All 50 states and DC
Spite fence laws by state
A spite fence is one built to annoy the neighbors rather than to serve any purpose of its own. About twenty states have a statute on it. Those statutes split into two families, and knowing which one a state belongs to changes the case completely. Some set a height that raises the question, so a fence under it is safe whatever the motive. Others state no height and turn entirely on proving intent, which means a tall fence with an ordinary reason is fine and a short one built out of malice is not.
Spite fence laws by state, state by state
12 set a rule in state law, 38 were checked and say nothing. Every row links the state page and the document behind it.
| State | What the record says | Height trigger | Citation |
|---|---|---|---|
| Alabama | no rule, documents checkedAlabama has no spite fence law. | none stated | Ala. Code 35-7-1 |
| Alaska | no rule, documents checkedAlaska has no spite fence law. | none stated | AS 09.45.230 |
| Arizona | no rule, documents checkedArizona has no spite fence law. | none stated | A.R.S. Title 3 |
| Arkansas | no rule, documents checkedArkansas has no spite fence law. | none stated | Ark. Code Title 2, Chapter 39, as amended by Act 594 of 2023 |
| California | set in state lawA fence over ten feet tall in California is a private nuisance when it was put up or kept there to annoy th... | 10 ft | Civ. Code 841.4 |
| Colorado | no rule, documents checkedColorado has no state law about a fence built to annoy a neighbor. | none stated | C.R.S. 35-46-101 to 35-46-115 |
| Connecticut | set in state lawConnecticut lets a landowner sue the neighbor next door over a structure built out of spite. | none stated | Conn. Gen. Stat. 52-570 |
| Delaware | no rule, documents checkedDelaware has no spite fence law. | none stated | 25 Del. C. ch. 13 |
| District of Columbia | no rule, documents checkedDC has no spite fence law. | none stated | D.C. Code tit. 42, subtit. VI |
| Florida | no rule, documents checkedFlorida has no spite fence law. | none stated | Fla. Stat. ch. 588 |
| Georgia | no rule, documents checkedNo spite fence rule was found in Georgia's statewide codes. | none stated | Ga. Comp. R. & Regs. r. 110-11-1-.25 |
| Hawaii | no rule, documents checkedHawaii has no spite fence law. | none stated | HRS 664-21 through 664-26 |
| Idaho | no rule, documents checkedIdaho has no spite fence law. | none stated | Idaho Code tit. 35, ch. 1 |
| Illinois | no rule, documents checkedIllinois has no spite fence law. | none stated | 765 ILCS 130/3 |
| Indiana | set in state lawIndiana has a spite fence law with a chapter to itself. | 6 ft | IC 32-26-10-1 |
| Iowa | no rule, documents checkedIowa has no spite fence law. | none stated | Iowa Code ch. 359A |
| Kansas | no rule, documents checkedKansas has no spite fence law. | none stated | K.S.A. Chapter 29 |
| Kentucky | no rule, documents checkedKentucky has no spite fence law. | none stated | KRS Chapter 256 |
| Louisiana | no rule, documents checkedLouisiana has no spite fence law. | none stated | La. Civ. Code Art. 667 |
| Maine | set in state lawA fence in Maine counts as a private nuisance when it goes over six feet for no reason and is kept there on... | 6 ft | 17 M.R.S. 2801 |
| Maryland | no rule, documents checkedMaryland has no spite fence law. | none stated | Md. Code, Local Gov’t § 10-318 |
| Massachusetts | set in state lawMassachusetts has a spite fence law, and it is the best known one in the country. | 6 ft | M.G.L. c. 49, § 21 |
| Michigan | no rule, documents checkedMichigan has no spite fence law. | none stated | MCL 43.53 |
| Minnesota | set in state lawMinnesota counts a spite fence as a private nuisance. | none stated | Minn. Stat. 561.02 |
| Mississippi | Not read yet | none stated | none |
| Missouri | no rule, documents checkedMissouri has no spite fence law. | none stated | RSMo ch. 272 |
| Montana | no rule, documents checkedMontana has no spite fence law. | none stated | MCA 27-30-101 |
| Nebraska | no rule, documents checkedNebraska has no spite fence law. | none stated | Neb. Rev. Stat. ch. 34 |
| Nevada | no rule, documents checkedNevada has no spite fence law and no height that makes a fence a legal wrong on its own. | none stated | NRS 40.140 |
| New Hampshire | set in state lawNew Hampshire has a spite fence law with a number in it. | 5 ft | RSA 476:1 |
| New Jersey | no rule, documents checkedNew Jersey has no statewide spite fence law. | none stated | N.J.S.A. 4:20-7 |
| New Mexico | no rule, documents checkedNew Mexico has no spite fence statute. | none stated | NMSA 1978 Sections 77-16-1 to 77-16-9 |
| New York | set in state lawNew York has a spite fence law with a ten foot trigger. | 10 ft | RPAPL 843 |
| North Carolina | no rule, documents checkedNorth Carolina has no spite fence law. | none stated | N.C.G.S. ch. 68 |
| North Dakota | no rule, documents checkedNorth Dakota has no spite fence law. | none stated | N.D.C.C. ch. 42-01 |
| Ohio | no rule, documents checkedOhio has no spite fence law. | none stated | ORC ch. 971 |
| Oklahoma | no rule, documents checkedOklahoma has no spite fence law. | none stated | 60 O.S. §§ 69 to 78 |
| Oregon | no rule, documents checkedOregon has no spite fence law. | none stated | ORS Chapter 96 |
| Pennsylvania | no rule, documents checkedPennsylvania has no spite fence law. | none stated | 34 Pa. Code 403.62 |
| Rhode Island | set in state lawRhode Island calls a fence a private nuisance when it goes over six feet tall with no need to and is put up... | 6 ft | R.I. Gen. Laws 34-10-20 |
| South Carolina | no rule, documents checkedSouth Carolina has no spite fence law. | none stated | S.C. Code Title 27 |
| South Dakota | no rule, documents checkedSouth Dakota has no spite fence law. | none stated | SDCL 21-10-1 |
| Tennessee | no rule, documents checkedTennessee has no spite fence law. | none stated | T.C.A. Title 44, Chapter 8 |
| Texas | no rule, documents checkedTexas has no law about spite fences. | none stated | Agric. Code ch. 143 |
| Utah | no rule, documents checkedUtah has no spite fence law. | none stated | Utah Code 4-26-101 through 4-26-104 |
| Vermont | set in state lawVermont bans the spite fence outright instead of calling it a nuisance. | none stated | 24 V.S.A. 3817 |
| Virginia | no rule, documents checkedVirginia has no spite fence law. | none stated | Va. Code §§ 55.1-2800 through 55.1-2841 |
| Washington | set in state lawA Washington court can stop a structure built out of spite. | none stated | RCW 7.40.030 |
| West Virginia | no rule, documents checkedWest Virginia has no spite fence law. | none stated | W. Va. Code 19-17-1 through 19-17-11 |
| Wisconsin | set in state lawWisconsin has a spite fence law and it covers hedges as well as fences. | 6 ft | Wis. Stat. § 844.10 |
| Wyoming | no rule, documents checkedWyoming has no spite fence law. | none stated | W.S. 6-6-201 through 6-6-209 |
The other nine questions
A fence rule usually turns on more than one of these, and the answer to one does not settle another.
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 each state page carries the date its documents were read. How findings are made · What the terms mean · Browse by state