Fence laws in Arizona
What Arizona 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.
Arizona fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Silent | no figure | A.R.S. Title 3 |
| Fence height | Silent | no figure | A.R.S. Title 3 |
| Permits | Stated | no figure | A.R.S. § 11-861(A) |
| Pool barriers | Stated | 5 ft | A.R.S. § 36-1681 |
| Spite fences | Silent | no figure | A.R.S. Title 3 |
| 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 Arizona, question by question
Who owns the fence between two properties in Arizona?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona has no partition fence statute and no rule splitting the cost of a boundary fence between neighbors. Arizona is an open range state, so its fence law in Title 3 defines a lawful fence for keeping livestock out and sets damages when animals break through one. Title 33, the property title, has no fence or party wall chapter at all.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
How tall can a fence be in Arizona?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona sets no statewide limit on residential fence height. The two height figures in Arizona statute are the five foot pool enclosure in Title 36, which governs pool safety, and the six foot line in A.R.S. 11-861(G)(2), which only classifies a taller fence as an accessory structure for a county fire code rule. Neither one caps a yard fence. With no statewide building code either, height is entirely a matter of city, town or county zoning.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
Do I need a permit for a fence in Arizona?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Arizona has no statewide building code and hands the job to county government by statute. In a county that has adopted zoning, the board of supervisors may adopt and enforce a building code for the zoned unincorporated areas, and may exempt areas zoned rural or unclassified from it. The code has to be adopted by reference after notice and hearings before the county planning and zoning commission and the board, and it is limited to a building, electrical, plumbing or mechanical code published by a national code organization or already adopted by the largest city in the county.
In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures
Also on permits in Arizona
- StatedCities and towns get the same power through a separate statute. An Arizona municipality may enact an existing code by reference without printing the code itself, as long as the adopting ordinance is published in full. At least three paper copies, or one paper and one electronic copy, stay on file with the municipal clerk and open to public inspection. So the code that governs a fence permit in Arizona is whichever one the city or town chose to adopt. A.R.S. § 9-802Arizona · Statute
- StatedThe same county statute carries the one place Arizona law puts a number on an ordinary fence. A county fire code cannot force a utility or miscellaneous accessory building or structure to install fire sprinklers through a fire apparatus access road requirement, and the definition of that phrase names a fence more than six feet high alongside barns, carports, sheds and retaining walls. Six feet is not a limit on how tall a fence can be. It is the line above which a fence is treated as a structure for that county fire code rule. A.R.S. § 11-861(G)(2)Arizona · Statute
Pool fence requirements in Arizona
StatedThe code gives a plain answer, and the line it appears on is quoted.
Arizona writes its pool barrier rule straight into statute rather than leaving it to a code. A pool or other contained body of water at least eighteen inches deep and wider than eight feet gets an enclosure of at least five feet, measured on the outside face of the wall, fence or barrier. Gates are self-closing and self-latching, with the latch at least fifty-four inches above the ground, and they open away from the pool.
Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
5 ftminimum height of the wall, fence or barrier enclosing a pool, measured on the outside face
Spite fence laws in Arizona
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Arizona has no spite fence statute. The fence sections in Title 3 deal with livestock and no-fence districts, and Title 33 contains no fence provisions. Nothing in either title sets a height trigger or addresses a fence raised to annoy a neighbor.
Documents read before writing that:
- A.R.S. Title 3Arizona State Legislature
- A.R.S. Title 33Arizona State Legislature
How fence height is measured in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Arizona
Not researched yet for Arizona. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Arizona State LegislatureArizona Revised Statutes, Title 3, Agriculture, full title listing
- Arizona State LegislatureArizona Revised Statutes, Title 33, Property, full title listing
- Arizona State LegislatureArizona Revised Statutes, Title 11, Chapter 6, Section 11-861, Adoption of codes by reference
- Arizona State LegislatureArizona Revised Statutes, Title 9, Chapter 6, Section 9-802, Procedure for adoption by reference
- Arizona State LegislatureArizona Revised Statutes, Title 36, Chapter 15, Article 5, Section 36-1681, Pools; enclosures; safety features
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