Arizona doesn’t have many statewide fence laws. Boundary fences are considered mutually owned by neighbors. In open-range areas, fence damage is the responsibility of the livestock owners. Some cities have guidelines about height, zoning, and permitting.

Whether you’re planning to build a fence or you want to dispute a fence, you’re in the right place. Arizona is a dusty desert state where pools are a saving grace from the hot sun. But it’s also the Wild Wild West where laws are scarce. It’s important to understand your state’s fence laws so you can build legally.

Homeowners and

car insurance

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Jerry

has done the research on Arizona’s fence laws. This quick guide covers the legal definitions of fencing in Arizona, who bears responsibility for fencing, who is required to build them, and how to build them properly.

Let’s dive in.

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What are the fence laws in Arizona?

In Arizona, boundary fences are considered to be mutually owned. This means that both parties are responsible for maintaining the quality of the fencing.

A fence is considered lawful in Arizona if it Is constructed and maintained with good, substantial posts. There are more specific guidelines for fences regarding post intervals, construction materials, and distances in

Section 3

of the Arizona Revised Statutes.

In rural areas of Arizona, fencing is governed by No-Fence District guidelines which can be found in

Chapter 11, Article 8, Title 3

of the Arizona Revised Statutes. In a designated open-range district, the liability for property damage by stray livestock rests with the livestock owner. In other districts, property damage is the responsibility of the property owner.

Beyond that, Arizona does not have any fence-specific laws on the state law books.

You could be subject to city-specific regulations, however. There are zoning and permitting requirements in

Phoenix

Tucson

, and

Flagstaff

Exceptions to fence laws

What happens if two neighbors disagree about fencing? What if you want one and your neighbor doesn’t? What if you want a durable one and your neighbor wants a cheaper one?

There are no provisions under Arizona’s fence laws for residential wall disputes, unfortunately. If you’re in a sticky situation with your neighbor regarding a fence, you may have to work it between yourselves.

In some cases, joint responsibility for a fence would constitute an unjust burden.

If you can prove your own financial hardship—or demonstrate that your neighbor’s taste in fences is excessive and unnecessary—then you may be legally exempt from paying equally for the fence. To achieve this, you must go to court.

Trees that cross the fence line

In Arizona, you are allowed to trim the branches of a neighbor’s tree if it overhangs your property—so long as doing so would not kill the tree. The neighbor is not obliged to reimburse you for trimming the branches.

Nuisance fences in Arizona

What if a neighbor builds a fence that blocks your view?

Unless you have a view ordinance, subdivision rule, easement, or zoning law on your side, you will have to live with the blocked view.

A neighbor’s fence is only considered a private nuisance if it was built deliberately to block your view and serves no purpose for your neighbors. In this case, you can go to court and attempt to prove substantial harm.

Key Takeaway Arizona does not have any laws that govern residential wall disputes. Most of the state’s fencing laws relate to open-range districts.

MORE:

What’s the difference between a builder and general contractor?

Does Arizona law require fences?

There is only one situation in which a fence is legally required in Arizona: to

enclose a swimming pool

According to

36-1681

, you must have a pool enclosure if the pool is 18 inches or more in depth, is wider than eight feet, and is intended for swimming.

The fence surrounding the pool must:

Be at least five feet high

Be located at least 20 inches from the water’s edge

Have no openings through with a 4-inch diameter spherical object can pass

Have no footholds or openings for climbing the fence or barrier

Have gates that are self-closing and self-latching, located at least 54 inches above the ground

Have gates that open outward from the pool

There are many more rules in this section for pool enclosures in Arizona, so please read it thoroughly before you build.

Note that these rules do not apply to stock ponds, livestock troughs, public pools, sumps, immigration canals, and residences where all residents are over six years of age.

Pool culture is a big deal in Arizona, so if you’re one of the many homeowners here who maintain a pool, make sure your fence adheres to these guidelines.

MORE: Does my home insurance cover earthquake damage

How to legally build a fence in Arizona

Only certain parts of Arizona require permits to build fences. Check your local municipality’s website for zoning and permitting requirements to find out if this applies to you. If necessary, apply for permits ahead of time. Otherwise, you’re free to build!

To be considerate, you should inform your neighbors that you plan to build a fence on the property line. If you’re not certain where the line is, you may need to hire a surveyor.

Does homeowners insurance cover fences?

Fences are considered “other structures” under your homeowners insurance. As such, fences are covered by your policy—but your coverage is usually limited to up to 10% of the dwelling coverage limit.

Furthermore, your fence gets protection from the same named perils as your house. These usually include vandalism, lightning, fire, hail, and windstorms.

If you need more coverage than this, you can add a specific endorsement to your policy.

Did you recently experience fence damage and need to file a claim? Take photographs of the damage as soon as possible and submit them with your claim. Check your insurance policy carefully before you do so.

MORE:

How to Choose the Best Type of Home Insurance for You

How to save money on homeowners insurance in Arizona

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FAQs

Do I need a permit to build a fence in Arizona?

In some municipalities, you need a permit to build a fence in Arizona. It depends on the height of your proposed fence. However, in the majority of rural Arizona, you’re free to build fences on your property without permits.

Can my neighbor make me pay for a fence in Arizona?

Yes—the costs of property line fences are meant to be shared by neighbors. However, you can appeal to a court to excuse you from the cost if it would be an undue financial burden for you.

Can I build an 8-foot fence in Arizona?

It may be possible to build an 8-foot fence in Arizona—but not if it’s a backyard fence in Phoenix, for instance. Every area has its own guidelines for height and permitting. You may need to apply for a variance if you want to build an extremely tall fence. Check your local guidelines.

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