Fence laws in Vermont
What Vermont 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.
Fence laws in Vermont, question by question
The short version
- Who pays on the line
- Vermont splits a fence on the property line in half when both sides are lived on or worked.
- How tall
- Vermont sets no maximum fence height. The chapters that were read are listed below. Cities and counties decide this one.
- Permits
- Vermont state construction rules reach public buildings, and the statute says what a public building is not.
- Pool barriers
- Vermont has no general pool fence rule because the state took one out on purpose.
- Spite fences
- Vermont bans the spite fence outright instead of calling it a nuisance.
- Measured from what
- Vermont never says what a fence height is measured from. The chapters that were read are listed below. Cities and counties decide this one.
- Corner lots
- Vermont leaves corner clearance to municipal zoning bylaws under 24 V.S.A. chapter 117.
- Retaining walls
- Vermont leaves retaining walls to the 2021 International Building Code, published by the International Code Council, and its Chapter 18 on soils and foundations. It reaches public buildings as Title 20 defines them only.
- Materials
- Vermont restricts no fence material. The chapters that were read are listed below. Cities and counties decide this one.
- Livestock
- Vermont judges a farm fence by whether it holds sheep. The figure is 54 inches, for height a fence needs to count as sufficient against livestock.
Who owns the fence between two properties in Vermont?
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Vermont answers this in its own law. The words that do it are quoted below.
Vermont splits a fence on the property line in half when both sides are lived on or worked. Each owner builds and keeps up an equal part. When one side is empty and unused, that owner still builds a share of it, unless the town selectboard decides otherwise after one of the two asks and notice goes out. That decision is filed at the town clerk's office and is final between the two owners.
Owners or occupants of adjoining lands, where the lands of both parties are occupied, shall make and maintain equal portions of the division fence between their respective lands.
Also on fences on the property line in Vermont
- set in state lawVermont towns have fence viewers, who are town officers that settle fence disputes. When asked, they look at fences in the town and divide them between the owners. A fence viewer who skips the job owes five dollars to the person hurt by it. An appeal to Superior Court has to be claimed within two hours of the decision. 24 V.S.A. 3810Vermont · Statute
- set in state lawMoney owed under the Vermont fence chapter is collected by filing an ordinary civil case. That covers the cost of building or repairing a fence on the property line, damages for not building one, and half the value of a fence already standing, plus costs. 24 V.S.A. 3816Vermont · Statute
How tall can a fence be in Vermont?
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Vermont law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Vermont sets no limit on how tall a fence at a house can be. The only height in the fence chapter is the four and one half feet that makes a fence good enough to hold livestock, and that is a floor and not a ceiling. The spite fence section turns on purpose instead of a number. The town sets the height on a house lot.
Documents read before writing that:
- 24 V.S.A. 3801Vermont General Assembly
- 24 V.S.A. 3817Vermont General Assembly
Do I need a permit for a fence in Vermont?
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Vermont answers this in its own law. The words that do it are quoted below.
Vermont state construction rules reach public buildings, and the statute says what a public building is not. A single family home the owner lives in is left out, unless it is put to one of the public uses the section lists. Farm buildings on a working farm and registered family child care homes are left out too. So a fence at a home the owner lives in sits outside the state code entirely.
An owner-occupied single-family residence, unless used for a purpose described in subsection (a) of this section.
Also on permits in Vermont
- set in state lawThe code says the same thing itself. The 2025 Vermont Fire and Building Safety Code adopts NFPA 101, NFPA 1, the 2021 International Building Code and the 2021 International Existing Building Code, and states plainly that the rules apply to public buildings as Title 20 defines them. Section 1, Title, Intent and AuthorityVermont · Building code
Pool fence requirements in Vermont
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Vermont answers this in its own law. The words that do it are quoted below.
Vermont has no general pool fence rule because the state took one out on purpose. The 2025 Vermont Fire and Building Safety Code adopts the 2021 International Building Code and then strikes section 3109 of it, the section titled Swimming Pool Enclosures and Safety Devices. Vermont deleted that section rather than changing it.
-delete- IBC section 3109 Swimming Pool Enclosures and Safety Devices
Section 5, amendments to the 2021 International Building Code
Also on pool barriers in Vermont
- set in state lawVermont has no pool fence rule for a back yard at a house. The one statewide rule sits in the Health Department rule for licensed lodging places, and it covers the pools and water features at those places. An outdoor pool there needs a fence, wall, building or other enclosure at least four feet high, made of material that lasts, with no opening that passes a four inch ball. Gates close and latch on their own, the latch sits at least four feet up, and a hedge does not count. Section 18.3.5Vermont · Agency guidance
Spite fence laws in Vermont
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Vermont answers this in its own law. The words that do it are quoted below.
Vermont bans the spite fence outright instead of calling it a nuisance. It takes purpose and effect together: a fence or other structure that was not needed, put up to annoy the neighbors by blocking their view or taking their light or air. There is no height anywhere in the section. The penalty is a fine of not more than one hundred dollars.
A person shall not erect or maintain an unnecessary fence or other structure for the purpose of annoying the owners of adjoining property by obstructing their view or depriving them of light or air.
How fence height is measured in Vermont
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Vermont law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Vermont gives a fence height in statute and never says what it is counted from. Under 24 V.S.A. 3801 a fence four and one half feet high, in good repair and built so sheep cannot escape, is a good enough fence, and a natural barrier equal to it counts too. The zoning section, 24 V.S.A. 4414, runs to thousands of words listing every kind of bylaw a town may pass, from districts and buffers to waivers of size rules, and the word height is not in it once. So the state gives a number with no starting point, and hands size rules to towns without naming height either.
Documents read before writing that:
- 24 V.S.A. 3801Vermont General Assembly
- 24 V.S.A. 4414Vermont General Assembly
Fence rules for corner lots in Vermont
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Vermont does not set this. It leaves it to municipal zoning bylaws under 24 V.S.A. chapter 117.
Vermont does not set a corner triangle. Towns do. Section 4414 of Title 24 lists the kinds of rules a town bylaw may carry, and one of them is a special district for highway intersection, bypass and interchange areas. So the statute says out loud that intersection areas are a proper thing for a town to regulate, and then leaves every measurement to the town. Title 19, the highways title, covers blocking travel on the road itself.
Special districts may be created to supplement or modify the zoning requirements otherwise applicable in underlying districts in order to provide supplementary provisions for areas such as shorelands and floodplains, aquifer and source protection areas, ridgelines and scenic features, highway intersection, bypass, and interchange areas, or other features described in section 4411 of this title.
The code hands this to municipal zoning bylaws under 24 V.S.A. chapter 117, which is not published in the code itself.
Retaining wall rules in Vermont
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Vermont does not set this. It leaves it to the 2021 International Building Code, published by the International Code Council, and its Chapter 18 on soils and foundations.
Vermont has no statewide building code for houses. The state code reaches public buildings, and a single family home the owner lives in is left out of that term by statute. Where the code does reach a building, Vermont adopts the 2021 International Building Code and prints none of its structural text. The chart in the rules applies every chapter of that code except 8, 10, 11, 13, 27, 28, 29 and 33, which leaves chapter 18 in force, and chapter 18 is where the model code puts walls that hold back earth. The word retaining is nowhere in the Vermont rules. So at a house the state code says nothing, and at a public building the answer comes from the model code.
The IBC is adopted to the extent necessary to ensure compliance with the performance requirements of this Code and the intent of this Code regarding safeguarding of people and property in case of fire, explosion, dangerous structural conditions and the generation of carbon monoxide.
Section 5, ICC International Building Code 2021 Edition
The code hands this to the 2021 International Building Code, published by the International Code Council, and its Chapter 18 on soils and foundations, which is not published in the code itself.
Fence materials allowed in Vermont
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Vermont law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Vermont never says what a fence is made of. The one build rule in the fence chapter is a height and a job: four and one half feet, in good repair, and put together so sheep cannot get out, with any natural barrier that does the same work counting too. The words wire, barbed and electric are not in the chapter anywhere. The farming title has no fence chapter at all, so there is no second place in state law for a material rule to sit.
Documents read before writing that:
- 24 V.S.A. 3801 to 3817Vermont General Assembly
- 24 V.S.A. 3801Vermont General Assembly
Livestock and boundary fence law in Vermont
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Vermont answers this in its own law. The words that do it are quoted below.
Vermont judges a farm fence by whether it holds sheep. It stands four and one half feet high, in good repair, and built so sheep cannot get out, and a natural barrier that does the same job counts. Land along a highway that is lived on or worked counts as the enclosure of whoever owns or uses it. A person driving livestock along a road who takes reasonable care is not on the hook for stock that gets into land whose highway fence was not good enough.
Fences four and one-half feet high, in good repair and so constructed as to prevent the escape of sheep, and any natural barrier equivalent to such fence shall be deemed sufficient
54 inheight a fence needs to count as sufficient against livestock
Documents behind this page
10 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 109, Fences and Fence Viewers
- Vermont General AssemblyVermont Statutes Annotated, Title 20, Chapter 173, Definitions
- Vermont Department of Public Safety, Division of Fire Safety2025 Vermont Fire and Building Safety Code
- Vermont Department of HealthLicensed Lodging Establishment Rule
- Vermont General AssemblyVermont Statutes Annotated, Title 24, Chapter 117, Municipal and Regional Planning and Development
- Vermont General AssemblyVermont Statutes, Title 24, Chapter 109, Fences and Fence Viewers, full chapter
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