Fence laws in Burnsville, Minnesota
What the Burnsville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Burnsville sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in Burnsville, Minnesota, question by question
The short version
- Who pays on the line
- A fence in Burnsville has to be located entirely on the private property of the person building it, so building on the line is not an option, and the city may require the owner of a property where a fence already exists to establish the boundary lines by survey, and the answer turns on where the line actually runs.
- How tall
- Burnsville measures from the buildable area of a lot rather than from the yards, and the answer turns on whether the fence sits inside the buildable area. The figure is 6 feet, for fence outside the buildable area.
- Permits
- A building permit is required for a fence taller than seven feet in Burnsville, which sits between the six foot residential limit and the eight foot allowance inside the buildable area, so an eight foot fence needs one and a six foot fence does not, and the answer turns on the height, the district and what the fence is for. 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
- Minnesota does name the ground, once. The figure is 16 inches, for bottom wire of a legal fence, measured from the ground. It reaches a legal fence built of barbed wire only.
- Corner lots
- No structure or landscaping on a Burnsville corner lot may exceed thirty inches in height within any front or side yard if it obstructs visibility across the intersection, and the answer turns on whether the obstruction actually blocks the view across the intersection. The figure is 50 feet, for leg of the corner 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 not permitted in Burnsville except for agricultural purposes and for the control of deer in residential gardens, and the garden exception is written in unusual detail, and the answer turns on what the fence is protecting and where it runs. The figure is 30 inches, for lowest height for the marked live strand.
- 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 Burnsville?
Compare fences on the property line across all 50 states
Burnsville answers this, but the answer changes depending on where the line actually runs.
A fence in Burnsville has to be located entirely on the private property of the person building it, so building on the line is not an option, and the city may require the owner of a property where a fence already exists to establish the boundary lines by survey. The face side of a fence, meaning the finished side with no structural supports, has to face the adjacent neighboring property or the street right-of-way. Maintenance reaches both sides: every fence has to be kept in good repair on both sides, peeling, flaking and chipped coating has to be removed and the surface recoated, and the property owner is responsible for maintaining the area between the property line and their own fence, which is the strip that appears when a fence is set back a few inches to stay clear of the line. A fence that has become dangerous is a public nuisance and the city may begin abatement proceedings.
Fences shall be located entirely upon the private property of the persons constructing the fence. The City may require the owner of the property with an existing fence to establish the boundary lines of their property with a survey.
10-9-21, Fences, Locations and Construction
The answer turns on where the line actually runs.
- the fence itself
- Entirely on the builder land.
- a doubtful boundary
- A survey, at the direction of the city.
- the face side
- Faces the neighbor or the street.
- the strip behind the fence
- Still the owner to maintain.
Also on fences on the property line in Burnsville
- 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 Burnsville?
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Burnsville answers this, but the answer changes depending on whether the fence sits inside the buildable area.
Burnsville measures from the buildable area of a lot rather than from the yards. A fence outside the buildable area may not exceed six feet, and a fence inside it, or one at least ten feet from the rear lot line, may reach eight feet. So the further a fence stands from the boundary the taller it may be, which is the opposite of the usual arrangement where the back of the lot gets the height. A fence extending across a front yard is held to forty-two inches and has to be at least seventy-five percent open space for the passage of air and light. A through or double frontage lot gets its own pair of figures on the second street: eight feet where the fence is within twenty feet of the additional front lot line, and six feet where it is within ten. Business and industrial fences may be erected up to eight feet, and anything above that needs a conditional use permit.
Except as provided herein, fences outside the buildable area of a lot may not exceed 6 feet in height. Except as provided herein, fences within the buildable area of a lot or in the case of the rear lot line at least 10 feet from the rear lot line, may not exceed 8 feet in height.
10-9-21, Fences, Residential Fencing And Screening
The answer turns on whether the fence sits inside the buildable area.
- outside the buildable area
- Six feet. 6 ft
- inside it, or ten feet off the rear line
- Eight feet. 8 ft
- across a front yard
- Forty-two inches, three quarters open. 75%
- a business or industrial lot
- Eight feet, more by conditional use permit.
Also on fence height in Burnsville
- 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 Burnsville?
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Burnsville answers this, but the answer changes depending on the height, the district and what the fence is for.
A building permit is required for a fence taller than seven feet in Burnsville, which sits between the six foot residential limit and the eight foot allowance inside the buildable area, so an eight foot fence needs one and a six foot fence does not. Everything else runs through a conditional use permit and there are four of them. A business or industrial fence over eight feet. A business or industrial fence carrying barbed wire security arms, which have to sit at least six feet up measured without the arm, angled so they extend only over the property of the permit holder and do not endanger the public, and never along a line abutting a residential use. Slats inside a chain link fence, which are prohibited outright on a house lot. And a fence for a special purpose, or one differing in construction, height or length, in any district, on findings that it is necessary to protect, buffer or improve the premises.
A Building permit is required for fences that are taller than 7 feet.
10-9-21, Fences, Permits and Business And Industrial Fencing
The answer turns on the height, the district and what the fence is for.
- over seven feet
- A building permit. 7 ft
- a commercial fence over eight feet
- A conditional use permit.
- barbed wire security arms
- A conditional use permit, six feet up. 6 ft
- slats in chain link
- A conditional use permit, and never on a house lot.
Also on permits in Burnsville
- 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 Burnsville
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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 Burnsville 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 Burnsville
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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 Burnsville 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 Burnsville
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Minnesota answers this in its own law. The words that do it are quoted below.
Minnesota 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.
This one is Minnesota law, not Burnsville law. All Minnesota findings
fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high and the bottom wire 12 to 16 inches from the ground
16 inbottom wire of a legal fence, measured from the ground
Also on how height is measured in Burnsville
- no rule, documents checkedThe fence rules state six different heights and name a way of measuring only once, when they say a business or industrial fence carrying barbed wire security arms has to be a minimum of six feet measured without the security arm. Nowhere do they say what surface an ordinary fence is measured from. Sloping ground is not addressed, a berm is not addressed, a fence on top of a retaining wall is not addressed, and nothing stops an owner raising the ground before setting posts. No allowance is given for a post cap standing above the top rail. The omission is striking in a title that was rewritten from the ground up and adopted whole in June 2026, and it sits beside a corner rule that is careful to say the sight triangle is measured along the curb line or the gutter line where no curb exists. 10-9-21, FencesBurnsville · Zoning code
Fence rules for corner lots in Burnsville
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Burnsville answers this, but the answer changes depending on whether the obstruction actually blocks the view across the intersection.
No structure or landscaping on a Burnsville corner lot may exceed thirty inches in height within any front or side yard if it obstructs visibility across the intersection. A minimum sight triangle is then established at the corner of each street intersection, with two adjacent sides running along the curb line, or the gutter line where there is no curb, each fifty feet long, and a third side joining their endpoints. Fifty feet is the longest leg any city in this set states, and measuring from the curb rather than from the property line pushes the triangle further onto the lot on a street with a wide boulevard. The city may require the removal of any vision obstruction inside the triangle, which is a direct remedy rather than a permit refusal. The buffer yard rules repeat the point from another direction, saying fences and landscaping may not be located within the traffic sight visibility triangle at all.
Two adjacent sides located along the curb line (or gutter line where no curb exists) of the intersecting streets, each measuring fifty feet (50') in length.
10-9-20, Clear Traffic Visibility
The answer turns on whether the obstruction actually blocks the view across the intersection.
- the triangle
- Fifty feet along each curb line. 50 ft
- a fence inside it
- Thirty inches where it blocks the view. 30 in
- an existing obstruction
- The city may require its removal.
- a buffer yard
- No fence or landscaping in the triangle.
Also on corner visibility in Burnsville
- 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 Burnsville
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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 Burnsville 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 Burnsville
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Burnsville answers this, but the answer changes depending on what the fence is protecting and where it runs.
Electric fences are not permitted in Burnsville except for agricultural purposes and for the control of deer in residential gardens, and the garden exception is written in unusual detail. The fence has to use a UL listed controller or an equivalent approved by the city electrical inspector. It may carry several strands, but at least one has to sit between thirty and thirty-six inches above the ground and be marked with warning signs of at least eight square inches fixed to the wire no more than ten feet apart. It may not be in a front yard. It may run only around the perimeter of the garden or flowerbed being protected, up to the property line, and never as perimeter fencing for the property. Barbed wire is permitted only on farms or for special security requirements by conditional use permit. A chain link fence has to carry a weather resistant coating, slats within chain link are prohibited on a house lot, and exterior wood other than a decay resistant species has to be painted, stained or otherwise treated.
Electric fences shall not be permitted except for agricultural purposes and for the control of deer in residential gardens, provided that garden fencing shall comply with the following standards:
10-9-21, Fences, Electric Fences and Construction
The answer turns on what the fence is protecting and where it runs.
- a deer fence around a garden
- Permitted, with a live strand between thirty and thirty-six inches. 30 in
- the warning signs
- Every ten feet along the wire. 10 ft
- barbed wire
- Farms, or a conditional use permit.
- slats in chain link
- Prohibited on a house lot.
Also on materials in Burnsville
- 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 Burnsville
Compare agricultural fencing across all 50 states
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 Burnsville 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 Burnsville
- 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 Burnsville 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 BurnsvilleBurnsville City Code, Title 10, Zoning, Chapter 10-9, General Zoning Provisions, Section 10-9-21, 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 Burnsville 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