Fence laws in Muncie, Indiana
What the Muncie municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Muncie sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Muncie, Indiana, question by question
The short version
- Who pays on the line
- Muncie classifies a fence as an incidental structure rather than an accessory one, listing it alongside walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, uncovered patios, outdoor fireplaces, dog houses, tree houses, playground apparatus, waterfalls and permanent landscaping, and the answer turns on whether the thing is classed as incidental or accessory. The figure is 3 feet, for setback for an accessory building.
- How tall
- Muncie allows a fence, screen or wall of up to eight feet, or a hedge kept to the same eight feet, in any side or rear yard in any zone, and the answer turns on whether the fence is past the front wall of the house. The figure is 8 feet, for fence behind the front wall of the house.
- Permits
- A swimming pool in a Muncie residence zone is allowed only as an accessory to a dwelling, for the private use of the owners, occupants, families and guests, or as an accessory to a nursery school or day camp, and only on three conditions, and the answer turns on whether anyone is present at the pool. The figure is 5 feet, for shortest pool enclosure fence.
- Pool barriers
- Indiana puts this on the store, not on the pool owner, which no other state in this record does. The figure is 48 inches, for wall height at which an above ground pool must be sold with a removable or locking ladder. It reaches the store selling an above ground pool for a home, not the owner of a pool already put up only.
- Spite fences
- Indiana has a spite fence law with a chapter to itself. The figure is 6 feet, for height above which a maliciously built fence is considered a nuisance.
- Measured from what
- Muncie leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- On a corner lot in any residential zone, nothing may be erected, placed, planted or allowed to grow so as to impede vision between three feet and ten feet above the center line grades of the intersecting streets, inside the area bounded by the two right-of-way lines and a line joining points fifty feet from where those lines meet, and the answer turns on whether the lot is a corner lot in a residential zone. The figure is 50 feet, for leg of the corner visibility area.
- Retaining walls
- Muncie leaves retaining walls to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference. It reaches one and two family homes only.
- Materials
- Indiana describes a lawful fence on the line by type instead of banning any material. It reaches fences on the line between two owners only.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Muncie?
Compare fences on the property line across all 50 states
Muncie answers this, but the answer changes depending on whether the thing is classed as incidental or accessory.
Muncie classifies a fence as an incidental structure rather than an accessory one, listing it alongside walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, uncovered patios, outdoor fireplaces, dog houses, tree houses, playground apparatus, waterfalls and permanent landscaping. That classification matters because the accessory structure rules, including the requirement not to sit closer to a lot line than the minimum setback and the three foot separation for an accessory building in a rear yard, are written for accessory structures and so do not reach a fence. The fence section itself sets no distance from the boundary, asks for no consent from the adjoining owner, says nothing about which side the posts face and does not allocate cost. The only line it constrains is the front wall of the house.
Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, dog houses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.
The answer turns on whether the thing is classed as incidental or accessory.
- a fence or wall
- Incidental, so the accessory setbacks do not apply.
- an accessory building in a rear yard
- Three feet from the side and rear lines. 3 ft
- consent, orientation and cost
- The section says nothing about any of them.
Also on fences on the property line in Muncie
- set in state lawIndiana splits a fence on the line by length, not in half. Each owner pays for the stretch of fence that runs along their own part of the line, and that holds whether the owner owns the land outright or holds it for life. Since 2003 the rule reaches only fences where at least one of the two properties is farm land. An owner who will not pay gets twenty days notice, and after that the township trustee can build it and charge for it. IC 32-26-9-3Indiana · Statute
How tall can a fence be in Muncie?
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Muncie answers this, but the answer changes depending on whether the fence is past the front wall of the house.
Muncie allows a fence, screen or wall of up to eight feet, or a hedge kept to the same eight feet, in any side or rear yard in any zone. Eight feet is two feet more than most cities allow and the allowance is not limited to a particular district. The condition is where it stops rather than how tall it is: it may not extend beyond the front wall of the building, or where there is no building, beyond the average setback of the buildings on the adjacent lots. Anything extending past the front wall drops to forty-two inches, and that lower figure covers fences, screens, walls, shrubs and trees alike. Trees, shrubs, flowers and plants escape it only while they do not produce a hedge effect. An open mesh fence enclosing a farm, school or playground is outside the section, and the two industrial zones and the airport development zone are expressly exempt.
A fence, screen, or wall not more than eight feet in height, or a hedge of thick growth of shrubs or trees maintained so as not to exceed eight feet in height may be located in any side or rear yard in any zone, provided they shall not extend beyond the front wall of the building or, in the absence of a building, beyond the average setback of the buildings on the adjacent lots.
The answer turns on whether the fence is past the front wall of the house.
- a side or rear yard behind the front wall
- Eight feet, in any zone. 8 ft
- past the front wall
- Forty-two inches. 42 in
- a farm, school or playground
- Open mesh, outside the section.
- no building on the lot
- The average setback of the neighbors sets the line.
Also on fence height in Muncie
- no rule, documents checkedIndiana sets no limit on how tall a fence at a house can be. The six foot figure in state law is what turns a spite fence into a nuisance case, not a cap on height. The fences article covers fencing groups, fences on the line and spite fences, and the statewide building code does not reach fences at all. Height comes from local zoning. IC 32-26Indiana · Statute
Do I need a permit for a fence in Muncie?
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Muncie answers this, but the answer changes depending on whether anyone is present at the pool.
A swimming pool in a Muncie residence zone is allowed only as an accessory to a dwelling, for the private use of the owners, occupants, families and guests, or as an accessory to a nursery school or day camp, and only on three conditions. The pool has to be in the rear yard. A good quality fence of at least five feet has to be erected and maintained, enclosing the entire portion of the premises the pool is on and entirely surrounding the area the pool is in. And every gate or opening in that fence, other than an opening through the dwelling or other main building, has to be kept securely closed and locked whenever the owner or occupant is not present at the pool. That last condition is written about presence rather than use, which is a stricter test than the common one about the pool not being in use.
There shall be erected and maintained at minimum a good quality fence not less than five feet in height enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located.
The answer turns on whether anyone is present at the pool.
- any residential pool
- A five foot fence round the whole area. 5 ft
- a gate in it
- Closed and locked whenever nobody is at the pool.
- the pool itself
- Rear yard only.
Also on permits in Muncie
- set in state lawIndiana has one building and fire safety code for the whole state, written by the Fire Prevention and Building Safety Commission. The commission made the 2018 International Residential Code the Indiana Residential Code. Indiana cut out the part of that model code listing work that needs no permit and put a section on additions and repairs there instead, so the familiar fence exemption is not part of Indiana law. A fence permit is a city or county matter. IC 22-13-2-2Indiana · Statute
Pool fence requirements in Muncie
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana puts this on the store, not on the pool owner, which no other state in this record does. A store selling an above ground pool with walls at least forty eight inches high has to sell it with a ladder or steps that either come off or lock. The pool wall is the barrier and the ladder is the gate. The rule covers the sale, so it says nothing about a pool already standing in a yard, and nothing else in Indiana law sets a fence height around one.
This one is Indiana law, not Muncie law. All Indiana findings
A pool retailer who sells an above ground swimming pool that has walls that are at least forty-eight (48) inches high shall ensure that the above ground swimming pool is sold with an access ladder or steps that may be: (1) removed; or (2) secured and locked; when the above ground swimming pool is not in use.
48 inwall height at which an above ground pool must be sold with a removable or locking ladder
Spite fence laws in Muncie
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana has a spite fence law with a chapter to itself. A fence, or anything built like one, that goes over six feet for no reason and was put up or kept up to annoy a neighbor counts as a nuisance. The neighbor can sue for money, ask a court to have it taken down, and use the other remedies a court has for a nuisance.
This one is Indiana law, not Muncie law. All Indiana findings
A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously: (1) erected; or (2) maintained; for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
6 ftheight above which a maliciously built fence is considered a nuisance
How fence height is measured in Muncie
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Muncie does not set this. It leaves it to the local legislative body that adopts the zoning ordinance.
Indiana never says where a fence height starts. The zoning law lets the local council set the place, height, area and size of a structure, and leaves the details to that council. State law does print fence heights: four feet for a picket fence on the line, four and a half feet for a straight rail fence, five feet for a worm rail fence, and anything over six feet for a spite fence. Not one of them says whether those feet are read from bare dirt or from a finished yard.
This one is Indiana law, not Muncie law. All Indiana findings
requirements for structures, such as location, height, area, bulk, and floor space;
The code hands this to the local legislative body that adopts the zoning ordinance, which is not published in the code itself.
Fence rules for corner lots in Muncie
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Muncie answers this, but the answer changes depending on whether the lot is a corner lot in a residential zone.
On a corner lot in any residential zone, nothing may be erected, placed, planted or allowed to grow so as to impede vision between three feet and ten feet above the center line grades of the intersecting streets, inside the area bounded by the two right-of-way lines and a line joining points fifty feet from where those lines meet. Fifty feet is the largest corner triangle in this set by a wide margin. Two things are worth noting about how it is written. The band starts at three feet and ends at ten, so a canopy tree trimmed above ten feet is not caught while a hedge is. And the grade is taken from the center lines of the streets rather than from the lot, so a raised corner loses height before anything is built. Commercial developments are sent to a separate section.
On a corner lot in any residential zone, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of three feet and ten feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such intersecting streets and a line adjoining points along said intersecting right-of-way lines 50 feet from the point of intersection of said right-of-way lines.
The answer turns on whether the lot is a corner lot in a residential zone.
- the size of the area
- Fifty feet along each right-of-way line. 50 ft
- the protected band
- Between three and ten feet above the street center lines. 3 ft
- a commercial development
- Section 150.214.5 applies instead.
Also on corner visibility in Muncie
- set in state lawIndiana really does set a corner visibility rule in state law, and it sits in the property title rather than a zoning one. A hedge or live fence along a highway has to be cut to five feet once a year. Where one meets a highway crossing, a bend where the view may be blocked, or railroad land, it has to be held at five feet all year. That reaches one hundred feet from the crossing, or fifty feet for other growth. The chapter skips crossings inside a city or town, skips a solid building on a corner, and for hedges reaches only where a state highway crosses another state, county or township road. IC 32-26-4-1Indiana · Statute
Retaining wall rules in Muncie
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Muncie does not set this. It leaves it to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference.
Indiana law prints no rule about a wall that holds back dirt. It tells the Fire Prevention and Building Safety Commission to write one building and fire safety code for the whole state instead, and the commission did. The 2020 Indiana Residential Code adopts the 2018 International Residential Code, so the rules for such a wall come from that model code.
This one is Indiana law, not Muncie law. All Indiana findings
Except as provided in section 3.5 of this chapter, the commission shall adopt rules under IC 4-22-2 to adopt a statewide code of fire safety laws and building laws.
The code hands this to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference, which is not published in the code itself.
Fence materials allowed in Muncie
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana describes a lawful fence on the line by type instead of banning any material. It has to be tight and strong enough to hold cattle, hogs, horses, mules and sheep. The list that follows is board and wire, plain wire, board, picket, rail and worm rail fences, each at its own height.
This one is Indiana law, not Muncie law. All Indiana findings
A lawful partition fence is any one (1) of the following that is sufficiently tight and strong to hold cattle, hogs, horses, mules, and sheep:
Livestock and boundary fence law in Muncie
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana puts no number on a lawful fence at all. No height, no wire count, no post spacing. The statute says a lawful fence is whatever farmers normally use to close in land, and it names a cattle guard, a hedge and a ditch as examples. It also counts anything else that people who know fences will testify is enough. With no number written down, a court decides it case by case.
This one is Indiana law, not Muncie law. All Indiana findings
As used in this chapter, "lawful fence" means any structure typically used by husbandmen for the enclosure of property.
Also on agricultural fencing in Muncie
- depends, see the pageIndiana lets each county flip the rule township by township. Where the county commissioners have passed an order letting animals roam loose in unfenced public areas, the landowner has to have had a lawful fence to collect for damage. Where there is no such order, the landowner collects without proving any fence. Section 32-26-2-14 cuts the other way: if a court finds the broken fence was not a lawful fence, the animal goes back to its owner and the landowner pays that owner costs and damages. IC 32-26-2-2Indiana · Statute
Documents behind this page
6 documents, of which 1 was published by Muncie itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of MuncieMuncie Code of Ordinances, Chapter 150, Zoning Code, Section 150.21, Fences; walls; hedges
- Indiana General AssemblyIndiana Code, Title 22, Article 13, Chapter 2, Section 2
- Indiana General AssemblyIndiana Code, Title 22, Article 12, Chapter 10, Above Ground Swimming Pools at Class 2 Structures
- Indiana General AssemblyIndiana Code, Title 36, Article 7, Chapter 4, Section 601, Zoning ordinance; powers and duties of legislative body
- Indiana General AssemblyIndiana Code 2025, Title 32, Article 26, Chapter 9, Partition Fences
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 Muncie publishes, plus the Indiana rules that apply where the city sets none. Fence laws in Indiana 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