Fence laws in Bloomington, Minnesota
What the Bloomington municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Bloomington sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in Bloomington, Minnesota, question by question
The short version
- Who pays on the line
- Bloomington states the orientation rule from the negative side: fences have to be installed so that posts and lateral supports are not on the side facing an adjacent property or a public right-of-way, unless the fence is exposed on both sides, and the answer turns on what the fence runs along or crosses. The figure is 2 feet, for setback from the nearest edge of a sidewalk.
- How tall
- Bloomington sorts a lot by whether a yard abuts a street rather than by front, side and rear, and says plainly that an alley is not a street for this purpose, and the answer turns on whether the yard abuts a street, and what sits on the other side. The figure is 4 feet, for residential fence in a yard abutting a street.
- Permits
- Fence installations, alterations and repairs in Bloomington need no permit, and the code says so directly rather than leaving it to be inferred from an exemption list, and the answer turns on the height of the fence and where the lot sits. The figure is 7 feet, for height above which a building permit is required.
- 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
- Bloomington measures the body of the fence and then allows a maximum of six inches, averaged between posts, above the natural grade for drainage, and the answer turns on why the ground under the fence is the height it is. The figure is 6 inches, for gap allowed above natural grade.
- Corner lots
- Bloomington leaves corner clearance to Section 21.601 of the zoning chapter, which defines the clear view 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
- A Bloomington fence has to be wood, metal, brick, masonry, plastic or another material designed for permanent outdoor fencing, and wood has to be cedar, redwood or another decay resistant species, and the answer turns on the material and the district. The figure is 6 feet, for height barbed wire has to start at.
- 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 Bloomington?
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Bloomington answers this, but the answer changes depending on what the fence runs along or crosses.
Bloomington states the orientation rule from the negative side: fences have to be installed so that posts and lateral supports are not on the side facing an adjacent property or a public right-of-way, unless the fence is exposed on both sides. Three clearances apply. A fence next to a public sidewalk stands at least two feet back from the nearest edge of the walk. A three foot radius around every fire hydrant, fire hose connection and utility box is kept clear of fencing. And a fence may not be placed on or extend into a public easement carrying public improvements without an encroachment agreement approved by the Director of Public Works and filed with the property records at the County Recorder or Registrar of Titles, after which the city is held harmless for damage to the fence during work in the easement and is not responsible for putting it back. Maintenance is owed on both sides of the fence, and the owner also keeps up the strip between the line and their fence.
Fences must be installed so that posts and lateral supports are not on the side of the fence facing an adjacent property or public right-of-way, unless exposed on both sides.
The answer turns on what the fence runs along or crosses.
- the posts
- Face away from the neighbor and the street.
- a public sidewalk
- Two feet of clearance. 2 ft
- a hydrant or utility box
- Three feet of clear radius. 3 ft
- a public easement
- A recorded encroachment agreement.
Also on fences on the property line in Bloomington
- 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 Bloomington?
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Bloomington answers this, but the answer changes depending on whether the yard abuts a street, and what sits on the other side.
Bloomington sorts a lot by whether a yard abuts a street rather than by front, side and rear, and says plainly that an alley is not a street for this purpose. A residential yard abutting a street is held to four feet and a yard not abutting one to six feet, with the nonresidential figures at six and ten. Six exceptions follow. A residential fence facing an arterial street as designated by the Comprehensive Plan may go to six feet. Any residential fence may reach eight feet where it is not in a front yard or a yard abutting a street unless set back at least sixty-five feet from the right-of-way, and where a fence in a side or rear yard meets the principal structure setback for that district. A corner lot fence may reach six feet behind the rear plane of the house, a through lot fence may do the same where an abutting lot is also a through lot, and any residential fence abutting a nonresidential use may go to eight feet.
Any residential fence may rise to a height of eight feet if the following locational requirements are all met:
The answer turns on whether the yard abuts a street, and what sits on the other side.
- a residential yard abutting a street
- Four feet. 4 ft
- a residential yard away from a street
- Six feet. 6 ft
- set sixty-five feet off the right-of-way
- Eight feet. 65 ft
- a nonresidential yard away from a street
- Ten feet. 10 ft
Also on fence height in Bloomington
- 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 Bloomington?
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Bloomington answers this, but the answer changes depending on the height of the fence and where the lot sits.
Fence installations, alterations and repairs in Bloomington need no permit, and the code says so directly rather than leaving it to be inferred from an exemption list. Three things bring a permit back. A fence greater than seven feet, where the code permits one at all, needs a building permit from the City Building and Inspection Division before installation. A fence in a floodplain needs the approval of the Planning Manager. And a fence in a shore area needs a shore area permit from the same division. Fences are not permitted in floodway areas shown on the FEMA flood boundary and floodway map at all, so the floodplain approval covers the land around a floodway rather than the floodway itself. Verifying that no utility conflicts exist before installing is put on the property owner. A temporary fence is prohibited in a residential district except for construction or excavation, capped at six feet.
Fence installations, alterations or repairs do not require a permit, with the following exceptions.
The answer turns on the height of the fence and where the lot sits.
- an ordinary fence
- No permit.
- over seven feet
- A building permit. 7 ft
- a floodplain
- Planning Manager approval.
- a shore area
- A shore area permit.
Also on permits in Bloomington
- 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 Bloomington
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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 Bloomington 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 Bloomington
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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 Bloomington 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 Bloomington
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Bloomington answers this, but the answer changes depending on why the ground under the fence is the height it is.
Bloomington measures the body of the fence and then allows a maximum of six inches, averaged between posts, above the natural grade for drainage. Averaging between posts is the detail that makes it workable on uneven ground, because a gap that opens wider in a dip is judged against the panel as a whole rather than at its worst point. Fence posts may extend a maximum of twelve inches above the body of the fence, so a decorative cap does not put a conforming fence over. The third sentence is the anti-gaming rule and it is written more directly than most: where fence height has been elevated through a retaining wall, a berm or any other method whose primary purpose is raising the fence, the height is measured from the ground elevation before the grade was modified. Intent is what the rule turns on, so a retaining wall built to hold a slope is treated differently from one built to gain two feet of fence.
Fence height is measured to include the body of the fence, plus allowing a maximum of six inches (on average between posts) above the natural grade (i.e., for drainage purposes). Fence posts are permitted to extend a maximum of 12 inches above the body of the fence.
The answer turns on why the ground under the fence is the height it is.
- a drainage gap
- Six inches, averaged between posts. 6 in
- a post cap
- Twelve inches above the body. 12 in
- a berm or wall built to gain height
- Measured from the ground before grading.
- a wall built to hold a slope
- Outside the fence rules entirely.
Also on how height is measured in Bloomington
- 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 Bloomington
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Bloomington does not set this. It leaves it to Section 21.601 of the zoning chapter, which defines the clear view triangle.
The Bloomington fence section states the corner rule twice and defines it neither time. Under location it says fences must maintain a clear view triangle area setback, and under restrictions it says fences of any style or material must maintain a clear view triangle area as defined in Section 21.601 and shown in a figure. So the dimensions sit in the definitions section of the zoning chapter rather than in the fence rules, and the phrase any style or material is the operative part of the second sentence: unlike St. Paul, where a fence more than eighty percent open escapes the corner limit entirely, an open or ornamental fence in Bloomington is caught the same as a solid one. Limiting sight line obstructions is one of the six stated purposes of the whole section, so the rule is not incidental. The separate three foot clear radius around hydrants and utility boxes works the same way, as a keep-out zone rather than a height limit.
Fences of any style or material must maintain a clear view triangle area as defined in § 21.601 and shown in Figure 21.301.08(f)(2).
The code hands this to Section 21.601 of the zoning chapter, which defines the clear view triangle, which is not published in the code itself.
Also on corner visibility in Bloomington
- 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 Bloomington
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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 Bloomington 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 Bloomington
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Bloomington answers this, but the answer changes depending on the material and the district.
A Bloomington fence has to be wood, metal, brick, masonry, plastic or another material designed for permanent outdoor fencing, and wood has to be cedar, redwood or another decay resistant species. Then the code does something no other city in this set does: it sets a minimum thickness for chain link, prohibiting anything finer than 12 gauge, and explains the scale in the ordinance itself because the numbering runs backwards, noting that 13 gauge is finer and not permitted while 11 gauge is thicker and permitted. Razor wire, snow fencing, plywood and materials originally intended for other purposes are prohibited, as is above ground electric fencing. Barbed wire is allowed only on top of a fence in a nonresidential district and only at least six feet above the natural grade. Screening on a chain link fence has to be a commercial product made for fencing and securely fastened, and slats inserted into chain link do not count as screening at all.
Chain link fencing of less than 12 gauge in diameter is prohibited (for example, where 13 gauge is finer and not permitted, and 11 gauge is thicker and permitted).
The answer turns on the material and the district.
- chain link
- 12 gauge or thicker.
- slats in chain link
- Not screening.
- barbed wire
- Nonresidential, six feet up. 6 ft
- an above ground electric fence
- Not permitted, except for prescribed grazing.
Also on materials in Bloomington
- 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 Bloomington
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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 Bloomington 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 Bloomington
- 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 Bloomington 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 BloomingtonBloomington City Code, Chapter 21, Zoning and Land Development, Section 21.301.08, 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 Bloomington 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