Fence laws in Manhattan, Kansas
What the Manhattan municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Manhattan sets no rule of its own, the Kansas rule is shown in its place and marked as such.
Fence laws in Manhattan, Kansas, question by question
The short version
- Who pays on the line
- A fence may be built up to the front and street-side lot lines provided it does not reach into the right-of-way, and up to the property line at the interior side and the rear, so no setback applies anywhere. The figure is 0 feet, for setback stated from a property line.
- How tall
- A fence or wall in Manhattan may be no higher than three feet in the front yard and in the area between the street and the front facade of the building, which is one of the lowest front yard limits in this project, and the answer turns on whether the fence stands in front of the facade and whether the lot is a corner lot. The figure is 3 feet, for fence or wall in the front yard or between the street and the front facade.
- Permits
- No permit is required for a fence of seven feet or less, which is a higher threshold than most cities use and means an ordinary residential fence never touches the counter, and the answer turns on the height of the fence or wall and whether the wall carries a load.
- Pool barriers
- Kansas sets a pool fence height in its child care licensing rules, not in a building code. The figure is 5 feet, for minimum pool fence height on licensed child care premises.
- Spite fences
- Manhattan has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Manhattan names a datum that almost nobody else uses.
- Corner lots
- The clear-vision triangle is given a purpose sentence before a rule, and the purpose names bicyclists and pedestrians alongside drivers and says the sight line has to work in both directions, and the answer turns on what kind of ways meet at the corner. The figure is 15 feet, for leg of the clear-vision triangle where two streets intersect.
- Retaining walls
- Manhattan leaves retaining walls to the city or county that adopts a building code by reference. It reaches cities and counties that adopt a building code only.
- Materials
- Manhattan writes only the prohibited list and it is long: scrap lumber, plywood, sheet metal, plastic, fiberglass sheets, barbed wire, spikes, nails, sharp points or instruments on the top or the sides of a fence, welded wire, agricultural fencing and chicken wire, and the answer turns on the material and the district.
- Livestock
- Kansas puts the duty on the animal owner.
Who owns the fence between two properties in Manhattan?
Compare fences on the property line across all 50 states
Manhattan answers this in its own law. The words that do it are quoted below.
A fence may be built up to the front and street-side lot lines provided it does not reach into the right-of-way, and up to the property line at the interior side and the rear, so no setback applies anywhere. A double frontage lot backing onto an arterial or collector street gets a specific allowance of three feet from that side. What the section then adds is the sentence that matters when a neighbor measures: no fence or wall will be built beyond surveyed lot lines. The city handout makes the same point in plainer words, warning that the curb of the street is not the front property line and pointing people at the county plats or a private surveyor. Two more restrictions: no fence in a utility easement or right-of-way except as Public Works allows, with removal at the owner’s expense, and none obstructing a natural drainage course or drainageway.
No fence or wall will be built beyond surveyed lot lines. No fence or wall will be built within utility easements or rights-of-way except as allowed by Public Works.
0 ftsetback stated from a property line
Also on fences on the property line in Manhattan
- set in state lawKansas splits a shared boundary fence between the two neighbors. Each side keeps up an equal share of the fence while both are using their land. The two sides can agree to a different split if they want one. K.S.A. 29-301Kansas · Statute
- set in state lawKansas uses officials called fence viewers to settle boundary fence fights. The county commissioners are the fence viewers for every township in the county. They may name other people to act for them, but the board still has to approve what those people recommend. K.S.A. 29-201Kansas · Statute
- set in state lawWhen one neighbor lets their half of a shared fence fall apart, the other neighbor can bring it to the fence viewers. The fence viewers give notice to both sides and then look at the fence. If they find it is not good enough, they put it in writing and set a deadline for the repair. K.S.A. 29-302Kansas · Statute
- set in state lawIf the deadline passes and nothing happens, the neighbor who complained can do the work. The fence viewers then price the job and certify the amount. That amount can be billed to the owner whose share was bad, and a court can order it paid with interest if a month goes by after a written demand. K.S.A. 29-303Kansas · Statute
- set in state lawWhen neighbors cannot agree on who owns which part of a shared fence, either one can ask the fence viewers to divide it. The fence viewers give notice, look at the fence, and put each equal share in writing. That written split gets recorded with the register of deeds and binds later owners of both properties. K.S.A. 29-304Kansas · Statute
How tall can a fence be in Manhattan?
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Manhattan answers this, but the answer changes depending on whether the fence stands in front of the facade and whether the lot is a corner lot.
A fence or wall in Manhattan may be no higher than three feet in the front yard and in the area between the street and the front facade of the building, which is one of the lowest front yard limits in this project. On a corner lot the same three feet applies in a band along the street side, covering the area within two feet of the street-side lot line and an additional setback of ten feet past the front setback line, with the code supplying a figure showing the shape. Behind the front facade the section states no maximum at all: the interior side and rear rule says only that a fence may be built up to the property line. The practical ceiling therefore comes from the permit counter rather than the zoning text, since the city does not require a permit for a fence of seven feet or less. The screening and buffering standards in Division 26-7C can require something different.
The fence or wall may be no higher than three feet within the front yard and in the area between the street and the front facade of a building, except as required by the screening/buffering standards in Division 26-7C.
The answer turns on whether the fence stands in front of the facade and whether the lot is a corner lot.
- in front of the facade
- Three feet. 3 ft
- the corner band
- Three feet, two feet in and ten past the setback. 10 ft
- behind the facade
- No maximum stated.
- the permit threshold
- Seven feet. 7 ft
Also on fence height in Manhattan
- no rule, documents checkedKansas sets no limit on how tall a fence at a house can be. The state fence chapter gives only minimums, such as the four feet for a farm fence, and never a maximum. Height on a house lot is set by city or county rule. K.S.A. Chapter 29Kansas · Statute
Do I need a permit for a fence in Manhattan?
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Manhattan answers this, but the answer changes depending on the height of the fence or wall and whether the wall carries a load.
No permit is required for a fence of seven feet or less, which is a higher threshold than most cities use and means an ordinary residential fence never touches the counter. A retaining wall is exempt too where it is under seven feet, measured from the grade on the low end to the top of the wall, unless it is supporting a surcharge, meaning an additional load such as a driveway or a building above it. The city recommends reviewing a proposed site plan with the Risk Reduction office before installing a fence and pointing out where the property lines and easements are first. Retaining walls in the code get their own route: one may be approved to encroach into a required setback where it is an appropriate engineering solution to mitigate risk to life and property, where it is necessary to retain soils and stabilize the site, or where it forms part of an approved erosion control, slope stability or stormwater management plan.
It is also not required for a retaining wall that is under 7 feet in height measured from the grade on the low end to the top of the wall, unless supporting a surcharge.
Residential and Commercial Fences
The answer turns on the height of the fence or wall and whether the wall carries a load.
- a fence seven feet or under
- No permit.
- a retaining wall under seven feet
- No permit, unless it carries a load.
- a wall in a required setback
- Approved on engineering grounds.
- a dilapidated fence
- Repaired or removed.
Also on permits in Manhattan
- no rule, documents checkedKansas has no statewide fence permit rule for a house. The state fence chapter has no permit section anywhere in it. The one statewide building rule is the fire prevention code written by the state fire marshal, and that code leaves out buildings used only as homes for one or two families. A fence permit is a city or county matter. K.S.A. Chapter 29Kansas · Statute
Pool fence requirements in Manhattan
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Kansas answers this in its own law. The words that do it are quoted below.
Kansas sets a pool fence height in its child care licensing rules, not in a building code. At a licensed child care place an inground pool needs a fence five feet tall, with gaps no wider than 3.5 inches. A building wall can be one side of it, if that wall has no door or window opening onto the pool.
This one is Kansas law, not Manhattan law. All Kansas findings
Each inground pool shall be enclosed by a fence at least five feet high, with openings no greater than 3.5 inches, and constructed and maintained in good repair to discourage children and unwanted visitors from accessing the pool area.
5 ftminimum pool fence height on licensed child care premises
Also on pool barriers in Manhattan
- set in state lawThe same Kansas rule covers the gate. A pool gate has to be five feet tall like the fence, close itself, lock itself, and be kept shut and locked. A later part of the rule says an alarm or a sensor cannot take the place of the fence. K.A.R. 28-4-129(b)(2)Kansas · Agency guidance
Spite fence laws in Manhattan
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Manhattan law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Kansas has no spite fence law. Chapter 29 is the fence chapter, and it covers enclosures, fence viewers, fences on the line, and damage done by animals. Nothing in it limits a fence built to bother a neighbor, and the trespass section deals only with farm animals. A fence built out of spite is handled in court under general nuisance law.
This one is Kansas law, not Manhattan law. All Kansas findings
Documents read before writing that:
- K.S.A. Chapter 29Kansas Office of Revisor of Statutes
- K.S.A. 29-108Kansas Office of Revisor of Statutes
- K.S.A. 29-401Kansas Office of Revisor of Statutes
How fence height is measured in Manhattan
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Manhattan answers this in its own law. The words that do it are quoted below.
Manhattan names a datum that almost nobody else uses. Fence height is measured from the top of the adjacent sidewalk where a sidewalk is present, and from ground level where it is not, so on a street with a walk the fence is judged against the pavement a pedestrian stands on rather than against the yard behind it. On a lot whose front yard has been built up, that makes the three foot front limit stricter than it looks. The code repeats the word from twice in the sentence, which is a typographical slip rather than a substantive one. The clear-vision triangle uses a third reference again, protecting the space between two and a half and ten feet above the average curb grade. The retaining wall threshold in the city handout uses a fourth: seven feet measured from the grade on the low end to the top of the wall.
Height is measured from from the top of the adjacent sidewalk, if present, otherwise from ground level.
Also on how height is measured in Manhattan
- left to the townKansas never says where a fence height is measured from. State law lets a city or county write zoning rules on the height, number of stories and size of buildings, and lists more subjects those rules can cover, none of them a way to measure. The state fence law names the ways a farm fence can be built, posts and rails, posts and planks, wire and hedge, and gives no height at all. With no state number there is nothing for the state to measure. K.S.A. 12-753(a)Kansas · Zoning code
Fence rules for corner lots in Manhattan
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Manhattan answers this, but the answer changes depending on what kind of ways meet at the corner.
The clear-vision triangle is given a purpose sentence before a rule, and the purpose names bicyclists and pedestrians alongside drivers and says the sight line has to work in both directions. No fence, screening wall, sign, billboard, structure, hedge, tree or shrub may obstruct or interfere with it, and inside it vision has to be clear between two and a half feet and ten feet above the average curb grade. The legs are measured from where two intersecting rights-of-way meet, along the edges of those rights-of-way, and their length depends on what is meeting what: fifteen feet where two streets cross, ten where an alley meets a street, five at a residential driveway, and ten at a commercial driveway or one serving more than five dwelling units. A support column is allowed if it is not over twelve inches in diameter, and utility poles and traffic control devices are left to the City Engineer.
No fence, screening wall, sign, billboard, structure, hedge, tree, or shrub may be erected, planted, or maintained in such a manner so as to obstruct or interfere with a clear-vision triangle. Within this triangle, vision must be clear at elevations between 2.5 feet and 10 feet above the average curb grade.
The answer turns on what kind of ways meet at the corner.
- two streets
- Fifteen foot legs. 15 ft
- an alley or a commercial driveway
- Ten foot legs. 10 ft
- a residential driveway
- Five foot legs. 5 ft
- a support column
- Allowed under twelve inches across. 12 in
Also on corner visibility in Manhattan
- set in state lawKansas gives this power to the county, and the law is more than a hundred years old. A board of county commissioners can cut hedge fences, trees and shrubs on a road strip within three hundred fifty feet of a railroad crossing or a sharp corner in the road, and keep them trimmed after that. Inside that same distance it can also take out signboards, billboards and board fences that block the view. It covers the road strip, and it turns on a railroad crossing or a sharp bend rather than an ordinary street corner. K.S.A. 19-2612Kansas · Statute
Retaining wall rules in Manhattan
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Manhattan does not set this. It leaves it to the city or county that adopts a building code by reference.
Kansas has no statewide building code for homes, so no state law sets a height at which a wall that holds back dirt needs a permit. State law lets a city adopt any published code as its own by naming it in an ordinance, and building codes are first on the list of what counts. A county can do the same by resolution. So the rule for such a wall comes from whichever code the city or county picked up.
This one is Kansas law, not Manhattan law. All Kansas findings
The provisions of any code may be incorporated in a city ordinance by reference, in accordance with the procedure and subject to the limitations provided by K.S.A. 12-3009 through 12-3012.
The code hands this to the city or county that adopts a building code by reference, which is not published in the code itself.
Fence materials allowed in Manhattan
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Manhattan answers this, but the answer changes depending on the material and the district.
Manhattan writes only the prohibited list and it is long: scrap lumber, plywood, sheet metal, plastic, fiberglass sheets, barbed wire, spikes, nails, sharp points or instruments on the top or the sides of a fence, welded wire, agricultural fencing and chicken wire. Barbed wire and other property-protecting fencing is then allowed back in five named districts, the ICS, IL, IG, LR and PI-2, so heavy industrial and research land may have it and nothing else may. Welded wire and chicken wire being barred is unusual, since both are common and cheap, and so is barring agricultural fencing by name in a university town surrounded by farmland. Two rules sit alongside the list: the front aspect of a fence has to face out toward any adjacent public right-of-way, and a solid waste enclosure takes an opaque fence or wall of wood or masonry designed to match or complement the building it serves.
The following materials are prohibited: scrap lumber, plywood, sheet metal, plastic, fiberglass sheets, barbed wire, spikes, nails, sharp points or instruments on top or sides of fences, welded wire, agricultural fencing, and chicken wire.
The answer turns on the material and the district.
- the prohibited list
- Eleven things, including chicken wire.
- the ICS, IL, IG, LR and PI-2 districts
- Barbed wire is allowed back.
- the front aspect
- It faces the street.
- a trash enclosure
- Wood or masonry, matching the building.
Also on materials in Manhattan
- set in state lawKansas lists the kinds of fence that will hold farm animals. The list is posts with rails, palings, planks, palisades or wire, and rails alone stacked as a worm fence. Turf with a ditch on each side counts, and so do stone and a thorn or Osage orange hedge that was already growing in 1986. K.S.A. 29-101Kansas · Statute
Livestock and boundary fence law in Manhattan
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Kansas answers this in its own law. The words that do it are quoted below.
Kansas puts the duty on the animal owner. State law makes it illegal for livestock to roam loose, so the owner has to keep stock inside a fence. The neighbor does not have to fence them out.
This one is Kansas law, not Manhattan law. All Kansas findings
It shall be unlawful for any livestock to run at large.
Also on agricultural fencing in Manhattan
- set in state lawKansas states the policy plainly: farm animals belong inside a lawful fence. The same section says an animal getting loose does not by itself make the owner liable. Who pays for the damage is decided the ordinary way, by whether somebody was careless. K.S.A. 29-108Kansas · Statute
- set in state lawKansas says what a farm fence can be built from, and leaves cats and dogs out of the rule. The list is posts with rails, palings, planks, palisades or wire, and rails alone stacked as a worm fence. Turf with a ditch on each side counts, and so do stone and a thorn or Osage orange hedge that was already growing on July 1, 1986. K.S.A. 29-101Kansas · Statute
- set in state lawA Kansas farm fence has to be at least four feet tall. The same section adds numbers for other kinds, such as four and a half feet for a rail worm fence, with the bottom board no more than two feet off the ground. Four feet is the least that will hold animals, not a cap on how tall a fence can be. K.S.A. 29-102Kansas · Statute
- set in state lawKansas spells out a barbed wire fence in detail. Three wires is the least it can have. The top wire sits 44 to 48 inches up, the bottom wire 18 to 24 inches up, and the middle wire about halfway between them. A county board can set stricter rules of its own for new fences. K.S.A. 29-105Kansas · Statute
Documents behind this page
19 documents, of which 2 were published by Manhattan itself. Each was read on the date shown.
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 2, Fence Viewers
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 3, Partition Fences
- City of ManhattanManhattan Development Code, Chapter 26, Article 26-7, Site Development, Division 26-7A, General Standards
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Fences and Enclosures, table of sections
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 31, Fire Protection
- City of Manhattan Risk Reduction OfficeCity of Manhattan, Fences and Retaining Walls, Residential and Commercial Fences
- Kansas Secretary of StateKansas Register, Volume 43, Issue 29, Kansas Department of Health and Environment Permanent Administrative Regulations
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 1, Legal Enclosures
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Article 4, Miscellaneous Provisions
- Kansas Office of Revisor of StatutesKansas Statutes Annotated, Chapter 12, Article 7, Section 12-753, Same; zoning regulations; districts; restrictions
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 19, Article 26, Section 19-2612, Removal or cutting of hedge fences, trees and shrubs; cutting weeds; removing signboards and board fences; expenses
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 12, Article 33, Adoption of Codes by Reference
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 29, Fences and Enclosures, Article 1
- Kansas Office of Revisor of StatutesKansas Statutes, Chapter 47, Article 1, Livestock Running at Large
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 Manhattan publishes, plus the Kansas rules that apply where the city sets none. Fence laws in Kansas 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