Fence laws in Millcreek, Utah
What the Millcreek municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Millcreek sets no rule of its own, the Utah rule is shown in its place and marked as such.
Fence laws in Millcreek, Utah, question by question
The short version
- Who pays on the line
- A fence in Millcreek may be built along a rear or side property line between abutting properties, so the boundary itself is open to it, and the answer turns on what else occupies the ground near the line. The figure is 4 feet, for clearance from an above-ground utility.
- How tall
- A privacy fence in Millcreek may not exceed six feet in a street side yard or three feet in a front yard, measured from the nearest sidewalk, top of curb or asphalt, and the answer turns on the yard and how transparent the fence is. The figure is 3 feet, for privacy fence in a front yard.
- Permits
- A fence that complies with the chapter is permitted by right in Millcreek with no site plan approval from the Planning Director, and the answer turns on the height of the fence and what the neighborhood looks like. The figure is 7 feet, for height at which a permit is needed.
- Pool barriers
- Utah requires a fence around the whole edge of a public pool, the pool deck and any extra deck. The figure is 6 feet, for minimum height of the barrier around a public pool, measured from the outside.
- Spite fences
- Millcreek has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Millcreek measures a fence from the finished grade to its highest point, and then closes the route that most often defeats a height limit: berms, retaining walls, or other means of raising the elevation of the ground under a fence or within four feet of it are included in the measurement, and the answer turns on the ground under the fence and on either side of it. The figure is 4 feet, for distance each side that counts as part of the fence.
- Corner lots
- Millcreek sets no rule about what may stand near a corner. The chapters that were read are listed below. Cities and counties decide this one.
- Retaining walls
- Any retaining wall in Millcreek that needs a building permit has to come with a geotechnical report on soil stability from a certified geotechnical engineer licensed in Utah, and a site plan and wall design plan stamped by a structural or geotechnical engineer, and the answer turns on the height of the wall and what it is made of. The figure is 4 feet, for height at which organic walls are banned.
- Materials
- Millcreek names both the materials and, in one case, the colors, and the answer turns on the material and where the fence stands.
- Livestock
- In Utah the owner of the animal pays for damage it does on someone else's land.
Who owns the fence between two properties in Millcreek?
Compare fences on the property line across all 50 states
Millcreek answers this, but the answer changes depending on what else occupies the ground near the line.
A fence in Millcreek may be built along a rear or side property line between abutting properties, so the boundary itself is open to it. Two things stand in the way. No fence or retaining wall may sit within four feet of an above-ground utility, with fire hydrants, water meter boxes, telecommunication pedestals and streetlights named, without written permission from the utility company. And nothing may be built inside an easement without prior written permission from every affected party on a form the city accepts, with the city reserving the right to refuse a permit for a wall in or over a municipal or utility easement whatever that permission says. Maintenance sits with the property owners abutting the fence, repairs have to use similar materials and blend with the fence, and graffiti has to be removed within ten days of notice from a code compliance officer.
No fence or retaining wall may be within four feet (4’) of an above-ground utility including but not limited to, fire hydrants, water meter boxes, telecommunication pedestals, and streetlights, without written permission from the utility company.
The answer turns on what else occupies the ground near the line.
- a plain property line
- A fence may run along it.
- an above-ground utility
- Four feet clear, or written permission. 4 ft
- an easement
- Written permission from everyone affected.
- graffiti
- Removed within ten days of notice. 10 days
Also on fences on the property line in Millcreek
- set in state lawUtah splits the cost of a fence on the line between two owners. Each side pays in step with how much land it fences in. If one owner built the fence first and a neighbor later fences land against it, that neighbor pays half the value of the shared part before doing it. An owner who stops farming the land gives notice and waits 30 days before pulling any of the fence out. Utah Code 4-26-102Utah · Statute
- set in state lawUtah has a second cost rule for grazing land and big game country. One owner can make the neighbor pay half the cost of the fence. The cost has to be reasonable, the kind of fence has to be one that is common in that area, and the bill cannot run past the price of posts, wire and connectors. A neighbor who refuses can be sued for the half. Utah Code 4-26-103Utah · Statute
How tall can a fence be in Millcreek?
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Millcreek answers this, but the answer changes depending on the yard and how transparent the fence is.
A privacy fence in Millcreek may not exceed six feet in a street side yard or three feet in a front yard, measured from the nearest sidewalk, top of curb or asphalt. A front yard fence may go to six feet if it is designed and maintained as an open-style non-obscuring fence, and the chapter defines what that means: open-style is at least seventy percent transparent, and anything more than seventy percent obscured is opaque. Between abutting properties a fence of up to seven feet may be built in a side or rear yard without a building permit, and may extend to eight feet where the building codes allow, which may then require one. A residential sports court fence may exceed eight feet where it stands at least thirty inches back, with the setback rising a foot for every additional foot of height, and it may never pass fourteen feet.
Front yard fences may be allowed up to six feet (6’) in height if designed and maintained as an open-style non-obscuring fence.
The answer turns on the yard and how transparent the fence is.
- a solid front yard fence
- Three feet. 3 ft
- a front yard fence that is mostly open
- Six feet, at seventy percent open. 70%
- a side or rear yard
- Seven feet without a permit, eight with one. 7 ft
- a residential sports court
- Above eight feet, a foot back for every foot up. 14 ft
Also on fence height in Millcreek
- no rule, documents checkedUtah sets no limit on how tall a fence at a house can be. The construction code statute names which code editions apply and gives no fence height. The fence chapter of the farming code covers splitting cost and fencing bison, not yard fences. Cities and counties set the height. Utah Code 15A-2-103Utah · Statute
Do I need a permit for a fence in Millcreek?
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Millcreek answers this, but the answer changes depending on the height of the fence and what the neighborhood looks like.
A fence that complies with the chapter is permitted by right in Millcreek with no site plan approval from the Planning Director. A building permit is needed for a fence over seven feet, and for a retaining wall with more than four feet of unbalanced fill or one supporting a surcharge, or wherever the building codes require it. For new development, construction drawings for all fencing and walls go to the City Engineer for review and become part of the project improvements for bonding and occupancy. The route past the height limits is the unusual part. A Neighborhood Compatibility Modification allows a modified fence height in the agricultural and residential zones where a survey of the proximate neighborhood establishes that it fits, on a separate land use application and an additional fee, and it may take a fence up to twelve feet. It may not be used inside a clear view area.
Permissible Modifications. NCM Standards. Fence height modifications may be accommodated if the request does not exceed a fence height of twelve feet (12’).
The answer turns on the height of the fence and what the neighborhood looks like.
- a conforming fence
- Permitted by right.
- a fence over seven feet
- A building permit. 7 ft
- a neighborhood compatibility modification
- Up to twelve feet, on a survey. 12 ft
- a clear view area
- The modification does not apply.
Also on permits in Millcreek
- set in state lawUtah uses one construction code across the whole state and names the exact editions in the statute, including the 2024 International Building Code and the 2021 International Residential Code. State changes to those codes sit in a separate chapter of the same title. Utah changes only three items on the list of home work that needs no permit, covering walls that hold back earth, low decks and small storage containers. The fence item on that list is model code text that Utah leaves alone, so it is printed on no Utah state site. Utah Code 15A-2-103Utah · Statute
Pool fence requirements in Millcreek
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Utah answers this in its own law. The words that do it are quoted below.
Utah requires a fence around the whole edge of a public pool, the pool deck and any extra deck. It stands at least six feet tall, measured on the outside face. No opening can pass a four inch ball, and horizontal rails sit at least 45 inches apart. Gates close and latch on their own, and at least one gate swings outward so people can get out.
This one is Utah law, not Millcreek law. All Utah findings
is at least six feet in height measured from the exterior side of the barrier
6 ftminimum height of the barrier around a public pool, measured from the outside
Spite fence laws in Millcreek
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Millcreek law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Utah has no spite fence law. The fence chapter of the farming code covers splitting cost and fencing bison, and nothing else. The stray animal chapter covers animals that wander onto other land. Neither one gives a neighbor a claim over a fence put up out of spite, and neither sets a height that starts one.
This one is Utah law, not Millcreek law. All Utah findings
Documents read before writing that:
- Utah Code 4-26-101 through 4-26-104Utah State Legislature
- Utah Code 4-25-101 through 4-25-406Utah State Legislature
How fence height is measured in Millcreek
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Millcreek answers this, but the answer changes depending on the ground under the fence and on either side of it.
Millcreek measures a fence from the finished grade to its highest point, and then closes the route that most often defeats a height limit: berms, retaining walls, or other means of raising the elevation of the ground under a fence or within four feet of it are included in the measurement. So four feet of ground either side counts as part of the fence. Where the grade differs across a boundary, the height is measured at the property line from the lower property grade, which reads in the neighbor favor rather than the owner. A second sentence then caps how far the two can diverge in the first place: the higher property grade may not exceed twelve feet of elevation gain at any point within four feet of the property line. Construction drawings for new development have to show original and finished grades measured within four feet of both sides of the fence.
Berms, retaining walls, or other means to raise the elevation of the ground upon, or within four feet of a fence, shall be included in the measurement of fence height.
The answer turns on the ground under the fence and on either side of it.
- a berm or wall under the fence
- It counts toward the height. 4 ft
- a sloping boundary
- Read from the lower grade at the line.
- how far the grades may differ
- Twelve feet within four feet of the line. 12 ft
Also on how height is measured in Millcreek
- no rule, documents checkedUtah never says what a fence height is measured from, at any level of its code. The fence sections in title 4 are about deals between neighbors and how the cost of a shared fence is split, and they carry no dimension at all. The land use act was renumbered in 2025 into title 10, chapter 20, and the zoning power it hands a city covers putting up, building, rebuilding, changing, repairing and using buildings and structures, with no mention of height. Height turns up in that chapter only in what makes a structure one that no longer fits the rules, and in the standards a city may put on a charter school. Neither place says what a height starts from, so the city ordinance decides. Utah Code 10-20-505Utah · Zoning code
Fence rules for corner lots in Millcreek
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Millcreek law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Utah sets no corner triangle in state law. The two sections of the highway protection act that come closest were read in full. One bans putting a structure or object inside the right of way of a state highway, county road or city street without a permit, which turns on the right of way line and not on what a driver can see. The other bans blocking traffic on a sidewalk or a highway. The fence chapter of the farming code covers fences on a property line and livestock and never mentions a corner. Cities and counties set the triangle.
This one is Utah law, not Millcreek law. All Utah findings
Documents read before writing that:
- Utah Code 72-7-102Utah Legislature
- Utah Code 72-7-105Utah Legislature
- Utah Code Title 4, Chapter 26Utah Legislature
Retaining wall rules in Millcreek
Compare retaining walls across all 50 states
Millcreek answers this, but the answer changes depending on the height of the wall and what it is made of.
Any retaining wall in Millcreek that needs a building permit has to come with a geotechnical report on soil stability from a certified geotechnical engineer licensed in Utah, and a site plan and wall design plan stamped by a structural or geotechnical engineer. Wall systems four feet or higher made of organic material such as treated lumber or railroad ties are prohibited outright, which is a rule about what rots rather than about what looks bad. Walls on land subject to the sensitive lands standards answer to that chapter as well. And where a retaining wall is used to extend a driveway or create extra surface parking or vehicle access by filling to raise the property above its original grade, a minimum forty-eight inch opaque screening fence has to go with it, with the ordinance printing a figure of what that looks like.
Wall systems that are four feet (4') or higher and that are made of organic material, such as treated lumber or railroad ties, are prohibited.
The answer turns on the height of the wall and what it is made of.
- treated lumber or railroad ties
- Prohibited at four feet and above. 4 ft
- any wall needing a permit
- A geotechnical report and a stamped design.
- a wall built to extend a driveway
- A forty-eight inch opaque screen with it. 48 in
Also on retaining walls in Millcreek
- set in state lawUtah writes its own permit rule for a wall that holds back earth and puts it in the statute in place of the model code line. It measures the dirt rather than the wall. A wall holding back less than four feet of unbalanced fill needs no permit. Unbalanced fill is the dirt piled on the high side with nothing on the low side to push back. The pass is gone in two cases: where the wall carries a surcharge, meaning an extra load pressing on the dirt behind it, and where the wall is big enough that Section R404.4 of the residential code calls for a design. Utah changes only three items on that no permit list, and this is the first of them. Utah Code 15A-3-202(5)(a)Utah · Statute
Fence materials allowed in Millcreek
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Millcreek answers this, but the answer changes depending on the material and where the fence stands.
Millcreek names both the materials and, in one case, the colors. Fences may be decorative precast or integrally colored and textured block, brick, stone or other masonry; vinyl or polyethylene in beige, white or another neutral color; composite fencing with two trade names given as examples; weather-tolerant wood such as cedar, redwood, cypress or bamboo; decorative wrought iron or metal picket; powder-coated chain link for public recreational uses or sport courts; and plain chain link only as a temporary construction fence. Prohibited everywhere are plastics other than vinyl and composite, chain link in a front or street side yard, barbed wire, concertina wire, razor ribbon and electric fences, and anything never made to be a fence, with roofing panels, corrugated or sheet metal, tarps, plywood and OSB sheeting, scrap lumber or metal, rubber, tires and containers all named. All sides of a fence have to be treated equally.
Materials not typically used, designated, or manufactured for fencing, such as but not limited to roofing panels, corrugated or sheet metal, tarps, wood panel (plywood OSB sheeting), scrap lumber or metal, rubber, tires, containers;
The answer turns on the material and where the fence stands.
- the permitted palette
- Masonry, neutral vinyl, composite, wood, metal picket.
- barbed, concertina, razor or electric
- Prohibited in all zones.
- chain link
- Recreation, sport courts, or construction only.
- both faces of the fence
- Treated equally.
Also on materials in Millcreek
- set in state lawUtah sets no material rule for an ordinary fence. Its one material rule is about bison. An outside fence meant to hold bison has to reach at least eight feet, and the fence sections and gates have to be a mesh of high tensile steel wire of at least fourteen and one half gauge, with squares no bigger than six inches by six inches, or a material just as strong. The posts get their own rule: treated wood at least four inches across, or something as strong, standing at least six feet two inches above the ground. Utah Code 4-26-104Utah · Statute
Livestock and boundary fence law in Millcreek
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Utah answers this in its own law. The words that do it are quoted below.
In Utah the owner of the animal pays for damage it does on someone else's land. That covers cattle, a horse, a donkey, a mule, a sheep, a goat or a pig. The owner is off the hook when the land was not fenced in by a lawful fence, in a county or city that has passed a fence ordinance. A second exception covers animals that come in off an old livestock trail onto land without a good enough fence.
This one is Utah law, not Millcreek law. All Utah findings
The owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of the premises for any damage inflicted by the trespass.
Also on agricultural fencing in Millcreek
- set in state lawUtah never says in state law what a lawful fence is, so there is no statewide wire count and no statewide height. Each county decides. A county can pass an ordinance on fencing farms, subdivisions and other private land so grazing animals stay off it, and a county that passes one has to spell out in it what counts as a lawful fence. A county can also split itself into parts with a different fence rule in each. Utah Code 4-25-204Utah · Statute
- set in state lawUtah does set hard numbers for one kind of livestock fence, and it is the bison fence. An outside fence meant to hold bison reaches at least eight feet above the ground, in both the fence sections and the gates. The mesh runs no wider than six inches by six inches, in high tensile steel wire of at least 14 and one half gauge, which is wire made to take more pull before it gives. Posts go no more than 20 feet apart and sit at least two feet in the ground. Utah Code 4-26-104Utah · Statute
Documents behind this page
14 documents, of which 1 was published by Millcreek itself. Each was read on the date shown.
- Utah State LegislatureUtah Code, Title 4, Chapter 26, Enclosures and Fences, Section 102
- Utah State LegislatureUtah Code, Title 4, Chapter 26, Enclosures and Fences, Section 103
- City of MillcreekMillcreek Zoning Ordinance, Chapter 18.66, Fences and Retaining Walls
- Utah State LegislatureUtah Code, Title 15A, State Construction and Fire Codes Act, Chapter 2, Section 103
- Utah State LegislatureUtah Code, Title 4, Chapter 26, Enclosures and Fences
- Utah Department of Health and Human Services, Population Health, Environmental HealthUtah Administrative Code, Rule R392-302, Public Pool Design, Construction, and Operation, Section 17, Fencing and Barriers
- Utah State LegislatureUtah Code, Title 4, Chapter 25, Estrays
- Utah LegislatureUtah Code, Title 10, Chapter 20, Municipal Land Use, Development, and Management Act
- Utah LegislatureUtah Code, Title 72, Chapter 7, Protection of Highways Act, Part 1, Protection of Rights-Of-Way
- Utah LegislatureUtah Code, Title 72, Chapter 7, Protection of Highways Act, Part 1, Protection of Rights-Of-Way
- Utah State LegislatureUtah Code, Title 15A, Chapter 3, Part 2, Statewide Amendments to International Residential Code, Section 202
- Utah LegislatureUtah Code, Title 4, Chapter 26, Enclosures and Fences
- Utah State LegislatureUtah Code, Title 4, Chapter 25, Estrays, Section 205
- Utah State LegislatureUtah Code, Title 4, Chapter 25, Estrays, Section 204
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 Millcreek publishes, plus the Utah rules that apply where the city sets none. Fence laws in Utah 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