Fence laws in Boise, Idaho
What the Boise municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Boise sets no rule of its own, the Idaho rule is shown in its place and marked as such.
Fence laws in Boise, Idaho, question by question
The short version
- Who pays on the line
- Boise states no setback for a fence and states instead who owns the ground it stands on. The figure is 0 feet, for setback stated from a property line for a fence.
- How tall
- In the residential and mixed-use districts, a solid fence in the front yard setback is held to thirty six inches and an open-vision fence to forty eight, and the code defines open-vision rather than leaving it to argument: a slatted fence counts where the gap is at least fifty percent of the slat width, and the answer turns on where on the lot the fence stands and how open it is. The figure is 36 inches, for solid fence within the front yard setback.
- Permits
- The zoning section names no general fence permit and creates four approvals that attach to particular situations, and the answer turns on the district, the material and where the fence stands.
- Pool barriers
- Idaho sets the pool barrier height by the size of the pool, which almost no other state does, and the answer turns on the surface area of the pool. The figure is 4 feet, for barrier around a public pool under 1,800 square feet. It reaches public pools, not a pool serving a single home only.
- Spite fences
- Boise has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Boise closes the loophole that lets somebody build two short fences instead of one tall one, and the answer turns on how far apart the structures stand. The figure is 5 feet, for separation needed for two fences to count as separate.
- Corner lots
- Boise states the height and hands the shape to somebody else, and the answer turns on where the highway district draws the triangle. The figure is 36 inches, for fence, wall or planting height allowed in the clear vision triangle.
- Retaining walls
- Boise leaves retaining walls to the 2018 International Residential Code, adopted by the Idaho building code board. It reaches one and two family homes only.
- Materials
- Electric fences are prohibited in Boise, and the answer turns on the material, the district and what the fence is for.
- Livestock
- Idaho is an open range state.
Who owns the fence between two properties in Boise?
Compare fences on the property line across all 50 states
Boise answers this in its own law. The words that do it are quoted below.
Boise states no setback for a fence and states instead who owns the ground it stands on. The property owner installing the fence has to locate it entirely on their own property, or within an easement, unless agreements are made with the abutting property owners. That is the boundary question answered from the title side rather than the zoning side, and it makes a shared fence on the line a matter of agreement between neighbors rather than something the code permits by itself. A fence erected upon and within a public right-of-way also needs approval from the Ada County Highway District. The other placement rules are about separation: multiple fences, railings or privacy screens within setbacks have to be at least five feet apart to count as separate, and so do retaining walls.
The property owner installing the fence shall locate the fence entirely on their property or within an easement unless agreements are made with the abutting property owners.
0 ftsetback stated from a property line for a fence
Also on fences on the property line in Boise
- set in state lawWhen two Idaho neighbors share one enclosure and one of them needs a partition fence, the other has to build half of it once told in writing. The fence goes on the property line or as near it as practical. If the notified party does not finish that half within six months of the notice, the party who gave notice may build the whole fence, collect half the cost by law, and hold a lien on the other tract. A lien is a claim against the land that stays until the money is paid. Idaho Code 35-103Idaho · Statute
- set in state lawIdaho splits a line fence by a plain rule. Standing on his own land and facing the neighbor, each owner takes the half on his left, builds it and keeps it in repair. The two may agree to a different split. An owner who leaves his land unfenced is not held to the duty. A party who makes the fence stronger on his own pays that extra cost alone, unless the neighbor later pastures hogs, sheep or goats against it. Idaho Code 35-104Idaho · Statute
- set in state lawNeighbors who cannot agree on the split go to court. Either party may ask a magistrate judge, on five days notice, to appoint three viewers. The viewers may question witnesses under oath and look at the property, then set the split in writing. That written decision is filed with the county recorder and binds both sides. Idaho Code 35-106Idaho · Statute
How tall can a fence be in Boise?
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Boise answers this, but the answer changes depending on where on the lot the fence stands and how open it is.
In the residential and mixed-use districts, a solid fence in the front yard setback is held to thirty six inches and an open-vision fence to forty eight, and the code defines open-vision rather than leaving it to argument: a slatted fence counts where the gap is at least fifty percent of the slat width. Between the front setback and the front of the building the limit is forty eight inches, and the Planning Director may approve more to screen windows from headlights or other disruptive lighting from the street, which is an unusually specific reason to allow a taller fence. Along the rear and side property lines a fence may reach seventy two inches, and the Director may go higher where that is necessary for public safety and security related to a specific use. One ornamental gate or entryway in a front or street side setback may exceed all of this, up to eight feet high by six feet wide, provided it is clear of the vision triangle.
Solid fences to a height of 36 inches or open-vision fences to height of 48 inches may be built within the front yard setback. Open-vision may include slatted fences where the gap width is at least 50 percent of the slat width.
The answer turns on where on the lot the fence stands and how open it is.
- a solid fence in the front setback
- Thirty six inches. 36 in
- an open-vision fence there
- Forty eight inches. 48 in
- the side and rear lines
- Seventy two inches. 72 in
- one ornamental gate
- Eight feet by six, clear of the triangle. 8 ft
Also on fence height in Boise
- no rule, documents checkedIdaho sets no statewide limit on how tall a fence at a house can be. The heights that do appear in state law are floors for a lawful fence in livestock country, not caps on a yard fence. Section 35-101 sets a floor of four and one half feet, and section 35-102 gives board, rail and wire heights for each kind of fence. A limit on a yard fence comes from city and county zoning. Idaho Code 35-101Idaho · Statute
Do I need a permit for a fence in Boise?
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Boise answers this, but the answer changes depending on the district, the material and where the fence stands.
The zoning section names no general fence permit and creates four approvals that attach to particular situations. In a historic district, a fence of any material other than wood or wrought iron takes a Certificate of Appropriateness. In the mixed-use districts, a concrete or masonry wall of any height, and any fence over seven feet, has to be approved by the Building Department. A fence erected upon and within a public right-of-way takes approval from the Ada County Highway District as well as the city. And the Planning Director may authorize extra height on the side and rear lines, or in front of the building to screen windows from headlights, in both cases as a determination rather than an application. In the hillside overlay, multiple retaining walls exceeding the setback height go through a Category 2 Hillside Development Permit.
In Mixed-Use zoning districts, concrete and masonry walls of any height and fences over seven feet tall shall be approved by the Building Department.
The answer turns on the district, the material and where the fence stands.
- a historic district
- A Certificate of Appropriateness.
- a masonry wall in a mixed-use district
- The Building Department.
- a fence in the right-of-way
- The highway district too.
- extra height
- The Planning Director decides.
Also on permits in Boise
- set in state lawIdaho runs a real statewide residential code. Section 39-4109 makes the version of the International Residential Code picked by the Idaho building code board, plus that board's own changes, the Idaho residential code. The board moves to a newer version through negotiated rulemaking, and the version already picked stays in force until it does. Idaho Code 39-4109Idaho · Building code
- set in state lawIdaho keeps farm buildings outside the building code. Barns, livestock shelters, poultry buildings, greenhouses, grain silos, stables and like storage buildings are exempt. Places people live in, plants where farm products get processed, and buildings open to public use are not. A county may still issue a farm building permit, but only to check road setbacks and utility easements, and only at what it actually costs. Idaho Code 39-4116Idaho · Building code
Pool fence requirements in Boise
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Idaho answers this, but the answer changes depending on the surface area of the pool.
Idaho sets the pool barrier height by the size of the pool, which almost no other state does. A public pool under one thousand eight hundred square feet needs a four foot barrier around it. A public pool that size or bigger needs eight feet, the tallest figure in this record. Both rules reach public pools only, so a pool behind a house is outside them and falls to the local building code instead.
This one is Idaho law, not Boise law. All Idaho findings
A fence or barrier a minimum of eight (8) feet high to exclude unauthorized persons from the pool area must enclose each public pool with one thousand eight hundred (1,800) square feet of surface area, or greater.
The answer turns on the surface area of the pool.
- a public pool with less than 1,800 square feet of surface area
- The barrier around it stands at least four feet high and keeps people out of the pool area. 4 ft
- a public pool with 1,800 square feet of surface area or more
- The barrier doubles to at least eight feet, the tallest pool barrier figure in this record. 8 ft
Spite fence laws in Boise
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Boise law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Idaho has no spite fence law. The fences chapter runs from section 35-101 through 35-112 and covers lawful fence specs, partition fences, cost splits, viewers, surveys and gates, with nothing about spite and no height that sets anything off. The general nuisance chapter defines public and private nuisance without naming fences at all.
This one is Idaho law, not Boise law. All Idaho findings
Documents read before writing that:
- Idaho Code tit. 35, ch. 1Idaho State Legislature
- Idaho Code tit. 52, ch. 1Idaho State Legislature
- Idaho Code 52-101Idaho State Legislature
How fence height is measured in Boise
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Boise answers this, but the answer changes depending on how far apart the structures stand.
Boise closes the loophole that lets somebody build two short fences instead of one tall one. Multiple fences, railings or privacy screens within setbacks have to be separated by at least five feet to be considered separate, and retaining walls have the same five foot rule, with a figure in the code showing the distance. Below that separation they are read as a single structure against a single height limit. Retaining walls inside setbacks carry their own figures, thirty six inches in a front setback or a clear vision triangle and seventy two inches in any other setback. In the hillside overlay, multiple walls whose combined height exceeds what the setback allows may be approved only on five findings, including that the Planning Director and the City Engineer have jointly determined the height, location and grading are the minimum necessary.
Multiple fences, railings, and/ or privacy screens within setbacks shall be separated by a minimum distance of five feet in order to be considered separate
The answer turns on how far apart the structures stand.
- two fences in a setback
- Five feet apart, or they count as one. 5 ft
- a retaining wall in a front setback
- Thirty six inches. 36 in
- one in any other setback
- Seventy two inches. 72 in
- the hillside overlay
- Two officers have to agree.
Also on how height is measured in Boise
- set in state lawIdaho names the ground in its lawful fence section. A lawful fence has to be at least four and one half feet high, and the bottom board, rail, pole or wire has to sit no more than twenty inches above the ground. The bottom of the fence is tied to the ground in plain words. The four and one half feet is still a bare number, so a fence running down a slope is left open. That section is about keeping stock in. A yard fence is sized under the Local Land Use Planning Act, where section 67-6511 lets the local governing board set height rules district by district. Idaho Code 35-101Idaho · Statute
Fence rules for corner lots in Boise
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Boise answers this, but the answer changes depending on where the highway district draws the triangle.
Boise states the height and hands the shape to somebody else. Fences, walls or plantings on or within the clear vision triangle are limited to thirty six inches, and a retaining wall in a front setback or a clear vision triangle is held to the same thirty six inches. The triangle itself is not drawn in the code: landscaping may not block the clear vision triangle at street intersections as determined by the Ada County Highway District, which runs the streets in and around Boise. The triangle has to be kept free of visual barriers including vegetation, walls, signs, vehicles, solid fences and other sight obstructions over three feet, with one carve out for deciduous trees pruned at least eight feet above the sidewalk and fourteen feet above the roadway. The ornamental gate allowance is expressly unavailable inside the triangle.
Fences, walls, or plantings on or within the clear vision triangle shall be limited to 36 inches in height.
The answer turns on where the highway district draws the triangle.
- a fence in the triangle
- Thirty six inches. 36 in
- the size of the triangle
- The Ada County Highway District decides.
- a pruned deciduous tree
- Eight feet over the walk, fourteen over the road. 14 ft
- an ornamental gate
- Not in the triangle.
Also on corner visibility in Boise
- set in state lawIdaho names fences by name, but only where they cross onto the road. Title 40, chapter 23 lets a county or highway district order the removal of anything pushing onto a highway or public right of way, and it lists gates, fences and buildings as examples. If the thing actually blocks the road or makes it unsafe, the district may take it out with no notice at all. Nothing in the chapter measures a wedge at an intersection or caps a fence height near a corner, so the triangle itself comes from city and county ordinances under Title 67, chapter 65. Idaho Code 40-2319Idaho · Traffic code
Retaining wall rules in Boise
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Boise does not set this. It leaves it to the 2018 International Residential Code, adopted by the Idaho building code board.
Idaho prints no retaining wall rule in its own text. The state building code rules adopt Parts I, II, III and IX of the 2018 International Residential Code for one and two family homes, then list every change Idaho makes to it. Those changes reach the pool depth line and add flag poles to the list of work that needs no permit. They leave the model code's retaining wall line alone, so the answer for a wall that holds back earth is whatever the model code says.
This one is Idaho law, not Boise law. All Idaho findings
International Residential Code, 2018 Edition. Parts I, II, III, and IX of the 2018 Edition for one (1)- and two (2)- family dwellings, with the following amendments:
The code hands this to the 2018 International Residential Code, adopted by the Idaho building code board, which is not published in the code itself.
Fence materials allowed in Boise
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Boise answers this, but the answer changes depending on the material, the district and what the fence is for.
Electric fences are prohibited in Boise. Barbed wire is permitted only in the I-1 and I-2 industrial districts, unless the Planning Director determines it is necessary for public safety and security related to a specific use, and even then only as the top section of a security fence and sitting at least seventy two inches above grade, so the wire is out of reach rather than at hand. Boxes, sheet metal scraps, old or decayed wood, broken masonry blocks and other unsightly materials are prohibited outright. Chain link is allowed as a fence but does not qualify as a screening material, so it cannot be used where the code requires something screened. In a historic district a fence of anything other than wood or wrought iron takes a Certificate of Appropriateness. Walls, lattices and screens all count as fences for the purposes of the section.
Barbed wire is permitted only in the I-1 and I-2 zoning districts unless the Planning Director determines that it is necessary for public safety and security related to a specific use, and only as the top section of a security fence. Barbed wire shall be located at least 72 inches above grade.
The answer turns on the material, the district and what the fence is for.
- an electric fence
- Prohibited.
- barbed wire
- Industrial districts, and six feet up.
- chain link
- A fence, but not a screen.
- a historic district
- Wood or wrought iron, or a certificate.
Also on materials in Boise
- set in state lawIdaho gives barbed wire its own chapter inside the fence title, and what it controls is loose wire rather than whether a fence may use it. Leaving barbed wire down or strewn on the ground where livestock can be hurt on it is against the law. Idaho Code 35-301Idaho · Statute
Livestock and boundary fence law in Boise
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Idaho answers this in its own law. The words that do it are quoted below.
Idaho is an open range state. A person who owns or controls a farm animal grazing on open range has no duty to keep it off a highway crossing that range, and does not pay when a vehicle hits it. Open range means unfenced land outside cities, villages and herd districts where livestock graze by custom, license, lease or permit. So keeping livestock out falls to the neighboring land rather than to the stock owner.
This one is Idaho law, not Boise law. All Idaho findings
No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person riding therein, caused by a collision between the vehicle and the animal.
Also on agricultural fencing in Boise
- set in state lawIdaho defines the lawful fence that the open range and herd district rules lean on. It has to stand at least four and one half feet high. The bottom board, rail, pole or wire sits no more than twenty inches off the ground, and the space between top and bottom has to be well divided. Idaho Code 35-101Idaho · Statute
- set in state lawIdaho spells out the wire version of a lawful fence. Posts stand no more than twenty four feet apart, with three solid stays spaced evenly between them. The fence takes at least three barbed wires, or four coiled spring wires of number nine gauge or heavier, fastened to every post and stay. Idaho Code 35-102Idaho · Statute
- set in state lawA majority of the property owners in an area can petition the county commissioners for a herd district, which bars the named livestock from running loose inside it. Everything outside those districts, and outside cities and villages, stays open range. Taxable property owners inside a herd district pay to build and keep up the legal fences and cattle guards along the border with open range. Idaho Code 25-2402(3)Idaho · Statute
Documents behind this page
17 documents, of which 1 was published by Boise itself. Each was read on the date shown.
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Section 35-103, Erection of partition fences
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Section 35-104, Care of fences by adjoining owners
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Section 35-106, Disagreement between owners, viewers
- City of BoiseBoise City Code, Title 11, Zoning, Section 11-04-09, Landscaping, Fencing, Walls, and Screening
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Section 35-101, Lawful fences in general
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Section 35-102, Lawful fences described
- Idaho State LegislatureIdaho Statutes, Title 39, Chapter 41, Section 39-4109, Application of codes
- Idaho State LegislatureIdaho Statutes, Title 39, Chapter 41, Section 39-4116
- Idaho Office of the Administrative Rules CoordinatorIDAPA 16.02.14, Construction and Operation of Public Swimming Pools, Section 300, Fence and Barriers
- Idaho State LegislatureIdaho Statutes, Title 35, Chapter 1, Fences, full section list
- Idaho State LegislatureIdaho Statutes, Title 52, Chapter 1, Nuisances in General, full section list
- Idaho State LegislatureIdaho Statutes, Title 52, Chapter 1, Section 52-101, Nuisance defined
- Idaho State LegislatureIdaho Statutes, Title 40, Chapter 23, Section 40-2319, Encroachments, removal, notice, penalty for failure to remove, removal by county or highway district, abatement
- Idaho Division of Occupational and Professional Licenses, Idaho Building Code BoardIdaho Administrative Code, IDAPA 24.39.30, Rules of Building Safety (Building Code Rules)
- Idaho LegislatureIdaho Statutes, Title 35, Chapter 3, Barbed Wire
- Idaho State LegislatureIdaho Statutes, Title 25, Chapter 21, Section 25-2118, Animals on open range, no duty to keep from highway
- Idaho State LegislatureIdaho Statutes, Title 25, Chapter 24, Section 25-2402, Petition and requirements for district
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 Boise publishes, plus the Idaho rules that apply where the city sets none. Fence laws in Idaho 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