Fence laws in Maple Grove, Minnesota
What the Maple Grove municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Maple Grove sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in Maple Grove, Minnesota, question by question
The short version
- Who pays on the line
- A fence in Maple Grove has to sit entirely on the private property of the person building it, unless the adjoining owner agrees in writing that the fence may be erected on the division line of the two properties, and the answer turns on whether the adjoining owner has agreed in writing. The figure is 4 feet, for minimum width of the required access point.
- How tall
- In every residential part of Maple Grove that is not a farm, one or more fences of no more than six feet may be erected on a lot, and no fence may extend closer to the street than the front yard setback line, and the answer turns on the district and where on the lot the fence stands. The figure is 6 feet, for fence on a residential lot.
- Permits
- The Maple Grove fence rules refer to an applicant for a fence permit rather than setting out the permit itself, and the power attached to it is a survey: the director of fire and building inspection services may require any applicant, or the owner of a property where a fence already exists, to establish the boundary lines by a registered land surveyor, and the answer turns on whether the fence matches the stated standards.
- 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
- Maple Grove leaves corner clearance to Section 36-792 of the zoning chapter, which describes the triangular area.
- 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
- Barbed wire fences in Maple Grove are permitted only on farms, with one exception for security in the business and industrial districts: a fence erected primarily to secure a given area may carry arms no longer than thirty-six inches, fixed at least seven feet and no more than eight feet above the ground surface, and barbed wire may be placed on those arms, and the answer turns on the district and the purpose of the fence. The figure is 36 inches, for maximum length of a barbed wire arm.
- 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 Maple Grove?
Compare fences on the property line across all 50 states
Maple Grove answers this, but the answer changes depending on whether the adjoining owner has agreed in writing.
A fence in Maple Grove has to sit entirely on the private property of the person building it, unless the adjoining owner agrees in writing that the fence may be erected on the division line of the two properties. That is one of the clearest statements in this set of what most cities leave to private law, and it makes the written agreement the thing that converts a fence into a true boundary fence. The director of fire and building inspection services may require the owner of a property where a fence already exists, or any applicant for a fence permit, to establish the boundary lines by a survey made by a registered land surveyor, so the city can force the question when the position is doubtful. Where a fence encloses a yard in a way that restricts access from the front to the rear, a gate, identifiable collapsible section or other recognizable means of entry at least four feet wide has to be provided, unobstructed, somewhere between the side lot line and the house.
Any fence shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties.
The answer turns on whether the adjoining owner has agreed in writing.
- no agreement
- Entirely on the builder property.
- a written agreement
- A fence on the division line.
- a doubtful boundary
- A survey may be required.
- an enclosing fence
- A four foot way through, front to back. 4 ft
Also on fences on the property line in Maple Grove
- 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 Maple Grove?
Compare fence height across all 50 states
Maple Grove answers this, but the answer changes depending on the district and where on the lot the fence stands.
In every residential part of Maple Grove that is not a farm, one or more fences of no more than six feet may be erected on a lot, and no fence may extend closer to the street than the front yard setback line. Three exceptions reach into the front yard. Decorative fencing is allowed there if it is no higher than three and a half feet and is not designed or serving as an enclosure, with split rail, picket and brick given as examples and chain link expressly excluded. A fence may go in the front yard of a corner lot abutting an arterial street, and a fence may run along any part of a side lot line that also serves as the rear lot line of a corner lot. Business and industrial fences may reach eight feet, except in a required front yard where they stop at six and have to be chain link permitting maximum visibility. Inside a shoreland lakeshore setback the limit is five feet.
In all parts of the city zoned residential and not a farm, one or more fences no more than six feet in height may be erected or maintained on a lot subject to the following:
The answer turns on the district and where on the lot the fence stands.
- a residential lot
- Six feet, behind the front setback line. 6 ft
- a decorative front yard fence
- Three and a half feet, and not an enclosure. 42 in
- a business or industrial lot
- Eight feet. 8 ft
- a lakeshore setback
- Five feet, see-through, blended. 5 ft
Also on fence height in Maple Grove
- 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 Maple Grove?
Compare permits across all 50 states
Maple Grove answers this, but the answer changes depending on whether the fence matches the stated standards.
The Maple Grove fence rules refer to an applicant for a fence permit rather than setting out the permit itself, and the power attached to it is a survey: the director of fire and building inspection services may require any applicant, or the owner of a property where a fence already exists, to establish the boundary lines by a registered land surveyor. Anything outside the stated standards goes to a conditional use permit. Fences for special purposes, and fences differing in construction, height or length, may be permitted in any district by conditional use permit approved by the planning commission and the city council, with findings that the fence is necessary to protect, buffer or improve the premises it is intended for. Enforcement runs through nuisance law rather than through permit revocation: a fence that has become dangerous to public safety, health or welfare is a public nuisance and the zoning administrator is directed to begin abatement proceedings.
Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council.
36-790(e), with (a) and (b)(2)
The answer turns on whether the fence matches the stated standards.
- a conforming fence
- A fence permit from the city.
- a different height or construction
- A conditional use permit.
- a doubtful boundary
- A surveyor, at the direction of the city.
- a dangerous fence
- Abated as a public nuisance.
Also on permits in Maple Grove
- 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 Maple Grove
Compare pool barriers across all 50 states
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 Maple Grove 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 Maple Grove
Compare spite fences across all 50 states
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 Maple Grove 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 Maple Grove
Compare how height is measured across all 50 states
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 Maple Grove 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 Maple Grove
- no rule, documents checkedThe fence section states four heights and names a reference point only once, in the security fence rule, where the arms carrying barbed wire have to sit between seven and eight feet above the ground surface. The six foot residential limit, the three and a half foot decorative limit, the eight foot business limit and the five foot lakeshore limit are all stated without saying what they are measured from. Nothing addresses a fence on sloping ground, on a berm or on top of a retaining wall, and no allowance is given for a post cap. The screening rules a section later do measure from the ground when they say a deciduous tree has to be at least two and a half inches in diameter measured six inches above the ground, which shows the drafters knew how to write a datum when they wanted one, and simply did not write one for the fence. 36-790Maple Grove · Zoning code
Fence rules for corner lots in Maple Grove
Compare corner visibility across all 50 states
Maple Grove does not set this. It leaves it to Section 36-792 of the zoning chapter, which describes the triangular area.
No fence on a corner lot in Maple Grove may be erected within the triangular area described in Section 36-792, and the fence rules give no dimension of their own. The reference is short but it does real work, because it is the one requirement that survives two separate exemptions. A fence is allowed in the front yard of a corner lot abutting an arterial street, but not inside the triangle. And public park properties are exempt from the whole residential subsection except for the triangle rule, so a park fence at a corner is held to the same standard as a house. Anyone working out what a corner lot allows has to read Section 36-792 rather than the fence section, and the fence section never hints at how big the triangle is or whether an open fence escapes it.
No fence on a corner lot shall be erected within the triangular area described in section 36-792.
36-790(c)(1), with (c)(2)(b) and (c)(4)
The code hands this to Section 36-792 of the zoning chapter, which describes the triangular area, which is not published in the code itself.
Also on corner visibility in Maple Grove
- 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 Maple Grove
Compare retaining walls across all 50 states
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 Maple Grove 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 Maple Grove
Compare materials across all 50 states
Maple Grove answers this, but the answer changes depending on the district and the purpose of the fence.
Barbed wire fences in Maple Grove are permitted only on farms, with one exception for security in the business and industrial districts: a fence erected primarily to secure a given area may carry arms no longer than thirty-six inches, fixed at least seven feet and no more than eight feet above the ground surface, and barbed wire may be placed on those arms. Setting both a floor and a ceiling for the arms is unusual and keeps the wire out of reach without letting the fence grow. Electric fences are permitted only in the rural agricultural district when related to farming, and on farms in other districts, and never as boundary fences. Link fences wherever permitted have to be built so that no barbed ends are at the top. A required screening fence is a different thing again and has to be masonry, brick or wood, solid, between six and eight feet, with the design and materials subject to city council approval.
Fences which are erected primarily to secure a particular given area may have arms not to exceed 36 inches in length located a minimum of seven and a maximum of eight feet above the ground surface, on which barbed wire may be placed.
The answer turns on the district and the purpose of the fence.
- a security fence
- Barbed arms between seven and eight feet up. 36 in
- a house lot
- No barbed wire and no electric fence.
- a chain link fence
- No barbed ends at the top.
- a required screening fence
- Masonry, brick or wood, approved by the council.
Also on materials in Maple Grove
- 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 Maple Grove
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 Maple Grove 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 Maple Grove
- 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 Maple Grove 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 Maple GroveMaple Grove Code of Ordinances, Chapter 36, Zoning, Article VIII, Section 36-790, 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 Maple Grove 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