has very specific fence laws as it applies to rural properties and corralling livestock. These statutes cover everything from worm fences to natural livestock barriers. However, residential fencing laws in the state vary from county to county.

Making sense of nuanced regulations and legal jargon can be tough—and if you aren’t sure what the regulations surrounding fences in your area are, you run the risk of getting into a dispute with your neighbors or the local government.

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and home insurance broker, has compiled this handy guide to help you understand what you need to know about fence laws in Idaho.

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How tall can a privacy fence be in Idaho?

Idaho state statutes

leave room for local municipalities to determine a fencing code for each area. Depending on where you live in Idaho, you may be able to have a privacy fence up to six feet tall.

In some cities, like

Boise

, privacy fences in the front yard (along the street) may only be 36 inches/three feet, but solid fences extending around the sides and back of your property may be as tall as 72 inches/six feet.

If you have any questions about special considerations where you live, your local ordinance authority can help you find answers.

Who owns a fence on property lines in Idaho?

In Idaho, each landowner is responsible for maintaining their side or one half of the fence unless you come to a separate agreement with your neighbor.

If you need to build a new fence to divide your property from your neighbor’s, you should talk to them first to let them know your plans and the expenses they’ll be responsible for.

If your neighbor doesn’t help with fence construction, they will still need to help you cover half of the fence's total cost.

Fences can be expensive, and disputes do happen. If you disagree with your neighbor, you can ask a magistrate judge to appoint three viewers to listen to your case and help resolve your issues.

Key Takeaway Adjacent neighbors are supposed to split the cost of partition fences. If you and your neighbor can’t come to an agreement, talking to the magistrate courts can help.

How do you know where the property boundary is?

Idaho law requires that partition fences be built as close to the property line as possible. In fact, the law allows for the property line to move to wherever the fence line is.

Before starting construction, you need to find where the original dividing line is. The most accurate way to do this is to hire a professional surveyor to come to take measurements.

The surveyor will measure and mark property boundaries with stakes or brightly colored paint that you can use as a guide for your fence line.

If you don’t want to pay for a professional surveyor, you can visit your county assessor and ask for plat maps of your neighborhood. The plat maps will give you a good idea of where dividing lines should be.

If you’re rebuilding an old fence, the old fence is considered to be the property line, and your new fence must be placed precisely where the old one was.

MORE:

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

Can I put a fence on my side of the property line?

You can build a fence inside your property line, but the fence will become the new “official” dividing line between adjacent properties.

By building a fence this way, you risk losing some of your property to your neighbor, who can claim it under the doctrine of boundary by acquiescence or “implied agreement” that the fence has become the boundary between properties.

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

You may need a permit for fence construction depending on where you live. The process and requirements vary from county to county or even between neighboring cities.

Before building your fence, you should contact your local municipality to learn more about permit requirements.

Can I replace an existing fence without a permit?

Again, getting a permit for fence replacement depends on your local ordinances.

Still, long-standing fences become the property line, and as such, your new fence needs to stand exactly where the old one was.

Key Takeaway In Idaho, long-standing fences become the property boundaries, so make sure your fence is as close to the line as possible.

MORE:

Everything you need to know about car insurance laws in Idaho

What is a spite fence?

In Idaho, you cannot build a fence for the sole purpose of annoying or harming a neighbor (i.e., a spite fence). The law prohibits “mak[ing] malicious use of your property” just to disturb or get even with a disagreeable neighbor.

If your fence doesn’t serve a functional purpose, your neighbor can request injunctive relief or damages from the courts to make up for their lost views or enjoyment of the property.

Does homeowners insurance cover fences?

In most home insurance policies, fences are considered “other structures” and can be covered for up to 10% of your dwelling coverage limit only if they’re damaged by a peril named in the policy.

If your fence is damaged by a storm, a wildfire, or your neighbor’s tree, be sure to check the details of your insurance policy to see if the damage is covered. If your fence is covered, don’t forget to take pictures of the damage to submit with your claims.

MORE:

Does homeowners insurance cover fence damage?

How to save money on homeowners insurance in Idaho

Despite experiencing a wide range of natural disasters, including earthquakes, wildfires, and severe winter storms, homeowners in Idaho usually pay less than half of the national average for home insurance.

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FAQs

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

Each county has different permit regulations in Idaho. While your fence is still in the planning stages, you should call your local ordinance authorities to verify your requirements.

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

If your neighbor has a reasonable need for a partition fence, you will need to help cover the costs.

If you and your neighbor can’t reach a mutual agreement over the fence’s construction, a magistrate judge can help you find some middle ground.

Can I build an 8-foot fence in Idaho?

In some municipalities, you may build an 8-foot fence in Idaho. Some areas have regulations for height depending on where on your property the fence is.

In some places, the fence in your front yard may not be taller than 6 feet, but your backyard fence could be taller.

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