Fence laws in Brownsville, Texas
What the Brownsville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Brownsville sets no rule of its own, the Texas rule is shown in its place and marked as such.
Fence laws in Brownsville, Texas, question by question
The short version
- Who pays on the line
- Where an animal production, ranching or animal related service use sits on a lot next to a residential or agricultural zoned lot, Brownsville requires a screening fence or wall along the line the two share.
- How tall
- Inside the planned development districts Brownsville writes the fence rule into the building type table rather than into a fence chapter. The figure is 6 feet, for privacy fence along a side or rear property line in a planned development district. It reaches detached residential building types in the planned development districts only.
- Permits
- Texas has no fence permit rule of its own.
- Pool barriers
- Texas requires a 48 inch fence around some pools, measured from the ground on the outside of the fence. The figure is 48 inches, for pool yard enclosure at a multiunit rental complex or property owners association pool.
- Spite fences
- Brownsville has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Brownsville leaves the measuring rule to the governing body of a municipality.
- Corner lots
- Brownsville protects a band of air rather than a flat area, and the answer turns on whether the intersection is street to street, street to alley, or a driveway meeting a street. The figure is 25 feet, for each leg of the triangle where two streets meet.
- Retaining walls
- Brownsville leaves retaining walls to the International Residential Code as it existed on May 1, 2012, published by the International Code Council, plus any local amendment a city adopts by ordinance.
- Materials
- Texas only says what a fence has to be made of inside a county or area that has voted to stop animals roaming loose. The figure is 3 strands, for a sufficient barbed wire fence. It reaches counties or areas that have voted to stop animals running at large only.
- Livestock
- Texas says what a farm fence has to look like. The figure is 4 feet, for minimum height of a sufficient fence under the stock law. It reaches counties and areas that have adopted the local option stock law under Subchapter B only.
Who owns the fence between two properties in Brownsville?
Compare fences on the property line across all 50 states
Brownsville answers this in its own law. The words that do it are quoted below.
Where an animal production, ranching or animal related service use sits on a lot next to a residential or agricultural zoned lot, Brownsville requires a screening fence or wall along the line the two share. The obligation attaches to the use rather than to the lot, so it arrives when the use does and it runs the full length of the common boundary.
Whenever an Animal Production and Ranching or Animal Related Service Use is located on a lot abutting an R or AG zoned lot, a screening fence or wall must be provided along the common property line.
4.2, use standards, Animal Production and Ranching
Also on fences on the property line in Brownsville
- set in state lawTexas 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. Agric. Code 143.122Texas · Statute
How tall can a fence be in Brownsville?
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Brownsville answers this in its own law. The words that do it are quoted below.
Inside the planned development districts Brownsville writes the fence rule into the building type table rather than into a fence chapter. For a detached house the entry allows a privacy fence along the side and rear property lines at five to six feet, and does not allow one in the front yard at all. A cottage row entry goes further and requires a privacy fence at the same height to screen alley loaded parking, so there the fence is a condition of the parking rather than a choice.
Privacy fence allowed along the side and rear property lines, but not in the front yard 5-6' high min.
4.2.6, building type standards
6 ftprivacy fence along a side or rear property line in a planned development district
Also on fence height in Brownsville
- no rule, documents checkedTexas does not limit how tall a fence at a house can be. The only heights in state law are for farm fences, such as the five foot fence required around cropland. For a fence at a house, the city sets the limit. Agric. Code ch. 143Texas · Statute
Do I need a permit for a fence in Brownsville?
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Texas answers this in its own law. The words that do it are quoted below.
Texas has no fence permit rule of its own. Instead it made one national code, the International Residential Code as it stood on May 1, 2012, the building code for every city in the state. So the permit rule for a fence comes from that code and not from a Texas statute. Cities can then change it, which is why the answer differs from one city to the next.
This one is Texas law, not Brownsville law. All Texas findings
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 Brownsville
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Texas answers this in its own law. The words that do it are quoted below.
Texas requires a 48 inch fence around some pools, measured from the ground on the outside of the fence. It does not cover most homes. Section 757.002 applies the law only to a pool run by the owner of an apartment complex or by a property owners association. A pool at a single family home is not covered, and the city rule applies there instead.
This one is Texas law, not Brownsville law. All Texas findings
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 Brownsville
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Brownsville law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Texas has no law about spite fences. Both chapters that could hold one were read start to finish. The fence chapter of the Agriculture Code covers livestock and farm land. The building chapter of the Local Government Code covers permits. Neither one mentions a fence built to bother a neighbor. That leaves a nuisance lawsuit or a city ordinance.
This one is Texas law, not Brownsville law. All Texas findings
Documents read before writing that:
- Agric. Code ch. 143Texas Legislature
- Local Gov't Code ch. 214Texas Legislature
How fence height is measured in Brownsville
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Brownsville does not set this. It leaves it to the governing body of a municipality.
Texas gives two fence heights and never says where to measure from. A farm fence around cropland has to be five feet tall. A farm fence under the stock law has to be four feet. The word ground does not appear anywhere in that chapter. For a fence at a house, Chapter 211 of the Local Government Code lets the city set the height rule, so the city decides how it is measured too.
This one is Texas law, not Brownsville law. All Texas findings
The governing body of a municipality may regulate: (1) the height, number of stories, and size of buildings and other structures;
Tex. Loc. Gov't Code 211.003(a)(1)
The code hands this to the governing body of a municipality, which is not published in the code itself.
Fence rules for corner lots in Brownsville
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Brownsville answers this, but the answer changes depending on whether the intersection is street to street, street to alley, or a driveway meeting a street.
Brownsville protects a band of air rather than a flat area. The sight visibility triangle has to stay open between thirty inches and eight feet above the top of the adjacent curb, and signs, plantings and fences are all named. Below thirty inches and above eight feet the space is free. The legs run twenty five feet where two streets meet and fifteen feet at an alley or a driveway. The triangle is drawn as an easement on plats, and the city engineer can shrink or enlarge it for a particular site, with any increase calculated to the AASHTO geometric design policy.
The Sight Visibility Triangle shall remain open and completely unobstructed at a height between thirty (30) inches and eight (8) feet above the top of the adjacent curb. This includes signage, plantings, fences, or any other items.
The answer turns on whether the intersection is street to street, street to alley, or a driveway meeting a street.
- two streets meeting
- Twenty five feet along each leg. 25 ft
- a street meeting an alley
- Fifteen feet along each leg. 15 ft
- a driveway meeting a street
- Fifteen feet along each leg. 15 ft
Also on corner visibility in Brownsville
- left to the townTexas has a whole chapter about seeing around corners, and it does not reach fences. Chapter 255 lets a county set the sight distance at an intersection on a county road outside city limits, and ban anything that blocks the view. But that ban covers plants, loose dirt and other items, not a building or structure fixed to the ground. A fence is fixed to the ground, so a county order under this chapter does not apply to it. Inside a city, the city decides. Tex. Transp. Code 255.002Texas · Traffic code
Retaining wall rules in Brownsville
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Brownsville does not set this. It leaves it to the International Residential Code as it existed on May 1, 2012, published by the International Code Council, plus any local amendment a city adopts by ordinance.
Texas has no rule of its own for a wall that holds back earth. It made the International Residential Code, as that code stood on May 1, 2012, the building code for every city in the state, and it does not print any of that code's text. So whatever that edition says about a retaining wall is what applies in Texas. Cities can change it after a public hearing, which is why the rule differs from one city to the next.
This one is Texas law, not Brownsville law. All Texas findings
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.
Tex. Loc. Gov't Code 214.212(a)
The code hands this to the International Residential Code as it existed on May 1, 2012, published by the International Code Council, plus any local amendment a city adopts by ordinance, which is not published in the code itself.
Fence materials allowed in Brownsville
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Texas answers this in its own law. The words that do it are quoted below.
Texas only says what a fence has to be made of inside a county or area that has voted to stop animals roaming loose. There a fence works if it keeps out the animals that are still allowed to roam, and the law gives four ways to build one. Barbed wire takes three wires on posts no more than thirty feet apart, with a stay between each pair. Pickets go no more than six inches apart. Boards take three boards. Rails take four. All four have to stand at least four feet tall. Barbed wire is allowed outright, and voters in an area can decide that three barbed wires on their own are enough.
This one is Texas law, not Brownsville law. All Texas findings
a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts
3 strandsa sufficient barbed wire fence
Livestock and boundary fence law in Brownsville
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Texas answers this in its own law. The words that do it are quoted below.
Texas says what a farm fence has to look like. It has to be at least four feet tall, and there are four ways to build one. Barbed wire takes three wires on posts no more than thirty feet apart, with at least one stay between each pair of posts. Pickets have to be no more than six inches apart. Boards take three boards, each at least five inches wide and one inch thick. Rails take four rails.
This one is Texas law, not Brownsville law. All Texas findings
In order to be sufficient, a fence must be at least four feet high and comply with the following requirements: (1) a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts; (2) a picket fence must consist of pickets that are not more than six inches apart;
4 ftminimum height of a sufficient fence under the stock law
Also on agricultural fencing in Brownsville
- depends, see the pageTexas has no single answer for who has to build the fence. Each county votes on it, and an area inside a county can vote on its own. The vote decides whether the animals it names are allowed to roam loose, and it only applies where the vote was held. Agric. Code 143.024(a)Texas · Statute
- set in state lawIn a county that has not voted, the farmer builds the fence, not the animal owner. Anyone farming or gardening cleared land has to put up a fence at least five feet tall that hogs cannot get through. Agric. Code 143.001Texas · Statute
Documents behind this page
7 documents, of which 2 were published by Brownsville itself. Each was read on the date shown.
- Texas LegislatureTexas Agriculture Code, Chapter 143, Subchapter F, Removal of Adjoining Fences
- City of BrownsvilleCode of Ordinances, Article 4, Zoning Regulations
- Texas LegislatureTexas Local Government Code, Chapter 214, Municipal Regulation of Housing and Other Structures
- Texas LegislatureTexas Health and Safety Code, Chapter 757, Pool Yard Enclosures
- Texas LegislatureTexas Local Government Code, Title 7, Chapter 211, Municipal Zoning Authority
- Texas LegislatureTexas Transportation Code, Title 6, Subtitle C, Chapter 255, County Regulation of Sight Distances
- City of BrownsvilleCode of Ordinances, Article 5, Supplemental Regulations
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 Brownsville publishes, plus the Texas rules that apply where the city sets none. Fence laws in Texas 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