Fence laws in Blaine, Minnesota
What the Blaine municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Blaine sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in Blaine, Minnesota, question by question
The short version
- Who pays on the line
- A fence built to enclose a lot in Blaine has to sit entirely on the property of the owner, and the code splits the fence into two parts to say how, and the answer turns on what the fence runs along or crosses.
- How tall
- In the single and two family districts Blaine holds a fence to four feet above ground level in front of the front face of the house, and six feet along an interior side lot line, and the answer turns on the yard and whether the fence stands on the line. The figure is 4 feet, for fence in front of the front face of the house.
- Permits
- No fence in Blaine may be erected or substantially altered without a permit from the building official, with no exemption for height or for a rear yard, and a fee is paid with each application, and the answer turns on whether the fence meets the stated standards. The figure is 10 feet, for ceiling on a conditional use permit fence.
- Pool barriers
- Minnesota rules say a public pool has to be closed off so children cannot get in. The figure is 5 feet, for minimum height of fencing around a public pool.
- Spite fences
- Minnesota counts a spite fence as a private nuisance.
- Measured from what
- Every height in the Blaine fence section is stated as so many feet above ground level, and the phrase appears in each of the residential subsections and again in the commercial one, so the reference point is never left to inference, and the answer turns on the grade difference between the two lots.
- Corner lots
- On a corner lot in Blaine no fence over thirty inches is permitted inside the intersection sight distance triangle unless it is seventy-five percent transparent, and the answer turns on how transparent the fence is. The figure is 30 inches, for solid fence height inside the sight triangle.
- Retaining walls
- A retaining wall in Minnesota needs no building permit if it is four feet tall or less, and the four feet is measured from the bottom of the footing up to the top of the wall, not from the ground. The figure is 4 feet, for height at or below which a retaining wall needs no building permit. It reaches work covered by the Minnesota State Building Code only.
- Materials
- Electric fences are prohibited in Blaine except as farm fences, and barbed wire is prohibited on private property in residential zones on the same terms, and the answer turns on the zone and what sits on the other side of the line. The figure is 1 foot, for depth of barbed wire allowed at the top.
- Livestock
- Minnesota lists the builds that count as a legal fence. The figure is 32 inches, for minimum woven wire height on a legal fence that carries two barbed wires above it.
Who owns the fence between two properties in Blaine?
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Blaine answers this, but the answer changes depending on what the fence runs along or crosses.
A fence built to enclose a lot in Blaine has to sit entirely on the property of the owner, and the code splits the fence into two parts to say how. Posts and framework are placed within the property lines, and the actual fencing material, wire, lumber or pickets, is placed on the side of the fence facing the street or the adjacent property. So the finished face is a consequence of where the structure sits rather than a separate aesthetic rule. No fence may be built on a street right-of-way at all. A fence may be placed on a public utility easement by permit so long as it does not interfere in any way with existing underground or overground utilities, and the city or the utility is then not liable for repairing or replacing it if it is moved, damaged or destroyed through lawful use of the easement. A boundary fence is defined in the section as any fence parallel to the property line.
Posts and framework shall be placed within the property lines of the owner and the actual fencing material, such as wire, lumber, pickets, etc., shall be placed on the side of the fence which faces the street or the adjacent property.
The answer turns on what the fence runs along or crosses.
- the posts and framework
- Inside the owner property lines.
- the fencing material
- On the street or neighbor side.
- a street right-of-way
- No fence at all.
- a utility easement
- By permit, at the owner risk.
Also on fences on the property line in Blaine
- set in state lawMinnesota splits the cost of a fence on the property line in equal shares, and only on farm land. Both sides have to be used, fully or partly, to raise or keep livestock, and at least one owner has to want a fence. Then each side builds and keeps up half. The statute names which animals count as livestock. A yard that holds none of them is outside the rule. Minn. Stat. 344.03, subd. 1(a)Minnesota · Statute
- set in state lawMinnesota settles a boundary fence argument through fence viewers, who are town officers picked for the job. When one side will not build or fix a fence it has to keep, the other side can complain to them. The fence viewers give notice, look at the fence or at whether one is needed, and can order the work done in a reasonable time. If that order is ignored, the side that complained can do the work and get paid back under section 344.05. Minn. Stat. 344.04Minnesota · Statute
How tall can a fence be in Blaine?
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Blaine answers this, but the answer changes depending on the yard and whether the fence stands on the line.
In the single and two family districts Blaine holds a fence to four feet above ground level in front of the front face of the house, and six feet along an interior side lot line. The corner side yard and the rear yard facing a right-of-way both use the same trade: four feet where the fence sits on the property line, six feet where it is set back a minimum of one foot. One foot of ground buys two feet of fence, which is the cheapest such trade in this set and is written as a flat rule rather than as a sliding scale. A rear yard not adjacent to or fronting a right-of-way simply gets six feet. Business and industrial fences may not exceed seven feet. Above six feet a house lot fence needs a conditional use permit from the city council, capped at ten feet, and it has to be either a screening and noise fence beside a county, state or federal roadway or a fence made taller by unusual topography.
Maximum height of four feet above ground level when placed at the property line. Maximum height of six feet above ground level when placed with a minimum setback of one foot.
The answer turns on the yard and whether the fence stands on the line.
- in front of the house
- Four feet. 4 ft
- a corner side yard on the line
- Four feet.
- the same fence one foot back
- Six feet. 1 ft
- a business or industrial lot
- Seven feet. 7 ft
Also on fence height in Blaine
- no rule, documents checkedMinnesota sets no statewide limit on how tall a fence at a house can be. The boundary fence chapter says what a farm fence is built from and never caps a fence in a yard. The building code lets a fence up to seven feet go without a permit, which is a permit line and not a height cap. The city or county sets the limit. Minn. Stat. 344.02, 344.03Minnesota · Statute
Do I need a permit for a fence in Blaine?
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Blaine answers this, but the answer changes depending on whether the fence meets the stated standards.
No fence in Blaine may be erected or substantially altered without a permit from the building official, with no exemption for height or for a rear yard, and a fee is paid with each application. The application has to set out the type of fence, the material to be used, the height, and the exact location, so the city knows where the fence will run before it goes up rather than after a neighbor complains. Anything beyond the stated standards runs through the city council. A fence for a special purpose, or one differing in construction, height or location, may be permitted in a multifamily, commercial or industrial district only by conditional use permit approved by the council on a recommendation from the planning commission, and only on evidence that it is necessary to protect, buffer or improve the premises. The same route allows a house lot fence between six and ten feet. Publicly owned property needs no conditional use permit.
No fence shall be erected or substantially altered without securing a permit from the building official. All such permits shall be issued upon a written application which shall set forth the type of fence to be constructed, the material to be used, height, and exact location of the fence.
The answer turns on whether the fence meets the stated standards.
- any fence at all
- A permit and a fee.
- a house lot fence over six feet
- A conditional use permit, up to ten. 10 ft
- a special purpose fence
- City council, on evidence of need.
- public property
- No conditional use permit.
Also on permits in Blaine
- set in state lawA fence in Minnesota seven feet tall or shorter needs no building permit. Minnesota runs one building code for the whole state, and the rules that come with it list the work that needs no permit. A fence is on that list up to seven feet. Above seven feet it needs a permit. Minn. R. 1300.0120, subp. 4Minnesota · Building code
Pool fence requirements in Blaine
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Minnesota answers this in its own law. The words that do it are quoted below.
Minnesota rules say a public pool has to be closed off so children cannot get in. Where a fence does that job it has to stand at least five feet high, with gates that close and latch themselves and can be locked. No opening in the fence can be wider than four inches, no gap under it can be wider than two inches, and it cannot be built in a way that is easy to climb. The rule covers public pools. A pool at a private home is not in it.
This one is Minnesota law, not Blaine law. All Minnesota findings
Access to a public pool must be controlled to effectively prevent the entrance of children.
5 ftminimum height of fencing around a public pool
Spite fence laws in Blaine
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Minnesota answers this in its own law. The words that do it are quoted below.
Minnesota counts a spite fence as a private nuisance. Any fence or other structure put up or kept there to annoy the owner or occupant next door falls under the statute. The current text names no height at all, so the test is why the fence is there, not how tall it is.
This one is Minnesota law, not Blaine law. All Minnesota findings
Any fence, or any other structure, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
How fence height is measured in Blaine
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Blaine answers this, but the answer changes depending on the grade difference between the two lots.
Every height in the Blaine fence section is stated as so many feet above ground level, and the phrase appears in each of the residential subsections and again in the commercial one, so the reference point is never left to inference. What the section does not do is say which ground on a slope, or address a berm, a retaining wall or a post cap. Where the slope matters most the code moves the question to the city council instead. A fence taller than six feet may be approved by conditional use permit where unusual topography makes a taller fence necessary to screen neighboring properties, the height has to be the minimum needed to achieve six feet of screening, and the extra height beyond six feet may be no greater than the difference in grade between the subject lot and the neighboring lot. That is a rule about how much a slope can give back, and it is unusually precise about it.
The fence height shall be the minimum necessary to achieve six feet of screening. The additional fence height beyond six feet shall be no greater than the difference in grade between the subject lot and the neighboring lot.
The answer turns on the grade difference between the two lots.
- an ordinary fence
- Measured above ground level.
- a lot below its neighbor
- Extra height up to the grade difference.
- how much extra
- The minimum to reach six feet of screening.
- a berm or retaining wall
- Not addressed.
Also on how height is measured in Blaine
- set in state lawMinnesota does name the ground, once. Section 344.02 lists the fences that count as legal, and the barbed wire one puts the top wire no more than forty eight inches high and the bottom wire twelve to sixteen inches from the ground. So the bottom of that fence is measured from the ground. The top is a bare number with no surface named, which leaves a fence on a slope unanswered. For a fence at a house, section 462.357 lets the city set the height rule, so the city decides how it is measured too. Minn. Stat. 344.02Minnesota · Statute
Fence rules for corner lots in Blaine
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Blaine answers this, but the answer changes depending on how transparent the fence is.
On a corner lot in Blaine no fence over thirty inches is permitted inside the intersection sight distance triangle unless it is seventy-five percent transparent. The sentence does two things at once: it sets a low solid limit and then lifts it entirely for a fence a driver can see through, so a wrought iron or widely spaced picket fence may run at full height through the triangle while a stockade fence stops at two and a half feet. Seventy-five percent is a demanding threshold, higher than the fifty percent several other cities use, and it sits oddly close to the four foot corner side yard limit that applies on the line anyway. The shape of the triangle is not stated in the fence section, so the dimensions come from the intersection sight distance definition elsewhere in the code rather than from these rules.
On corner lots, no fence greater than 30 inches in height shall be permitted within the intersection sight distance triangle that is not 75 percent transparent.
The answer turns on how transparent the fence is.
- a solid fence in the triangle
- Thirty inches. 30 in
- a fence three quarters transparent
- The limit does not apply. 75%
- the shape of the triangle
- Not stated in the fence section.
Also on corner visibility in Blaine
- set in state lawMinnesota names the fence and names the roads. Chapter 160 makes it a misdemeanor to put a fence on the right of way of a trunk highway, a county state aid highway, a county highway or a town road. The one exception is a lane fence at the ends of a livestock crossing. The same section bars a building or structure inside the limits of any highway. Neither reaches a fence standing back on a private corner lot. Section 462.357 gives the city power over the height of structures and the size of yards, and a clear view triangle is written there. Minn. Stat. 160.2715Minnesota · Traffic code
Retaining wall rules in Blaine
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Minnesota answers this in its own law. The words that do it are quoted below.
A retaining wall in Minnesota needs no building permit if it is four feet tall or less, and the four feet is measured from the bottom of the footing up to the top of the wall, not from the ground. Minnesota prints this in its own state rule instead of pointing at a model code. Two things take a wall off the no permit list at any height. One is holding up a surcharge, which means extra weight pressing on the soil behind the wall, such as a driveway or a building. The other is holding back Class I, II or III-A liquids, which are liquids that burn.
This one is Minnesota law, not Blaine law. All Minnesota findings
retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids;
4 ftheight at or below which a retaining wall needs no building permit
Fence materials allowed in Blaine
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Blaine answers this, but the answer changes depending on the zone and what sits on the other side of the line.
Electric fences are prohibited in Blaine except as farm fences, and barbed wire is prohibited on private property in residential zones on the same terms. In business and industrial zones barbed wire is prohibited as a general fence but allowed for the top one foot of a fence along a side or rear lot line, and for the top one foot of a fence in an industrial zone fronting a public street where it is placed no closer than the parking setback. It is never permitted adjacent to a residential district, and no barbed wire is allowed at all in a business or industrial zone where the property lines abut lots adjacent to residential districts. Farm fences carry their own rules: barbed wire only up to four feet and only three hundred feet back from residential property, and an electric fence three hundred feet back, marked with a one foot square sign reading that the fence is electrified, limited to twelve volts direct current, and wired to pulse rather than stay live, with current never on longer than three seconds.
In business and industrial zones, fences may not exceed seven feet in height above the ground level, and the use of barbed wire is prohibited, except that the top one foot of any fence along side or rear lot lines in these zones may be constructed of barbed wire.
The answer turns on the zone and what sits on the other side of the line.
- a residential zone
- No barbed wire and no electric fence.
- an industrial side or rear line
- Barbed wire on the top foot. 1 ft
- a farm electric fence
- Three hundred feet from housing, twelve volts, pulsed. 300 ft
- a farm barbed wire fence
- Four feet, three hundred feet back.
Also on materials in Blaine
- set in state lawMinnesota lists five builds that count as a legal fence on a property line, and four of the five are wire. Barbed wire appears in all four, either on its own or stacked above woven wire, with rules on how many strands, how many barbs and how far apart the posts stand. The fifth is an open list of rails, beams, wires, boards, stone walls or a mix, so long as the fence viewers judge it equal to the others. No material is ruled out. Minn. Stat. 344.02Minnesota · Statute
Livestock and boundary fence law in Blaine
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Minnesota answers this in its own law. The words that do it are quoted below.
Minnesota lists the builds that count as a legal fence. Woven wire at least thirty two inches tall with two barbed wires above it counts. So does woven wire at least forty inches tall with one barbed wire above it, and woven wire at least forty eight inches tall with one barbed wire above it. All three go on well set posts no more than a rod apart. A rod is sixteen and a half feet. Four barbed wires also count, with at least forty barbs to the rod, the top wire no higher than forty eight inches and the bottom wire twelve to sixteen inches off the ground. Anything the fence viewers judge equal to those counts too.
This one is Minnesota law, not Blaine law. All Minnesota findings
The following are legal and sufficient fences: (a) fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts not more than one rod apart, the first barbed wire being above and not more than four inches from the woven wire and the second barbed wire being above and not more than eight inches from the first wire;
32 inminimum woven wire height on a legal fence that carries two barbed wires above it
Also on agricultural fencing in Blaine
- set in state lawMinnesota puts the duty on the animal owner. Letting cattle, a horse, a donkey, a mule, sheep, swine or a goat run loose in the state is against the law, and driving an animal onto someone's land over their objection counts as running loose too. The section does not ask the neighbor to have built a fence first. Minn. Stat. 346.16Minnesota · Statute
Documents behind this page
9 documents, of which 1 was published by Blaine itself. Each was read on the date shown.
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Section 344.03, Expense; Equal Shares
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Section 344.04, Failure to Build or Repair; Rights of Complainant
- City of BlaineBlaine Code of Ordinances, Subpart B, Zoning, Chapter 129, Section 129-8, Fences
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 344, Partition Fences
- Minnesota Department of Labor and IndustryMinnesota Rules, Chapter 1300, Part 1300.0120, Permits
- Minnesota Department of HealthMinnesota Rules, Chapter 4717, Part 4717.1550, Pool Access Restriction; Fencing
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 561, Section 561.02, Maliciously Maintained Structure
- Minnesota Office of the Revisor of StatutesMinnesota Statutes, Chapter 160, Section 160.2715, Right-of-way use; misdemeanors
- Minnesota Legislature, Office of the Revisor of StatutesMinnesota Statutes, Chapter 346, Animals, Section 346.16, Running at Large; Defined; Prohibited; Treble Damages
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 Blaine publishes, plus the Minnesota rules that apply where the city sets none. Fence laws in Minnesota 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