Fence laws in Maricopa, Arizona
What the Maricopa municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Maricopa sets no rule of its own, the Arizona rule is shown in its place and marked as such.
Fence laws in Maricopa, Arizona, question by question
The short version
- Who pays on the line
- Where a Maricopa fence blocks a public utility easement, the city does not prohibit it but requires it to be built so the parts needed to reach the utilities can be removed, or so access is otherwise ensured.
- How tall
- In a Maricopa residential zone a fence or freestanding wall in the front or the street side stops at three and a half feet, and interior sides and the rear take six, and the answer turns on the zone, the yard, and whether the fence is transparent. The figure is 42 inches, for fence in a residential front or street side yard.
- Permits
- Maricopa splits its fence approvals by height and by district at the same time, and the answer turns on the height of the wall and the zoning district. The figure is 7 feet, for height below which a zoning permit covers it.
- Pool barriers
- Arizona writes its pool fence rule straight into state law instead of leaving it to a code. The figure is 5 feet, for minimum height of the wall, fence or barrier enclosing a pool, measured on the outside face.
- Spite fences
- Maricopa has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Where a solid freestanding fence sits on top of a retaining wall, Maricopa measures both together and reads them from the ground level on the lowest side of the combined structure.
- Corner lots
- Arizona sets no clear view rule at a corner on a private lot. It reaches a public highway or airport, including a state highway, not a fence standing on private land only.
- Retaining walls
- Maricopa gives an owner a way to build higher on a graded lot without asking for anything, and the answer turns on whether the freestanding wall is stepped back from the retaining wall. The figure is 4 feet, for retaining wall height that triggers a permit.
- Materials
- Chain link fencing is not permitted in any commercial, mixed use or industrial district in Maricopa, which leaves it available on residential land, and the answer turns on the district and the type of fence. The figure is 80 percent, for openness that makes a fence view fencing.
- Livestock
- Arizona says exactly how to build a lawful fence. The figure is 50 inches, for height of the top wire on a lawful fence.
Who owns the fence between two properties in Maricopa?
Compare fences on the property line across all 50 states
Maricopa answers this in its own law. The words that do it are quoted below.
Where a Maricopa fence blocks a public utility easement, the city does not prohibit it but requires it to be built so the parts needed to reach the utilities can be removed, or so access is otherwise ensured. So the fence is designed around the utility rather than the utility being left to cut through it. The fence guide sets no general setback from a side or rear property line, and defines a setback only as the area between a property line and a building that has to be kept clear, which leaves the boundary fence as the ordinary case. The separate retaining wall rule adds one placement requirement: where a freestanding wall is stepped back from a retaining wall so the two count separately, the setback area has to be landscaped to soften the combined wall mass.
Where fencing blocks public utility easements, it shall be constructed so those portions required for access to the utilities can be removed or access otherwise ensured.
Residential Zones and Retaining Walls
Also on fences on the property line in Maricopa
- no rule, documents checkedArizona has no law splitting the cost of a fence on a boundary between neighbors. Arizona is an open range state, so the fence law in Title 3 is about keeping livestock out and about what is owed when animals break through. Title 33, the property title, has no fence chapter at all. Two neighbors settle the cost themselves, or a city rule covers it. A.R.S. Title 3Arizona · Statute
How tall can a fence be in Maricopa?
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Maricopa answers this, but the answer changes depending on the zone, the yard, and whether the fence is transparent.
In a Maricopa residential zone a fence or freestanding wall in the front or the street side stops at three and a half feet, and interior sides and the rear take six. A visually transparent and non-opaque fence above three and a half feet may be allowed in a front or street side yard through a modification granted by the hearing officer, so the way past the front yard limit is to be able to see through it rather than to argue about it. In the commercial, mixed use and industrial zones a fence or freestanding wall along the exterior boundary of a required side or rear yard reaches eight feet, and those fences also have to be architecturally integrated with the development they serve.
No fence or freestanding wall within the front or street side shall exceed 3.5 feet in height. Walls shall not exceed six feet in height on interior sides and the rear.
Residential Zones and Commercial, Mixed-Use, and Industrial Zones
The answer turns on the zone, the yard, and whether the fence is transparent.
- a residential front or street side yard
- Three and a half feet. 42 in
- a residential interior side or rear
- Six feet. 6 ft
- a commercial, mixed use or industrial side or rear yard
- Eight feet. 8 ft
Also on fence height in Maricopa
- no rule, documents checkedArizona sets no limit on how tall a fence at a house can be. City, town or county zoning sets it, and there is no statewide building code behind that. State law has two fence heights and neither is a cap: the five foot pool fence in Title 36, which is about pool safety, and the six foot line in A.R.S. 11-861(G)(2), which only marks when a fence counts as a side structure for a county fire code rule. A.R.S. Title 3Arizona · Statute
Do I need a permit for a fence in Maricopa?
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Maricopa answers this, but the answer changes depending on the height of the wall and the zoning district.
Maricopa splits its fence approvals by height and by district at the same time. Anything under seven feet, and anything at all in a residential district, needs a Zoning Permit, which the city says exists to verify the location and the exterior design of the fence rather than its structure. A commercial fence or freestanding wall over seven feet, and any retaining wall over four feet, needs a Commercial Wall or Fence Permit instead, and a retaining wall of four feet or less needs a Commercial Retaining Wall permit only where it supports a surcharge. Every application carries three documents: a written narrative describing the wall and the scope of work, written authorization from the property owner, and a site plan showing where the walls go, which may be computer generated or neatly sketched.
All fences/walls under seven (7) feet in height and/or within residential districts require a Zoning Permit with the City of Maricopa. This permit is required to verify the fence’s location and exterior design.
The answer turns on the height of the wall and the zoning district.
- anything under seven feet, or anything in a residential district
- A Zoning Permit. 7 ft
- a commercial wall over seven feet
- A Commercial Wall or Fence Permit.
- a retaining wall over four feet
- A Commercial Wall or Fence Permit. 4 ft
Also on permits in Maricopa
- set in state lawArizona has no statewide building code and gives the job to the counties. In a county that has zoning, the board of supervisors may adopt and enforce a building code for the zoned areas outside any city, and may leave out areas zoned rural or unclassified. The code has to be adopted by reference after notice and hearings before the county planning and zoning commission and the board. The choice is limited too: a building, electrical, plumbing or mechanical code from a national code group, or the one the largest city in the county already uses. A.R.S. § 11-861(A)Arizona · Statute
- set in state lawCities and towns get the same power under a separate law. An Arizona city may adopt an existing code by reference without printing the code itself, as long as the ordinance doing it is published in full. At least three paper copies, or one paper and one electronic copy, stay on file with the city clerk for anyone to look at. So the fence permit rule in Arizona is whichever code the city or town picked. A.R.S. § 9-802Arizona · Statute
- set in state lawArizona law puts a number on an ordinary fence in exactly one place, and it is in the same county statute. A county fire code cannot make a small side building or structure put in fire sprinklers by way of a fire truck access road rule. The list of what counts as one of those side structures names a fence more than six feet high, next to barns, carports, sheds and walls that hold back earth. Six feet is not a cap on fence height. It is the line above which a fence counts as a structure for that one fire code rule. A.R.S. § 11-861(G)(2)Arizona · Statute
Pool fence requirements in Maricopa
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Arizona answers this in its own law. The words that do it are quoted below.
Arizona writes its pool fence rule straight into state law instead of leaving it to a code. A pool or other held body of water at least eighteen inches deep and wider than eight feet gets a fence at least five feet high, measured on the outside face of the wall, fence or barrier. Gates close and latch by themselves, the latch sits at least fifty four inches above the ground, and the gate opens away from the pool.
This one is Arizona law, not Maricopa law. All Arizona findings
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 Maricopa
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Maricopa law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Arizona has no spite fence law. The fence sections in Title 3 are about livestock and no fence districts, and Title 33 has no fence rules in it. Neither one sets a height that turns a fence into a nuisance, and neither one says anything about a fence put up to annoy a neighbor.
This one is Arizona law, not Maricopa law. All Arizona findings
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 Maricopa
Compare how height is measured across all 50 states
Maricopa answers this in its own law. The words that do it are quoted below.
Where a solid freestanding fence sits on top of a retaining wall, Maricopa measures both together and reads them from the ground level on the lowest side of the combined structure. That is the strictest way to do it: the fence does not start counting at the top of the wall, and the whole assembly has to fit inside the height allowed for a fence alone. The rule matters most on a graded subdivision lot where a pad sits above the street or above the neighbor, since the retaining wall holding that pad is counted against the six feet a rear yard fence gets.
The height of a solid freestanding fence that is on top of a retaining wall is measured from the ground level on the lowest side of the combined fence and wall.
Also on how height is measured in Maricopa
- set in state lawArizona names a starting point in the one place it gives fence sizes. Section 3-1426 describes a lawful fence on open range and puts the top barbed wire fifty inches above the ground, with the other wires spaced down from it. The ground is the starting point and the law says so. That rule is there to turn livestock, not to size a fence at a house. Section 9-462.01 lets a city set the height of structures, so a fence at a house is a city matter and the city picks the surface to measure from. A.R.S. 3-1426(A)Arizona · Statute
Fence rules for corner lots in Maricopa
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Arizona answers this in its own law. The words that do it are quoted below.
Arizona sets no clear view rule at a corner on a private lot. What Title 28, Chapter 20 does is make it a petty offense to place or keep anything blocking a public highway. Section 28-7053 covers a structure or object of any kind placed in, under or over part of the road, which is wide enough to catch a fence. Section 28-7054 sets the notice and removal steps. The rule stops at the edge of the public road. Height and setback on the lot behind it come from city and county zoning under sections 9-462.01 and 11-812.
This one is Arizona law, not Maricopa law. All Arizona findings
Places or maintains an encroachment or obstruction on, makes any use of or otherwise occupies a public highway or airport of this state or any of its political subdivisions for any purpose other than for authorized public travel, communication, transportation or transmission, except as otherwise provided in this section.
Retaining wall rules in Maricopa
Compare retaining walls across all 50 states
Maricopa answers this, but the answer changes depending on whether the freestanding wall is stepped back from the retaining wall.
Maricopa gives an owner a way to build higher on a graded lot without asking for anything. A fence sitting directly on a retaining wall is measured as one structure from the lowest ground. But if the freestanding part is set back from the retaining wall by a distance at least equal to its own height, the two are calculated separately as individual walls, so each gets its own allowance and the total rises. The price is landscaping: the setback area has to be planted in a way that softens the combined wall mass. A retaining wall over four feet needs a Commercial Wall or Fence Permit, and one at four feet or less needs a permit only where it supports a surcharge, measured from the bottom of the footing.
If the freestanding portion of the wall is set back from the retaining wall a distance equal to or greater than the height of the freestanding portion of the wall, the retaining and freestanding wall heights shall be calculated separately as individual walls.
Retaining Walls and Fence/Wall Permitting Process
The answer turns on whether the freestanding wall is stepped back from the retaining wall.
- a fence built directly on a retaining wall
- One structure, measured from the lowest ground.
- a fence stepped back by at least its own height
- Two separate walls, each with its own allowance, and the gap planted.
- a retaining wall over four feet
- A Commercial Wall or Fence Permit. 4 ft
Also on retaining walls in Maricopa
- left to the townArizona has no statewide building code, so it has no state rule for a wall that holds back earth. Section 11-861 lets a county board of supervisors adopt a building code for the parts of a zoned county outside any city. The choice is limited to a code from a national code writing group, or the code the largest city in that county already uses. The height at which a wall of that kind needs a permit comes from whichever code the county or city picked. A.R.S. § 11-861(A)Arizona · Statute
Fence materials allowed in Maricopa
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Maricopa answers this, but the answer changes depending on the district and the type of fence.
Chain link fencing is not permitted in any commercial, mixed use or industrial district in Maricopa, which leaves it available on residential land. Barbed wire, razor wire, embedded glass shards, ultra barrier, electrified fencing and other hazardous fencing are prohibited in the residential zones. The city then defines two open fence types by percentage rather than by material. View fencing is constructed to achieve eighty percent overall openness. A corral fence is vertical posts with horizontal connectors built so that seventy five percent or more of the vertical surface is open, and the definition states expressly that corral fences do not include chain link fences, which closes the obvious way of claiming a cheap wire fence as a corral.
Chain-link fencing is not permitted in any commercial, mixed-use, or industrial district.
Definitions and Commercial, Mixed-Use, and Industrial Zones
The answer turns on the district and the type of fence.
- chain link on commercial, mixed use or industrial land
- Not permitted.
- view fencing
- Eighty percent overall openness. 80%
- a corral fence
- Seventy five percent of the vertical surface open, and never chain link. 75%
- hazardous fencing in a residential zone
- Prohibited.
Also on materials in Maricopa
- set in state lawArizona describes a lawful fence by its wire. It takes solid posts no more than thirty feet apart with at least four tight barbed wires on them. A fence built some other way still counts when it is as strong and turns livestock as well. A.R.S. 3-1426Arizona · Statute
Livestock and boundary fence law in Maricopa
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Arizona answers this in its own law. The words that do it are quoted below.
Arizona says exactly how to build a lawful fence. Posts go in the ground no more than thirty feet apart. At least four barbed wires are stretched tight and tied to those posts. The top wire sits fifty inches above the ground, and the other three sit twelve, twenty two and thirty two inches below it. Posts set more than one rod apart need stays no more than seven and a half feet from each other. Any other fence just as strong and just as good at turning livestock counts too.
This one is Arizona law, not Maricopa law. All Arizona findings
A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground
50 inheight of the top wire on a lawful fence
Also on agricultural fencing in Maricopa
- set in state lawArizona is a fence out state. The landowner who wants animals kept off builds the fence, not the animal owner, and nothing is owed for a trespassing animal unless the land was already ringed by a lawful fence. A no fence district is the exception. Inside one, Section 3-1424 makes the person in charge of the livestock pay the damage and guilty of a class 2 misdemeanor for letting them run loose. A.R.S. 3-1427Arizona · Statute
Documents behind this page
9 documents, of which 1 was published by Maricopa itself. Each was read on the date shown.
- Arizona State LegislatureArizona Revised Statutes, Title 3, Agriculture, full title listing
- Arizona State LegislatureArizona Revised Statutes, Title 33, Property, full title listing
- City of Maricopa, Planning and Zoning DivisionFence and Wall Guide, revised October 2024, setting out City Code Section 18.80.090
- 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
- Arizona State LegislatureArizona Revised Statutes, Title 3, Section 3-1426, Lawful fence defined
- Arizona State LegislatureArizona Revised Statutes, Title 28, Chapter 20, Section 28-7053, Misuse of public highway or airport; violation; classification; injunction; definition
- Arizona State LegislatureArizona Revised Statutes, Title 3, Chapter 11, Article 4
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Maricopa publishes, plus the Arizona rules that apply where the city sets none. Fence laws in Arizona has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean