Fence laws in Texas
What Texas 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.
Texas fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Agric. Code 143.122 |
| Fence height | Silent | no figure | Agric. Code ch. 143 |
| Permits | Stated | no figure | Local Gov't Code 214.212(a) |
| Pool barriers | Stated | 48 in | Health & Safety Code 757.003(b) |
| Spite fences | Silent | no figure | Agric. Code ch. 143 |
| 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 | Not researched yet | no figure | none |
Fence laws in Texas, question by question
Who owns the fence between two properties in Texas?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Texas sets no statewide rule for splitting the cost of a fence on a boundary. What the Agriculture Code does say is that a joint owner of a dividing fence cannot pull it out without the other owner agreeing, and that a person who wants to detach a fence from a neighbor fence has to give six months of written notice first. The notice goes to the owner of the attached fence or to that person's agent, attorney, or lessee.
A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation.
How tall can a fence be in Texas?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Texas sets no statewide limit on residential fence height. The fence chapter of the Agriculture Code gives heights only for keeping animals in or out, such as a five foot fence around cleared land in cultivation. Height for a home fence is set by municipal ordinance.
Documents read before writing that:
- Agric. Code ch. 143Texas Legislature
- Local Gov't Code ch. 214Texas Legislature
Do I need a permit for a fence in Texas?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Texas adopted the International Residential Code as it stood on May 1, 2012 as the residential building code for every city in the state. The permit exemption for a fence therefore comes from that model code rather than from a Texas statute. Cities keep the power to write local amendments that add, change or drop requirements, so the exemption line can differ from one city to the next.
To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2012, is adopted as a municipal residential building code in this state.
Pool fence requirements in Texas
StatedThe code gives a plain answer, and the line it appears on is quoted.
The Texas pool yard enclosure law sets a 48 inch minimum height, measured from the ground on the side away from the pool. It reaches a narrow set of pools. Section 757.002 applies the chapter only to a pool owned or run by the owner of a multiunit rental complex or by a property owners association, so a pool at a single family home is outside it and falls to city ordinance instead.
The height of the pool yard enclosure must be at least 48 inches as measured from the ground on the side away from the pool.
Health & Safety Code 757.003(b)
48 inpool yard enclosure at a multiunit rental complex or property owners association pool
Spite fence laws in Texas
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Texas has no spite fence statute. The fence chapter of the Agriculture Code covers livestock, cultivated land and the removal of joined fences, and says nothing about a fence built to bother a neighbor. The building code chapter of the Local Government Code is also silent on it, which leaves the question to common law nuisance claims and to city ordinances.
Documents read before writing that:
- Agric. Code ch. 143Texas Legislature
- Local Gov't Code ch. 214Texas Legislature
How fence height is measured in Texas
Not researched yet for Texas. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Texas
Not researched yet for Texas. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Texas
Not researched yet for Texas. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Texas
Not researched yet for Texas. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Texas
Not researched yet for Texas. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
3 documents, each read on the date shown. Nothing on this page rests on a summary of one.
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