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 stated, 37 silent. Every row links the state page and the document behind it.
| State | What the record says | Height trigger | Citation |
|---|---|---|---|
| Alabama | SilentAlabama has no spite fence statute. | none stated | Ala. Code 35-7-1 |
| Alaska | SilentAlaska has no spite fence statute. | none stated | AS 09.45.230 |
| Arizona | SilentArizona has no spite fence statute. | none stated | A.R.S. Title 3 |
| Arkansas | SilentArkansas has no spite fence statute. | none stated | Ark. Code Title 2, Chapter 39, as amended by Act 594 of 2023 |
| California | StatedA fence, or a structure in the nature of a fence, that unnecessarily exceeds ten feet and is maliciously er... | 10 ft | Civ. Code 841.4 |
| Colorado | SilentColorado has no state statute about a fence built to annoy a neighbor. | none stated | C.R.S. 35-46-101 to 35-46-115 |
| Connecticut | StatedConnecticut lets a landowner sue the neighbor next door over a structure built out of spite. | none stated | Conn. Gen. Stat. 52-570 |
| Delaware | SilentDelaware has no spite fence statute. | none stated | 25 Del. C. ch. 13 |
| District of Columbia | SilentNo spite fence provision exists in the DC Official Code or in the DC Municipal Regulations. | none stated | D.C. Code tit. 42, subtit. VI |
| Florida | SilentFlorida has no spite fence statute. | none stated | Fla. Stat. ch. 588 |
| Georgia | SilentNo spite fence rule was found in Georgia's statewide codes. | none stated | Ga. Comp. R. & Regs. r. 110-11-1-.25 |
| Hawaii | SilentHawaii has no spite fence statute. | none stated | HRS 664-21 through 664-26 |
| Idaho | SilentIdaho has no spite fence statute. | none stated | Idaho Code tit. 35, ch. 1 |
| Illinois | SilentIllinois has no spite fence statute. | none stated | 765 ILCS 130/3 |
| Indiana | StatedIndiana has a spite fence statute with its own chapter. | 6 ft | IC 32-26-10-1 |
| Iowa | SilentIowa has no spite fence statute. | none stated | Iowa Code ch. 359A |
| Kansas | SilentKansas has no spite fence statute. | none stated | K.S.A. Chapter 29 |
| Kentucky | SilentKentucky has no spite fence statute. | none stated | KRS Chapter 256 |
| Louisiana | SilentLouisiana has no spite fence statute. | none stated | La. Civ. Code Art. 667 |
| Maine | StatedMaine puts the spite fence in the criminal title, under nuisances. | 6 ft | 17 M.R.S. 2801 |
| Maryland | SilentMaryland has no spite fence statute. | none stated | Md. Code, Local Gov’t § 10-318 |
| Massachusetts | StatedMassachusetts has the best known spite fence law in the country. | 6 ft | M.G.L. c. 49, § 21 |
| Michigan | SilentMichigan has no spite fence statute. | none stated | MCL 43.53 |
| Minnesota | StatedMinnesota treats a spite fence as a private nuisance. | none stated | Minn. Stat. 561.02 |
| Mississippi | Not read yet | none stated | none |
| Missouri | SilentMissouri has no spite fence statute. | none stated | RSMo ch. 272 |
| Montana | SilentMontana has no spite fence statute. | none stated | MCA 27-30-101 |
| Nebraska | SilentNebraska has no spite fence statute. | none stated | Neb. Rev. Stat. ch. 34 |
| Nevada | SilentNevada has no spite fence statute and no height that turns a fence into a legal wrong on its own. | none stated | NRS 40.140 |
| New Hampshire | StatedNew Hampshire gives the spite fence its own chapter and a hard number. | 5 ft | RSA 476:1 |
| New Jersey | SilentNew Jersey has no statewide spite fence statute. | none stated | N.J.S.A. 4:20-7 |
| New Mexico | Not read yet | none stated | none |
| New York | StatedNew York has a spite fence statute with a ten foot trigger. | 10 ft | RPAPL 843 |
| North Carolina | SilentNorth Carolina has no spite fence statute. | none stated | N.C.G.S. ch. 68 |
| North Dakota | SilentNorth Dakota has no spite fence statute. | none stated | N.D.C.C. ch. 42-01 |
| Ohio | SilentOhio has no spite fence statute. | none stated | ORC ch. 971 |
| Oklahoma | SilentOklahoma has no spite fence statute. | none stated | 60 O.S. §§ 69 to 78 |
| Oregon | SilentOregon has no statewide spite fence statute. | none stated | ORS Chapter 96 |
| Pennsylvania | SilentPennsylvania has no spite fence statute. | none stated | 34 Pa. Code 403.62 |
| Rhode Island | StatedRhode Island treats a fence as a private nuisance when it unnecessarily goes over six feet high and is put... | 6 ft | R.I. Gen. Laws 34-10-20 |
| South Carolina | SilentSouth Carolina has no spite fence statute. | none stated | S.C. Code Title 27 |
| South Dakota | SilentSouth Dakota has no spite fence statute. | none stated | SDCL 21-10-1 |
| Tennessee | SilentTennessee has no spite fence statute. | none stated | T.C.A. Title 44, Chapter 8 |
| Texas | SilentTexas has no spite fence statute. | none stated | Agric. Code ch. 143 |
| Utah | SilentUtah has no spite fence statute. | none stated | Utah Code 4-26-101 through 4-26-104 |
| Vermont | StatedVermont bans the spite fence outright rather than calling it a nuisance. | none stated | 24 V.S.A. 3817 |
| Virginia | SilentVirginia has no spite fence statute. | none stated | Va. Code §§ 55.1-2800 through 55.1-2841 |
| Washington | StatedWashington lets a court stop a structure built out of spite. | none stated | RCW 7.40.030 |
| West Virginia | SilentWest Virginia has no spite fence statute. | none stated | W. Va. Code 19-17-1 through 19-17-11 |
| Wisconsin | StatedWisconsin has a spite fence statute, and it covers hedges as well as fences. | 6 ft | Wis. Stat. § 844.10 |
| Wyoming | SilentWyoming has no spite fence statute. | 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