Fence laws in Twin Falls, Idaho
What the Twin Falls municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Twin Falls sets no rule of its own, the Idaho rule is shown in its place and marked as such.
Fence laws in Twin Falls, Idaho, question by question
The short version
- Who pays on the line
- The handout answers the boundary question in one sentence: fences are allowed on the property line or within the yards of the property. The figure is 0 feet, for setback a fence keeps from a property line.
- How tall
- Twin Falls runs its fence height off the permit threshold rather than off a zoning maximum, and the answer turns on whether the fence stands in a sight triangle. The figure is 7 feet, for fence height allowed without a building permit.
- Permits
- A fence seven feet or less needs no building permit in Twin Falls, and a fence over seven feet does. The figure is 7 feet, for height above which a building permit is required for a fence.
- 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
- Twin Falls has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Every horizontal measurement in Twin Falls runs from the face of the curb, or the edge of the pavement where no curb exists, rather than from a lot line, and the answer turns on whether the measurement is horizontal or vertical. The figure is 3 feet, for clear area the Fire Department requires around a hydrant.
- Corner lots
- Three shapes apply, and the answer turns on whether the fence is near a street corner, an alley or a driveway. The figure is 40 feet, for leg of the sight triangle along each street at an intersection.
- Retaining walls
- Twin Falls 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
- Idaho 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.
- Livestock
- Idaho is an open range state.
Who owns the fence between two properties in Twin Falls?
Compare fences on the property line across all 50 states
Twin Falls answers this in its own law. The words that do it are quoted below.
The handout answers the boundary question in one sentence: fences are allowed on the property line or within the yards of the property. No setback applies to a fence toward a neighbor and none applies toward the street either, since the street side rules operate as height limits inside the sight triangles rather than as distances. The one clearance the city does require belongs to the Fire Department, which asks that an area at least three feet wide around a fire hydrant on all sides be kept clear of obstructions such as fences, trees, shrubs and lawn decorations, so somebody can attach a hose. For setbacks from other utility structures the handout sends the reader to the local utility company rather than answering. A property in a flood zone is handled by the Engineering Department.
Fences are allowed on the property line or within the yards of the property.
0 ftsetback a fence keeps from a property line
Also on fences on the property line in Twin Falls
- 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 Twin Falls?
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Twin Falls answers this, but the answer changes depending on whether the fence stands in a sight triangle.
Twin Falls runs its fence height off the permit threshold rather than off a zoning maximum. Outside the sight triangles a fence may be built to seven feet without a building permit, and above seven feet a permit is required, so seven feet is the practical ceiling for anybody who does not want to file. Inside any of the sight triangles the limit drops to three feet, and there are three kinds of triangle: one at a street intersection, one at an alley, and a pair at every driveway. Because the driveway triangles reach a long way back along the curb, the three foot limit applies to a good deal of the frontage of a lot with a driveway, and the handout supplies diagrams for each case. A property in a flood zone needs a Flood Plain Development Permit from the Engineering Department even where no building permit is required.
Outside of these sight triangles the fence can be built to a height of 7 feet, without a building permit.
The answer turns on whether the fence stands in a sight triangle.
- clear of the triangles
- Seven feet without a permit. 7 ft
- inside a sight triangle
- Three feet. 3 ft
- taller than seven feet
- A building permit.
- a flood zone
- A Flood Plain Development Permit as well.
Also on fence height in Twin Falls
- 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 Twin Falls?
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Twin Falls answers this in its own law. The words that do it are quoted below.
A fence seven feet or less needs no building permit in Twin Falls, and a fence over seven feet does. Seven feet is a higher threshold than most cities use, which means an ordinary residential fence never reaches the counter. Where a permit is needed, the application has to carry four things, and the list is unusually specific about construction rather than position: a site plan showing where the fence will go, structural plans showing the type of post, the fencing material and the method of construction, details showing the depth of the post in the ground or in concrete, and the height of the fence. Permits are issued by the Building Inspection Department at the fire station. A property in a flood zone needs a Flood Plain Development Permit through the Engineering Department whether or not a building permit is required.
If the fence is to be 7 foot or less in height no building permit is required. If the fence is to be over 7 foot in height a building permit is required.
Is a building permit required for a fence?
7 ftheight above which a building permit is required for a fence
Also on permits in Twin Falls
- 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 Twin Falls
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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 Twin Falls 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 Twin Falls
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Twin Falls 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 Twin Falls 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 Twin Falls
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Twin Falls answers this, but the answer changes depending on whether the measurement is horizontal or vertical.
Every horizontal measurement in Twin Falls runs from the face of the curb, or the edge of the pavement where no curb exists, rather than from a lot line. That is true at a street intersection, at an alley and at both driveway triangles. The handout then closes the obvious gap: where there is no curb in front of a property, the location of the future curb line is obtained by calling the City Engineering Department, so a fence on an unimproved street is measured against where the curb will be rather than where the gravel ends. What the handout does not say is what the three foot and seven foot heights are measured from. No grade is named, a berm is not addressed, and a fence on a retaining wall is not addressed. The one vertical figure with a reference belongs to the hydrant clearance, which is three feet on all sides.
The 40-foot sight triangle is determined by measuring from the intersection of the face of the curb lines, or the pavement edge if no curb exists, along the face of the curb or pavement line of each street a distance of 40-feet and then drawing a line which connects the two 40-foot points.
The answer turns on whether the measurement is horizontal or vertical.
- a sight triangle
- From the face of the curb.
- a street with no curb
- From the future curb line.
- a fence height
- No datum given.
- a fire hydrant
- Three feet clear on all sides. 3 ft
Also on how height is measured in Twin Falls
- 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 Twin Falls
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Twin Falls answers this, but the answer changes depending on whether the fence is near a street corner, an alley or a driveway.
Three shapes apply. At a street intersection the triangle is forty feet, measured from where the faces of the curb lines meet, or the pavement edges where there is no curb, forty feet along each street. At an alley meeting a street it is forty feet along the curb and fifteen feet along the alley. At a driveway there are two triangles and they are deliberately different sizes: one hundred feet along the face of the curb and ten feet along the left driveway edge, and one hundred and twenty five feet along the curb and ten feet along the right driveway edge, both as viewed facing the property from the street. The longer reach on the right side is where a driver pulling out looks for traffic approaching from the driver’s left. Where no curb exists in front of a property, the future curb line is obtained from the City Engineering Department.
The triangle that is defined by measuring 100 feet along the face of the curb and 10 feet along the left driveway edge and connecting the two points on the left side of the driveway, as viewed when facing the property from the street, and;
The answer turns on whether the fence is near a street corner, an alley or a driveway.
- a street intersection
- Forty feet each way. 40 ft
- an alley
- Forty along the curb, fifteen along the alley. 15 ft
- the right side of a driveway
- A hundred and twenty five feet along the curb. 125 ft
- no curb in front
- The future curb line, from Engineering.
Also on corner visibility in Twin Falls
- 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 Twin Falls
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Twin Falls 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 Twin Falls 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 Twin Falls
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Idaho answers this in its own law. The words that do it are quoted below.
Idaho 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.
This one is Idaho law, not Twin Falls law. All Idaho findings
It shall be unlawful for any person, firm or corporation, who, having barbed wire or barbed wire fences, to allow the same to be left down or strewn around on the ground in such a manner that livestock are liable to be injured thereby
Also on materials in Twin Falls
- no rule, documents checkedThe handout names no fence material and prohibits none. Barbed wire does not appear. Razor wire does not appear. An electric fence does not appear. Wood, vinyl, masonry and chain link are not mentioned, and the only place material enters at all is the permit application, which has to show the type of post, the fencing material and the method of construction so the Building Department can judge whether what is proposed will stand up. The city code provision the handout reproduces, Section 9-9-16, is about obstruction rather than substance: no person may plant, install, create, maintain or possess on public or private property an obstruction to the vision of a driver at an intersection which constitutes a traffic hazard, which reaches an opaque fence and leaves an open one alone without naming either. Is a building permit required for a fence?Twin Falls · Agency guidance
Livestock and boundary fence law in Twin Falls
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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 Twin Falls 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 Twin Falls
- 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 Twin Falls 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 Twin Falls Building DepartmentCity of Twin Falls Building Department, Fences and Sight Obstructions
- 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 Twin Falls 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