Fence laws in Lakeville, Minnesota
What the Lakeville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Lakeville sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in Lakeville, Minnesota, question by question
The short version
- Who pays on the line
- Fences in Lakeville, including their footings, have to be located entirely on the private property the approval or permit was issued for, so building on the line is not available, and the answer turns on whether the property irons can be found.
- How tall
- The maximum height of a residential fence in Lakeville is six feet, and the answer turns on the yard and how open the fence is. The figure is 6 feet, for maximum residential fence height.
- Permits
- Lakeville splits its approvals by where the fence goes rather than only by how tall it is, and the answer turns on where the fence stands and how tall it is. The figure is 7 feet, for height at 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
- Lakeville leaves corner clearance to Section 11-16-15 of the zoning title, which defines the traffic sight visibility triangle. The figure is 10 feet, for setback from a right-of-way before the triangle applies.
- 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
- Every fence in Lakeville has to be of substantial construction using material reasonably suited to its purpose, and a fence that becomes dangerous to public safety, health or welfare is a public nuisance that the zoning administrator is directed to abate, and the answer turns on the material, the district and whether the fence is temporary.
- 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 Lakeville?
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Lakeville answers this, but the answer changes depending on whether the property irons can be found.
Fences in Lakeville, including their footings, have to be located entirely on the private property the approval or permit was issued for, so building on the line is not available. The owner is made responsible for verifying the property lines, and the code gives the ways to do it: locate the property irons, or where the lines cannot be found, either establish the boundary by a survey made by a registered land surveyor when the zoning administrator or building official requires one, or enter an agreement with the adjoining owners about where the fence sits, recorded with the titles of the respective properties and subject to an administrative permit. A recorded agreement is a stronger remedy than most codes offer and it settles the question for future owners. No fence may be placed on or extend into a public right-of-way or onto public property. A fence in an easement may not impede the flow of water, and where the city needs the easement the fence is removed and relocated at the expense of the owner.
Fences, including footings, shall be located entirely upon the private property for which the administrative approval or building permit has been issued.
The answer turns on whether the property irons can be found.
- the fence and its footings
- Entirely inside the owner land.
- the line cannot be found
- A survey, or a recorded agreement with the neighbor.
- an easement
- Removed at the owner expense if the city needs it.
- the face of the fence
- Faces the neighbor or the street.
Also on fences on the property line in Lakeville
- 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 Lakeville?
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Lakeville answers this, but the answer changes depending on the yard and how open the fence is.
The maximum height of a residential fence in Lakeville is six feet. A fence in a front yard drops to four feet and has to be at least seventy-five percent open space for the passage of air and light, which is the strictest openness requirement in this set and rules out a solid picket fence at the front whatever its height. A fence in the required side yard of a corner lot abutting a right-of-way, or in the required rear yard of a double frontage lot, may reach six feet but may come no closer to the front lot line than the point where the front line of the principal building intersects. In a rear yard a fence may exceed six feet up to eight, provided it stands ten feet back from the rear lot line and five feet from any side line. Solid walls of natural stone, brick or other masonry up to eight feet are allowed only in the commercial, industrial and public open space districts and only by administrative permit.
Fences located within the front yard shall not exceed four feet (4') in height and shall be at least seventy five percent (75%) open space for the passage of air and light.
The answer turns on the yard and how open the fence is.
- a house lot generally
- Six feet. 6 ft
- a front yard
- Four feet, three quarters open. 75%
- a deep rear yard
- Eight feet, ten off the rear and five off the sides. 8 ft
- a masonry wall
- Eight feet, commercial and industrial only.
Also on fence height in Lakeville
- 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 Lakeville?
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Lakeville answers this, but the answer changes depending on where the fence stands and how tall it is.
Lakeville splits its approvals by where the fence goes rather than only by how tall it is. Approval by the zoning administrator is required for any fence under seven feet in a front yard, in a yard subject to the buffer yard requirements, or for a property line fence, so a short fence on the boundary still needs a decision while the same fence in the middle of a back yard does not. A fence of seven feet or more needs a building permit instead. Neither approval applies to fences built on a farm for agricultural purposes. A solid masonry wall up to eight feet needs an administrative permit, and an agreement with adjoining owners about the position of a fence is itself subject to an administrative permit. A swimming pool deeper than twenty-four inches at any point and larger than a hundred and fifty square feet needs approval, and the pool barrier has to be inspected and approved by the building official before the pool is filled.
Approval by the zoning administrator in accordance with section 11-8-5 of this title is required for construction of any fence less than seven feet (7') in height within a front yard, within a yard subject to the buffer yard requirements of subsection 11-21-9E of this chapter, or for a property line fence.
The answer turns on where the fence stands and how tall it is.
- a front yard or property line fence
- Zoning administrator approval.
- seven feet or more
- A building permit. 7 ft
- a farm fence
- Neither approval applies.
- a pool barrier
- Inspected before the pool is filled.
Also on permits in Lakeville
- 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 Lakeville
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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 Lakeville 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 Lakeville
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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 Lakeville 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 Lakeville
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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 Lakeville 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 Lakeville
- no rule, documents checkedThe fence section states four heights and never names the surface they are measured from. Nothing addresses a fence on sloping ground, a fence on a berm, a fence on top of a retaining wall, or ground raised before the posts go in, and no allowance is given for a post cap standing above the top rail. The omission stands out because the section is otherwise precise about position, specifying ten feet from a rear lot line, five feet from a side line, ten feet from a right-of-way, and the point where the front line of the principal building meets the side yard. The one place the code does state a vertical measurement is in the swimming pool barrier rules, where the bottom of a fence may not be more than four inches from the ground and no opening may exceed four inches, and that is a safety rule about gaps rather than a way of reading fence height. 11-21-5Lakeville · Zoning code
Fence rules for corner lots in Lakeville
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Lakeville does not set this. It leaves it to Section 11-16-15 of the zoning title, which defines the traffic sight visibility triangle.
On a corner lot in Lakeville no fence or screen is permitted within the area defined as the traffic sight visibility triangle by Section 11-16-15 of the zoning title. The rule is absolute rather than a height limit: where other cities allow a two or three foot fence inside the triangle, or exempt one that is mostly open, Lakeville allows nothing there at all. The dimensions are not in the fence section and have to be read from the traffic visibility section instead. The setback rules point back at it, requiring a fence in a front yard, in a required side yard of a corner lot abutting a right-of-way, or in a required rear yard of a double frontage lot, to stand ten feet back from the property line on lots of record and preliminary platted lots established after the first of January 1994, except where the traffic visibility triangle requires more. So the triangle can override a stated setback but never shrink it.
On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by section 11-16-15 of this title.
10 ftsetback from a right-of-way before the triangle applies
The code hands this to Section 11-16-15 of the zoning title, which defines the traffic sight visibility triangle, which is not published in the code itself.
Also on corner visibility in Lakeville
- 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 Lakeville
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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 Lakeville 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 Lakeville
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Lakeville answers this, but the answer changes depending on the material, the district and whether the fence is temporary.
Every fence in Lakeville has to be of substantial construction using material reasonably suited to its purpose, and a fence that becomes dangerous to public safety, health or welfare is a public nuisance that the zoning administrator is directed to abate. Three material rules follow. A security fence, wherever it is allowed, has to be built so that no barbed ends are at the top, which turns the usual arrangement upside down and is written about the person climbing rather than about the look. Electric fences are permitted only in the agricultural preserve and rural agricultural districts when related to agriculture, and on farms in other districts for agricultural purposes, and never as boundary fences. Barbed wire is permitted only on farms related to agriculture, with one exception in the commercial and industrial rules. Mesh HDPE plastic fencing and chicken wire are allowed only temporarily at an active construction site, or for crowd or parking control at a special event.
Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the top.
The answer turns on the material, the district and whether the fence is temporary.
- a security fence
- No barbed ends at the top.
- an electric fence
- Agriculture only, never on a boundary.
- barbed wire
- Farms, with one commercial exception.
- plastic mesh or chicken wire
- Construction sites and events only.
Also on materials in Lakeville
- 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 Lakeville
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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 Lakeville 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 Lakeville
- 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 Lakeville 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 LakevilleLakeville City Code, Title 11, Zoning Ordinance, Chapter 21, Section 11-21-5, 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 Lakeville 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