Fence laws in Missouri
What Missouri statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Missouri fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | RSMo § 272.060 |
| Fence height | Silent | no figure | RSMo ch. 272 |
| Permits | Stated | no figure | RSMo § 67.280 |
| Pool barriers | Silent | no figure | RSMo ch. 701 |
| Spite fences | Silent | no figure | RSMo ch. 272 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Stated | 4 ft | RSMo § 272.020 |
Fence laws in Missouri, question by question
Who owns the fence between two properties in Missouri?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Missouri starts a division fence with written notice to the neighbor. The two owners then meet and each builds or repairs the half of the fence on their own right hand side, judged by standing at the center of the shared line on their own land and facing the fence. Where they cannot agree, an associate circuit judge appoints viewers to apportion the cost.
Whenever the owner of real estate desires to construct or repair a lawful fence, as defined by section 272.020, which divides his or her land from that of another, such owner shall give written notice of such intention to the adjoining landowner.
Also on fences on the property line in Missouri
- StatedMissouri says what happens when one side does not build its half. If either party fails to build or repair its portion within a reasonable time, the other may petition the associate circuit court for permission to do the work in a manner the court directs. The petitioner then gets a judgment against the other party for that party's share of the total cost, plus court costs and reasonable attorney fees, and the judgment is a lien on that party's real estate. RSMo § 272.070Missouri · Statute
- StatedMissouri also covers the case where only one neighbor wants a fence. That neighbor may build the whole thing and report the total cost to the associate circuit judge, who authorizes the cost to be recorded on each deed. If the other landowner later puts livestock against that fence, the builder is reimbursed for half the construction cost, with the share worked out the way section 272.060 sets out. RSMo § 272.132Missouri · Statute
- StatedThe duty in Missouri does not stop once the fence is up. Anyone owning part of a division fence keeps that part in good repair to the standard set by Chapter 272. The same section carries a right of entry: the person doing the repair may go onto the land next door for that purpose. RSMo § 272.110Missouri · Statute
How tall can a fence be in Missouri?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri sets no statewide limit on residential fence height. Chapter 272 defines a lawful fence in terms of keeping livestock in, not in terms of a maximum height for a yard fence, and Missouri has no statewide residential building code that could add one. Height is a city or county zoning matter.
Documents read before writing that:
- RSMo ch. 272Missouri Revisor of Statutes
- RSMo ch. 701Missouri Revisor of Statutes
Do I need a permit for a fence in Missouri?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Missouri hands the building code job to local government by statute instead of running one from the capital. A county, a fire protection district or a municipality that otherwise has power to pass such an ordinance may adopt a code by reference, without printing it in full, as long as the code is identified by date and source. One copy sits with the community clerk, open to the public, for ninety days before the adopting ordinance passes, and the ordinance states its own penalty rather than borrowing one from the code. The codes this covers are limited to building construction and occupancy, mechanical, plumbing and electrical work, and fire prevention.
Any community, if the community otherwise has the power under the law to adopt such an ordinance, may adopt or repeal an ordinance which incorporates by reference the provisions of any code or portions of any code, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of such code in full.
Pool fence requirements in Missouri
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri sets no statewide barrier requirement for a private home swimming pool. The only pool fencing rules in state regulation sit in the health department chapter on public bathing places and on lodging establishments, both aimed at pools open to the public. The one swimming pool mention in the statutes is a definition inside a landowner liability section, which imposes no barrier at all.
Documents read before writing that:
- RSMo ch. 701Missouri Revisor of Statutes
- RSMo § 537.348Missouri Revisor of Statutes
Spite fence laws in Missouri
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Missouri has no spite fence statute. Chapter 272 is the state fence chapter and runs from what counts as a lawful fence through division fences, repairs and local option provisions, with no section on a fence built out of malice and no height trigger anywhere in it. A malicious fence in Missouri is a general nuisance question instead.
Documents read before writing that:
- RSMo ch. 272Missouri Revisor of Statutes
- RSMo § 272.060Missouri Revisor of Statutes
How fence height is measured in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Missouri
Not researched yet for Missouri. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Missouri
StatedThe code gives a plain answer, and the line it appears on is quoted.
Missouri defines a lawful fence by build rather than by style. Posts and wire or boards at least four feet high make a lawful fence, once the adjoining landowners agree on it or the associate circuit court decides it. The posts are set firmly in the ground no more than twelve feet apart, with the wire or boards fastened securely and spaced to resist horses, cattle and similar livestock.
Any fence consisting of posts and wire or boards at least four feet high which is mutually agreed upon by adjoining landowners or decided upon by the associate circuit court of the county is a lawful fence.
4 ftminimum height of a lawful fence in Missouri
Also on agricultural fencing in Missouri
- StatedThe four foot figure in Missouri is a floor and not a ceiling. A separate section states that nothing in the fence chapter stops either adjoining landowner from building their own portion, or the neighbor's portion, beyond what the chapter requires. So Chapter 272 sets a minimum build for a lawful fence and puts no maximum on it. RSMo § 272.136Missouri · Statute
Documents behind this page
10 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.060, Division fences, rights of parties in, how determined
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.070, Duty of judge if owners disagree, apportionment of costs
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.132, Total cost of fence attributable to one landowner, when
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.110, Division fences to be kept in repair
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Fences, Enclosures and Trespassing Animals, full chapter listing
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 701, Minimum Standards for Certain Structures and Materials, full chapter listing
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 67, Section 67.280, Communities may incorporate by reference certain technical codes
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 537, Section 537.348, Definition of conditional use
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.020, Fencing requirements
- Missouri Revisor of StatutesRevised Statutes of Missouri, Chapter 272, Section 272.136, Landowner may exceed lawful fence requirements
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean