Fence laws in Oklahoma
What Oklahoma 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.
Oklahoma fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | 60 O.S. § 70 |
| Fence height | Silent | no figure | 60 O.S. § 70 |
| Permits | Stated | no figure | 59 O.S. § 1000.23 |
| Pool barriers | Stated | 6 ft | OAC 310:315-7-2(c)(1)(A) |
| Spite fences | Silent | no figure | 60 O.S. §§ 69 to 78 |
| 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 | 54 in | 4 O.S. § 154 |
Fence laws in Oklahoma, question by question
Who owns the fence between two properties in Oklahoma?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Oklahoma treats a boundary fence as a shared duty. Neighbors whose land touches are bound equally to keep up the markers and the fence between them. One of them can step out of that duty by leaving the land open as a public common. If that land is later enclosed, a fair share of the value of the division fence the other neighbor built has to be paid back.
Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them. 2. The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.
How tall can a fence be in Oklahoma?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Oklahoma sets no statewide limit on residential fence height. The property title on boundary fences deals with shared upkeep, not size. The building code statute hands code adoption to a state commission and lets cities and counties go stricter, without naming a fence height. The only height in Oklahoma fence law is the 54 inch livestock fence standard, which defines a lawful fence for stray animals rather than capping a yard fence. Height limits for homes come from city and county ordinances.
Documents read before writing that:
- 60 O.S. § 70Oklahoma Legislature
- 59 O.S. §§ 1000.20 to 1000.29Oklahoma Legislature
Do I need a permit for a fence in Oklahoma?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Oklahoma puts code adoption in the hands of one state body. The Oklahoma Uniform Building Code Commission reviews and adopts the codes and standards for homes and commercial buildings, and what it adopts is the minimum standard across the state. Cities, counties and state agencies follow those minimums and may enact stricter rules of their own. The statute itself names no fence permit exemption.
The Oklahoma Uniform Building Code Commission shall have the power and the duty to review and adopt all codes and standards for residential and commercial construction to be used by all entities within this state. Codes and standards adopted by the Commission shall be the minimum standards for residential and commercial construction in this state.
Pool fence requirements in Oklahoma
StatedThe code gives a plain answer, and the line it appears on is quoted.
The Oklahoma State Department of Health sets barrier rules for public bathing places. An outdoor pool open to the public is enclosed by a barrier equal to a 6 foot high woven wire fence. An outdoor pool that is not open to the general public uses a barrier at least 4 feet tall, entered only through self closing and self latching gates, and it cannot block a clear view of the water. Decorative barriers cannot have open spaces wider than 4 inches, and no barrier may be built so it forms a ladder.
Outdoor pools open to general public such as municipal pools and pools used by organizations (YWCA, YMCA, etc.), shall be enclosed by a suitable barrier equal to a six (6) foot high woven wire fence.
6 ftbarrier height around an outdoor public bathing place open to the general public
Spite fence laws in Oklahoma
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Oklahoma has no spite fence statute. The property title that covers boundary fences says nothing about a fence built to annoy, and it sets no height trigger. The nuisance title has no fence rule either. A spite fence claim in Oklahoma runs through the general private nuisance law and through court decisions, not a dedicated statute.
Documents read before writing that:
- 60 O.S. §§ 69 to 78Oklahoma Legislature
- 50 O.S. §§ 1 to 44Oklahoma Legislature
How fence height is measured in Oklahoma
Not researched yet for Oklahoma. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Oklahoma
Not researched yet for Oklahoma. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Oklahoma
Not researched yet for Oklahoma. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Oklahoma
Not researched yet for Oklahoma. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Oklahoma
StatedThe code gives a plain answer, and the line it appears on is quoted.
Oklahoma defines a lawful fence for livestock by statute. A rail or board fence stands 54 inches high, with the bottom rail no more than 20 and no less than 16 inches off the ground. A barbed wire fence may run three barbed wires, or four wires with two of them barbed, and the top wire sits between 54 and 58 inches. Fence viewers may accept any other fence they judge equal to that. A landowner who leaves land open as a common is not made to pay for a partition fence until the land is enclosed or put to another use.
Provided, that the lowest or bottom rail, wire or board shall not be more than twenty (20) or less than sixteen (16) inches from the ground, and that such fence shall be fifty-four (54) inches in height, except that a barb wire fence may consist of three barb wires, or four wires, two of which shall be barbed
54 inheight of a lawful fence for restraining livestock
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Oklahoma LegislatureOklahoma Statutes, Title 60, Property, Section 70
- Oklahoma LegislatureOklahoma Statutes, Title 59, Professions and Occupations, Sections 1000.20 to 1000.29, Oklahoma Uniform Building Code Commission Act
- Oklahoma State Department of HealthOklahoma Administrative Code Title 310, Chapter 315, Public Bathing Place Facility Standards, permanent final adoption
- Oklahoma LegislatureOklahoma Statutes, Title 50, Nuisances, Sections 1 to 44
- Oklahoma LegislatureOklahoma Statutes, Title 4, Animals, Section 154
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