A Guide to Virginia Fence Laws
Fence laws in Virginia are mostly the responsibility of local authorities, so they could vary between counties and cities.
Written by Jessie Devine
Reviewed by Melanie Reiff
After a historical back-and-forth between fence-in and fence-out laws, Virginia passed the “No-Fence Law,” which gave local authorities the power to decide fence laws in their area.
This means that fence laws in
Virginia
can vary by county or city. However, a few things remain the same across the state. Virginians are not allowed to let their livestock or other animals roam freely into other people’s property.Even if you don’t have animals, if you’re a homeowner thinking about putting up a fence, you should be aware of Virginia’s laws about division fences—or fences on property lines between plots of land.
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What is the Virginia No-Fence Law?
Before the terms “fence-in” and “fence-out” existed, Virginia law swung between them as governing rules. Under a fence-out law, if you want to protect your land, garden, or crop from your neighbor’s livestock, the responsibility is on you to fence the animals out.
A fence-in law is the opposite. Fence-in laws make it the duty of the animal’s owner to contain livestock with a fence and prevent it from going onto other people’s property.
With the passage of section 55-310 of the Virginia Code, otherwise known as the No-Fence Law, Virginia solidified the fence-in rule while transferring the power of further fence regulation into the hands of local authorities.
After the No-Fence Law
Laws passed after section 55-310 tried to unify parts of the state fence law by limiting some of the changes local authorities can make.
For example, section 55-312 affirms the requirement of railroads to fence off their railways (regardless of the local rule). Section 55-313 prevents any local authority from adopting fence laws more stringent than those of the state, and section 55-317 specifies the homeowner’s obligation to erect division fences.
Division Fences
Section 55-317 of the Code of Virginia dictates that neighboring landowners must build and maintain division fences between their lands—and share the cost—unless they otherwise agree between themselves.
Section 55-317 applies when a division fence doesn’t already exist between two neighbors, and section 55-318 specifies that if there is no division fence, the neighbor who wants one should submit in writing their desire and intent to build it to their neighbor.
If you and your neighbor agree to erect a division fence, the cost of building, maintaining, and repairing it will be split 50/50.
If you don’t want to erect a division fence and your neighbor does, you have to submit in writing your intent to let your land “lie open.” This means you’re not going to fence your property because you’re not going to use it for agriculture. In that case, you wouldn’t split the cost of the fence.
If you go this route, be aware that if you decide to enclose your property in the future, you could be liable for reimbursing your neighbor for 50% of the cost of the fence.
Spite fences
A spite fence is any fence built to annoy a neighbor. Many states have laws against them, but Virginia does not. Before you start plotting your spite fence revenge, be sure to review local ordinances and HOA rules in your area, and get a permit. Otherwise, you could pay a fine and have to tear the fence down.
Does Virginia law require fences?
We covered the requirements for property fences above—and ultimately, no, you are not required to fence your property unless you have animals that you must contain or you have a swimming pool.
If you have livestock, you must fence them in. You can read what constitutes a lawful fence for livestock in
Virginia Code section 55.1-2804
.If you have a pool, you must put a fence around it for safety reasons. Fencing your pool can prevent accidental falls and drowning—especially if you live in an area with small children. To be legal, your swimming pool fence must be:
- At least 48” high
- Far from permanent structures like trees or electrical boxes that could be used to climb over the fence
- Free of handholds and footholds
- Built with maximum of 2” between the bottom of the fence and the ground
If you have a pool to escape Virginia’s summer heat, make sure you build your pool fence to Virginia’s code to keep it safe.
How to legally build a fence in Virginia
To build a fence in Virginia, start by making sure you know where your property line is. Then inform adjoining neighbors—in writing if you’re expecting them to share the expense. They’ll need to agree to the style and cost of the fence, so make sure you inform them at least 30 days in advance.
Next, see if there are any rules in your community (like HOA regulations) about fence height and design. Check zoning and building ordinances, and then apply for a permit to build your fence. Virginia state doesn’t have a blanket rule about fence heights (thanks No-Fence Law!), but many counties and cities do, so make sure you verify before getting started.
Does homeowners insurance cover fences?
Fences are detached structures under your homeowners insurance policy. Depending on what plan you have, you may or may not be covered. Standard policies will usually cover fences up to 10% of your limit against the same perils as your home, but you should read your policy to check.
If you want more coverage for your fence, you can buy it as an add-on to most homeowners policies.
How to save money on homeowners insurance in Virginia
Virginia experiences a variety of
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FAQs
Do I need a permit to build a fence in Virginia?
Yes, you will need to obtain a permit for your fence from your local authority (like a city or a county) before you start building.
Can my neighbor make me pay for a fence in Virginia?
No. If you don’t want a fence, you can declare your intent to let your land “lie open,” which means you won’t fence it, and you won’t use it for agricultural purposes.
Can I build an 8-foot fence in Virginia?
Yes, but you will need to check with your local authorities for regulations and building ordinances in your area.
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