Fence laws in Rhode Island
What Rhode Island 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.
Rhode Island fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | R.I. Gen. Laws 34-10-10 |
| Fence height | Silent | no figure | R.I. Gen. Laws ch. 34-10 |
| Permits | Statedone and two family dwellings | 6 ft | 510-RICR-00-00-2, R105.2 |
| Pool barriers | Delegated | no figure | 510-RICR-00-00-14, 14.2(A) |
| Spite fences | Stated | 6 ft | R.I. Gen. Laws 34-10-20 |
| 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 | Stated | no figure | R.I. Gen. Laws 34-10-2 |
| Agricultural fencing | Stated | 11 strands | R.I. Gen. Laws 34-10-1 |
Fence laws in Rhode Island, question by question
Who owns the fence between two properties in Rhode Island?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Rhode Island splits a partition fence between two pieces of land that are both under improvement. Each side makes and keeps up half of it, and the halves have to match in length and in quality.
Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality, by the proprietors or possessors of those lands respectively.
Also on fences on the property line in Rhode Island
- StatedA partition fence in Rhode Island runs on the dividing line itself, and each owner may put half of its width on their own side. The statute also says the fence is kept in good order through the whole year unless the two sides agree on something else. R.I. Gen. Laws 34-10-9Rhode Island · Statute
- StatedRhode Island covers the case where one side builds the whole fence because the land next door is not being used. Nothing is owed at the time. When the neighboring land is improved later, that owner pays for half the fence at what it is worth then, and keeps up that half from that point on whether the land stays in use or not. R.I. Gen. Laws 34-10-11Rhode Island · Statute
- StatedRhode Island towns still have fence viewers, and a neglected partition fence goes to one of them. The fence viewer gives ten days notice, comes out and looks, and if the complaint is true orders the work done within a set time that cannot run past fifteen days. A copy of that order is filed with the town clerk. R.I. Gen. Laws 34-10-15Rhode Island · Statute
- StatedWhen one side refuses to pay, the fence viewer values the whole fence, awards half the value against the side that refused, divides the fence between the two of them and files the division with the town clerk. That division is permanent. An unpaid award is collected by an action of debt. R.I. Gen. Laws 34-10-13Rhode Island · Statute
How tall can a fence be in Rhode Island?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Rhode Island sets no statewide cap on residential fence height. The fence chapter uses six feet only as the point where a malicious fence becomes a nuisance, and the state dwelling code uses six feet only as the point where a permit starts being required. Neither one forbids a taller fence. Height itself is set by municipal zoning.
Documents read before writing that:
- R.I. Gen. Laws ch. 34-10Rhode Island General Assembly
- 510-RICR-00-00-2Rhode Island Building Code Standards Committee
Do I need a permit for a fence in Rhode Island?
StatedThe code gives a plain answer, and the line it appears on is quoted.
The Rhode Island One and Two-Family Dwelling Code replaces IRC section R105.2 with its own list of work that needs no permit, and fences not over six feet high are on that list. The same list exempts retaining walls up to thirty two inches and prefabricated pools under twenty four inches deep. Being exempt from the permit does not excuse work that breaks another rule.
Fences not over six feet (6’) (1829 mm) high.
6 ftfence that needs no building permit
Also on permits in Rhode Island
- StatedRhode Island took building code authority away from its cities and towns when the state building code came in on July 1, 1977. Local building codes and ordinances stayed alive until that date and no town may enact one after it. That is why the six foot fence exemption is the same in every Rhode Island town rather than one rule among thirty nine. R.I. Gen. Laws 23-27.3-100.1.7Rhode Island · Statute
Pool fence requirements in Rhode Island
DelegatedThe code hands the question to a department standard that is not printed in the code.
Rhode Island has a swimming pool and spa code, and its content is the International Swimming Pool and Spa Code, 2021 edition, adopted by reference with state amendments. The barrier rules for a pool are in that model code. The ICC holds the copyright and the state regulation links to the ICC site to read or buy it, so the barrier height is not printed in Rhode Island law.
The Building Code Standards Committee hereby adopts and incorporates as the Rhode Island Swimming Pool and Spa Code the provisions of the International Swimming Pool and Spa Code (ISPSC), 2021 edition, as published by the International Code Council, Inc. (ICC)
The code hands this to International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council, which is not published in the code itself.
Spite fence laws in Rhode Island
StatedThe code gives a plain answer, and the line it appears on is quoted.
Rhode Island treats a fence as a private nuisance when it unnecessarily goes over six feet high and is put up or kept up out of malice to annoy the people next door. A structure that is not a fence but works like one counts the same. The neighbor whose comfort or enjoyment is hurt by it can sue for damages. Both parts have to be present, the height and the malice, so a tall fence with an ordinary reason behind it is not covered.
A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6′) in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance
6 ftheight above which a malicious fence is a nuisance
How fence height is measured in Rhode Island
Not researched yet for Rhode Island. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Rhode Island
Not researched yet for Rhode Island. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Rhode Island
Not researched yet for Rhode Island. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Rhode Island
StatedThe code gives a plain answer, and the line it appears on is quoted.
Barbed wire on a line fence in Rhode Island takes written consent from the adjoining owners. The rule applies to a fence made wholly or partly of barbed wire. Later sections in the same chapter deal with removing barbed wire and who pays for the removal.
No fence shall be constructed wholly or in part of barbed wire, as a line fence between adjoining owners, without the consent in writing of the adjoining owners.
Livestock and boundary fence law in Rhode Island
StatedThe code gives a plain answer, and the line it appears on is quoted.
Rhode Island lists seven kinds of lawful fence and gives each one a build. A woven wire fence takes wire no lighter than number nine on posts no more than sixteen feet apart, at least eleven horizontal wires, the top wire at least fifty four inches off the ground and the bottom wire no more than two inches off it, with stays no more than six inches apart. A stone wall stands four feet with a capping stone or rail, or four and one half feet without one, and anything not on the list has to reach four and one half feet.
A woven wire fence of wire not less than number nine, firmly fastened to posts not more than sixteen feet (16′) apart, constructed of not less than eleven (11) horizontal wires
11 strandswoven wire lawful fence
Documents behind this page
12 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-10
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-9
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-11
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-15
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-13
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Fences
- Rhode Island Building Code Standards CommitteeRhode Island One and Two-Family Dwelling Code, 510-RICR-00-00-2
- Rhode Island General AssemblyRhode Island General Laws, Title 23, Chapter 27.3, Section 23-27.3-100.1.7
- Rhode Island Building Code Standards CommitteeRhode Island Swimming Pool and Spa Code, 510-RICR-00-00-14
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-20
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-2
- Rhode Island General AssemblyRhode Island General Laws, Title 34, Chapter 10, Section 34-10-1
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