A Guide to Fence Laws in Nebraska
Nebraskans are not legally required to have a fence, but if either neighbor wants one, both are responsible for it.
Written by Lynell Spencer
Reviewed by Melanie Reiff
In Nebraska, if a landowner wants to build a fence between properties, both landowners are equally responsible for the cost and for maintaining or repairing the fence as needed.
Good fences make good neighbors—or so the saying goes. But what is a good fence? If you aren’t sure, don’t worry. Every state has laws to guide your construction of a “good fence” for your property.
These laws include the type of materials you can use, fence height, how and when to get a permit, and giving proper notice to your neighbors. Laws also determine who is responsible for the cost to build and maintain these fences.
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What is the Nebraska fence law?
Nebraska has simple guidelines for what constitutes a ‘lawful fence’, and most of the laws are created with livestock in mind.
In Nebraska, you may need to get a permit to construct a fence, and fences are limited to four-feet tall in front of your home, and six-feet tall on the back and sides.
Nebraska law states that fences are not required if both neighboring landowners agree that they do not want one. Still, fences are recommended, and if either neighbor wants to construct or repair one, both landowners are responsible for cost and labor.
Pools
Nebraska does not have fence laws that apply to private pools, but public pools are required to be fully fenced with posts no more than four inches apart, and gates that stay closed at all times and are locked when the pool is not in use.
Spite fences
A spite fence is defined as a fence built solely for the purpose of annoying another landowner. Nebraska law doesn’t directly address spite fences—but they are considered a public nuisance, and legal action can be taken to have one removed.
Key Takeaway Get a permit and notify your neighbors before building a fence in Nebraska.
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Does Nebraska law require fences?
There are no laws requiring fences on private property in Nebraska. If neither landowner wants a fence, there is no need to build one. But if even one landowner wants a fence, both parties are responsible for the construction and upkeep.
Even though fences are not a legal requirement, Nebraska is a fence-in state, which means that livestock owners are responsible for keeping their livestock fenced in.
Essentially, this means that a livestock owner is responsible for keeping their animals on their property. If the animal escapes due to its owner’s negligence, they are responsible for any damages done. If however, the livestock gains access to a neighboring property because of that homeowner's portion of the fence is in disrepair, the livestock owner is not liable for damages.
How to legally build a fence in Nebraska
If you want to build a fence on your property line, here are the steps you need to follow:
Get a permit (if you need one). Permits are not required by state law, but they are required in some parts of Nebraska, so find out the rules for where you live. You may also need to take steps required by your homeowner’s association, if you are part of one.
You will need to check your county’s process for this, but you will likely need to submit information about the type of materials you plan to use as well as the dimensions of the fence.
Notify your neighbor. The notice is a request for the other landowner to contribute to the fence, as Nebraska law states that they are responsible for half of the construction and maintenance.
Common types of lawful fences in Nebraska
Start construction on a “lawful fence” as defined below:
Type of fence | Requirements |
|---|---|
Rail fence | At least 6 rails, Secured by stakes well set in the ground, Rider on each stake |
Board fence | Boards must be minimum of 5” wide and 1” thick, Minimum of three boards well secured to posts no more than 8 feet apart |
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If you give notice and your neighbor does not respond, refuses action, or you can’t come to an agreement on what portion you are each responsible for, you will need to take action in county court.
Does homeowners insurance cover fences?
Most homeowners insurance (with the exception of HO1 policies) includes “other structures” such as fences and sheds. So it is likely that your fence is covered for the same perils as your house. Make sure you know which perils are named or excluded from your policy.
This also means that if you build a fence or make significant changes to an existing fence, you will want to update your insurance provider to make sure it is added to your policy.
How to save money on homeowners insurance in Nebraska
Homeowners insurance is required as a condition of your mortgage, so make sure you are getting the best possible deal. There are lots of ways to save on home and auto insurance, but it does involve shopping around and knowing what questions to ask.
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FAQs
Do I need a permit to build a fence in Nebraska?
Check with your city or county government. There is not a state law requiring a permit, but some cities (like Omaha) require one. State law says that no fence permit is required, and the fence must be fully on your property.
Can my neighbor make me pay for a fence in Nebraska?
Yes, If either neighbor wants a fence, both are legally required to equally share cost and labor. This is true for ongoing maintenance as well.
Can I build an 8-foot fence in Nebraska?
To erect a fence over 7 feet, you need a special building permit. This can be obtained through your local city or county government. You will likely need to justify the need, and ensure that the fence is not a safety hazard or an eyesore.
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