.S.A. 3801 |
Fence laws in Vermont, question by question
Who owns the fence between two properties in Vermont?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Vermont splits a division fence in half when both sides of the line are occupied. Each owner makes and keeps up an equal portion. When one side is unimproved and unoccupied, that owner still builds a proportion of the fence unless the selectboard of the town, asked by either party and after notice, decides otherwise. That decision is recorded in the town clerk office and is final between the parties.
Owners or occupants of adjoining lands, where the lands of both parties are occupied, shall make and maintain equal portions of the division fence between their respective lands.
Also on fences on the property line in Vermont
- StatedFence viewers are real town officers in Vermont. On request they examine fences in the town and divide them. A fence viewer who neglects the duty forfeits five dollars to the aggrieved party. The appeal window is the striking part: an appeal to Superior Court has to be claimed within two hours of the decision. 24 V.S.A. 3810Vermont · Statute
- StatedMoney owed under the Vermont fence chapter is collected in an ordinary civil action. That covers the cost of making or repairing a division fence, damages for neglecting to make one, and half the value of a fence already standing, plus costs. 24 V.S.A. 3816Vermont · Statute
How tall can a fence be in Vermont?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Vermont sets no statewide limit on residential fence height. The only height in the fence chapter is the four and one half feet that makes a fence sufficient against livestock, which is a floor and not a ceiling. The spite fence section turns on purpose instead of a measurement. Height on a house lot is a town matter.
Documents read before writing that:
- 24 V.S.A. 3801Vermont General Assembly
- 24 V.S.A. 3817Vermont General Assembly
Do I need a permit for a fence in Vermont?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Vermont state construction rules reach public buildings, and the statute says what a public building is not. An owner occupied single family residence is excluded unless it is put to one of the listed public uses. Farm buildings on a working farm and registered family child care homes are excluded too. A fence at an owner occupied house therefore sits outside the state code entirely.
An owner-occupied single-family residence, unless used for a purpose described in subsection (a) of this section.
Also on permits in Vermont
- StatedThe code itself repeats the limit. The 2025 Vermont Fire and Building Safety Code adopts NFPA 101, NFPA 1, the 2021 International Building Code and the 2021 International Existing Building Code, and states plainly that the rules apply to public buildings as Title 20 defines them. Section 1, Title, Intent and AuthorityVermont · Building code
Pool fence requirements in Vermont
StatedThe code gives a plain answer, and the line it appears on is quoted.
The reason Vermont has no general pool enclosure rule is a deliberate deletion. The 2025 Vermont Fire and Building Safety Code adopts the 2021 International Building Code and then strikes IBC section 3109, the section titled Swimming Pool Enclosures and Safety Devices. Vermont removes the model code pool barrier provision rather than amending it.
-delete- IBC section 3109 Swimming Pool Enclosures and Safety Devices
Section 5, amendments to the 2021 International Building Code
Also on pool barriers in Vermont
- StatedVermont has no pool barrier rule for a private back yard. The statewide enclosure requirement lives in the Health Department rule for licensed lodging establishments, and it applies to the pools and recreational water features at those places. An outdoor pool there needs a fence, wall, building or other enclosure at least four feet high, made of durable material, with no opening that passes a four inch sphere. Gates self close and self latch, the latch sits at least four feet up, and a hedge does not count. Section 18.3.5Vermont · Agency guidance
Spite fence laws in Vermont
StatedThe code gives a plain answer, and the line it appears on is quoted.
Vermont bans the spite fence outright rather than calling it a nuisance. The test is purpose and effect together: an unnecessary fence or structure put up to annoy the neighbors by blocking their view or taking their light or air. There is no height trigger in the section. The penalty is a fine of not more than one hundred dollars.
A person shall not erect or maintain an unnecessary fence or other structure for the purpose of annoying the owners of adjoining property by obstructing their view or depriving them of light or air.
How fence height is measured in Vermont
Not researched yet for Vermont. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Vermont
Not researched yet for Vermont. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Vermont
Not researched yet for Vermont. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Vermont
Not researched yet for Vermont. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Vermont
StatedThe code gives a plain answer, and the line it appears on is quoted.
Vermont measures a sufficient fence against sheep. Four and one half feet high, in good repair, built so sheep cannot get out, and a natural barrier that does the same job counts. Occupied land along a highway is treated as the enclosure of whoever owns or occupies it, and a drover who takes reasonable care is not liable for stock that gets into an enclosure whose highway fence was not sufficient.
Fences four and one-half feet high, in good repair and so constructed as to prevent the escape of sheep, and any natural barrier equivalent to such fence shall be deemed sufficient
54 inheight a fence needs to count as sufficient against livestock
Documents behind this page
8 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 20, Chapter 173, Definitions
- Vermont Department of Public Safety, Division of Fire Safety2025 Vermont Fire and Building Safety Code
- Vermont Department of HealthLicensed Lodging Establishment Rule
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