Fence laws in St. Paul, Minnesota
What the St. Paul municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where St. Paul sets no rule of its own, the Minnesota rule is shown in its place and marked as such.
Fence laws in St. Paul, Minnesota, question by question
The short version
- How tall
- In residential districts and on lots occupied for residential purposes a fence in St, and the answer turns on the yard and the use of the property. The figure is 7 feet, for fence on a residential lot.
- Permits
- St, and the answer turns on the height of the fence and whether a waiver is sought. The figure is 7 feet, for height above which a 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
- The height rule in St, and the answer turns on whether there is a sidewalk.
- Corner lots
- On a corner lot at two intersecting streets in a residential zoning district, nothing may stand above two feet from sidewalk grade inside the triangular area formed by ten feet measured along each lot line from the corner, unless the structure is more than eighty percent open, and the answer turns on how open the fence is. The figure is 2 feet, for height limit inside the corner 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
- No barbed wire fence may be built inside the city limits, except at police and correction facilities, unless four conditions are met, and the conditions go further than any other city in this set, and the answer turns on the material and where the fence stands. The figure is 3 strands, for barbed wire permitted on top of a fence.
- 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 St. Paul?
Compare fences on the property line across all 50 states
St. Paul answers this in its own law. The words that do it are quoted below.
St. Paul does not allow a fence on the boundary. The applicant has to ensure that fences and all supporting structures are completely within the boundaries of the lot with no portion encroaching onto adjacent property, and naming the supporting structures closes the gap a bare rule about the fence would leave, because a post set on the line has a footing wider than the post. That makes a shared fence built jointly by two neighbors something the code does not contemplate, and it means a replacement fence has to come inside the line of the one it replaces if the old one crossed it. The barbed wire rules repeat the theme from the other direction, requiring that the arms carrying the wire not project over public property. Nothing in the section divides the cost of a fence between neighbors or says which side the finished face points toward, so both are left to private agreement.
The applicant must ensure that fences and all supporting structures are completely within the boundaries of such lot with no portion encroaching onto adjacent property.
Also on fences on the property line in St. Paul
- 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 St. Paul?
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St. Paul answers this, but the answer changes depending on the yard and the use of the property.
In residential districts and on lots occupied for residential purposes a fence in St. Paul may reach seven feet above the sidewalk or finished grade, which is a foot more than most cities allow and makes the city one of the more permissive in this set. Every fence in a front yard, as the zoning code defines a front yard, is held to four feet. A back lot carries one extra rule: a gate crossing a direct pedestrian connection from the street to the primary entrance of the nearest principal building may be no more than four feet. A fence for a nonresidential use sitting in a residential zoning district may go to eight feet, and then the code names three sports exceptions that climb steeply, with tennis court fences at twelve feet, backstops at twenty and golf range fences at thirty. Thirty feet is the tallest figure any city in this set states for a fence.
All fences erected in a front yard as defined in section 60.226 of the Saint Paul Legislative Code must be no more than four (4) feet in height.
The answer turns on the yard and the use of the property.
- a residential lot
- Seven feet. 7 ft
- a front yard
- Four feet. 4 ft
- a nonresidential use in a residential zone
- Eight feet. 8 ft
- a golf range
- Thirty feet. 30 ft
Also on fence height in St. Paul
- 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 St. Paul?
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St. Paul answers this, but the answer changes depending on the height of the fence and whether a waiver is sought.
St. Paul runs two separate gates. A permit from the building official is required for any fence greater than seven feet, and a fence plan review from the building official is required for every fence in the city with no exception at all. The review is the unusual one, because most cities that regulate fences closely still let a short one go up unnoticed and this city does not. A fence inspection is not required for all installations, but any fence may be subject to one. A variance of the fence height or corner clearance rules may be granted where the building official investigates and finds that site, terrain or nuisance animal conditions warrant a waiver, and the application fee is eighty-five dollars. Nuisance animals appearing as a ground for extra fence height is rare in a code and points at deer and coyote as much as at dogs. Swimming pool fences get a plan review and must be inspected.
No person shall construct, or cause to be constructed, any fence in the city without first obtaining and completing a fence plan review from the building official. A fence inspection is not required for all fence installations, but fences may be subject to inspections.
The answer turns on the height of the fence and whether a waiver is sought.
- any fence at all
- A fence plan review.
- over seven feet
- A permit from the building official. 7 ft
- site, terrain or nuisance animals
- A variance, for eighty-five dollars.
- a swimming pool fence
- Plan review and an inspection.
Also on permits in St. Paul
- 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 St. Paul
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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 St. Paul 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 St. Paul
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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 St. Paul 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 St. Paul
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St. Paul answers this, but the answer changes depending on whether there is a sidewalk.
The height rule in St. Paul names its own starting point rather than leaving it to a definitions section. A residential fence may be no more than seven feet in height above the sidewalk or finished grade, so on a lot that sits above or below the walk the sidewalk is the reference where there is one and the finished grade where there is not. The corner rule uses the same idea and says so separately, measuring the two foot limit from sidewalk grade. Naming the sidewalk matters in a city where boulevards often slope up from the walk to the house, because a fence measured from the yard rather than the walk would stand taller as seen by anyone passing. What the section does not do is say how to handle a fence on a berm, on a retaining wall, or on ground that has been built up, and it gives no allowance for a post cap standing above the top rail.
fences must be no more than seven (7) feet in height above the sidewalk or finished grade
The answer turns on whether there is a sidewalk.
- a lot with a sidewalk
- Measured from the sidewalk.
- a lot without one
- Measured from the finished grade.
- a corner triangle
- Two feet from sidewalk grade.
- a berm or a retaining wall
- Not addressed.
Also on how height is measured in St. Paul
- 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 St. Paul
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St. Paul answers this, but the answer changes depending on how open the fence is.
On a corner lot at two intersecting streets in a residential zoning district, nothing may stand above two feet from sidewalk grade inside the triangular area formed by ten feet measured along each lot line from the corner, unless the structure is more than eighty percent open. The eighty percent figure is the part worth noticing. Two feet is low enough to rule out any ordinary fence, but a wrought iron or widely spaced picket fence that lets four fifths of the light through may run straight through the triangle at full height, so the rule is written about what a driver can see through rather than about what is in the way. Ten feet along each leg is a small triangle by the standards of this set, where twenty five and forty feet are common, which fits a city of narrow lots and boulevard sidewalks. A variance of the corner clearance rules is available from the building official on the same terms as a height variance.
On a corner lot at two (2) intersecting streets in a residential zoning district, no fence, wall or other structure is allowed above a height of two (2) feet from sidewalk grade in the triangular area of the lot included within ten (10) feet of the corner along each lot line unless the structure is more than eighty (80) percent open.
The answer turns on how open the fence is.
- a solid fence at the corner
- Two feet. 2 ft
- a fence more than eighty percent open
- The limit does not apply. 80%
- the triangle
- Ten feet along each lot line. 10 ft
Also on corner visibility in St. Paul
- 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 St. Paul
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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 St. Paul 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 St. Paul
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St. Paul answers this, but the answer changes depending on the material and where the fence stands.
No barbed wire fence may be built inside the city limits, except at police and correction facilities, unless four conditions are met, and the conditions go further than any other city in this set. The fence may not be built in or abut a residentially zoned district or a lot occupied residentially. Not more than three strands may sit on top of a fence, the arms may not project over public property, and the bottom strand has to be at least six feet from finished grade. An application has to be made to the building official. And a certificate of insurance indemnifying the City of Saint Paul has to be submitted with it, approved by the city attorney as to form and in the amount set by state law, with a forty-nine dollar annual registration fee paid when the certificate is renewed each year. No aboveground electric fence may be built anywhere in the city except at Como Zoo for containing zoo animals. The selvage end of a chain link or metal fence has to be smooth, and knuckled ends are allowed where twisted ends are not.
A certificate of insurance indemnifying the City of Saint Paul shall be submitted with the application subject to the approval of the city attorney as to form and in an amount as set forth in Minn. Stats. § 466.04.
The answer turns on the material and where the fence stands.
- barbed wire
- Insurance, an application and a yearly fee. 3 strands
- barbed wire near housing
- Never in or abutting a residential lot.
- an aboveground electric fence
- Only at Como Zoo.
- a chain link top
- Knuckled ends yes, twisted ends no.
Also on materials in St. Paul
- 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 St. Paul
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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 St. Paul 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 St. Paul
- 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 St. Paul 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 Saint PaulSaint Paul Legislative Code, Title VI, Chapter 33, Section 33.07, Fences, Requirements
- 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 St. Paul 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