Compared to other states, Washington’s fence laws are short and sweet. They define the term fence and lay out the rules of partition fences between neighbors—and what happens if there’s a conflict.

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What does the Revised Code of Washington say about fences?

Section 16.60.010

of the Revised Code of Washington (RCW) defines the term lawful fence. In Washington, for a fence to qualify as lawful, it must have the following traits:

Between 44” and 52” high

Made of four barbed, horizontal, well-stretched wires

Horizontal wires placed at intervals of 12”, 22”, and 32” (under the top wire)

Wires must be secured to substantial, equidistant posts

Posts must be less than 24’ apart

Wires must be supported with stays if posts are more than 16’ apart

If your fence does not meet the above requirements, don’t worry.

Section 16.60.011

describes other lawful fences, which must be “as strong and as well calculated as the fence described in RCW 16.60.010.” This determination can be made by an inspector.

Washington: fence-in or fence-out?

Fencing laws can usually be sorted into one of two categories: fence-in or fence-out.

In a fence-in state, owners of livestock are legally responsible for keeping their animals contained. If they wander off the property and do damage to someone else’s, the owner is liable to pay for the damage.

In a fence-out state, the landowner is responsible to protect their property (and any crops that might be on it) from wandering animals. They will not be able to hold livestock owners liable for not containing their animals, so they must fence those animals out.

Washington is a fence in-state, meaning that livestock owners are responsible to keep their animals contained. If freely roaming animals damage your lawful fence, your property, or injure you, you can seek reimbursement.

Partition Fences

The Revised Code of Washington does not require people to build fences between their properties. However, if you or your neighbor wants to build one, there are some laws pertaining to it.

First, you should let your neighbor know that you want to build a fence. Building a partition fence along the boundary of your property allows you to ask for reimbursement for half of the cost, but under

section 16.60.030

, you have to notify them first. If they don’t respond or they refuse, you can erect the fence anyway and collect the reimbursement through the court system.

If you and your neighbor share the cost of building on the boundary line, you will also share the cost of maintenance and the use of the fence. If you don’t want to deal with sharing anything, you can build your fence a few feet inside your property line.

Going this route might work for you, but be sure to get it in writing from your neighbor that both of you acknowledge the original boundary line, not the new one created by the fence. If you don’t get this in writing, your neighbor can later argue for ownership of your land up to the boundary created by your new fence (a process called boundary acquiescence).

Spite fences

A spite fence is any fence built to annoy, harass, or injure a neighbor. In Washington state, it’s illegal to build a spite fence. If your neighbor does build one, you can ask the court to issue an injunction to make them remove it.

MORE:

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

Does Washington law require fences?

No, Washington law does not require fences unless you have animals that must be contained or you have a swimming pool or spa.

If you have livestock, you must fence them in. You can read about livestock rules in

RCW chapter 16.24

If you have a pool or spa in Washington state, you must build a fence around it for safety reasons. Doing so can prevent accidental falls and drowning—especially if you live in an area with small children. To be legal, your swimming pool fence must have the following traits:

At least 48” high

Completely enclose the pool

Self-closing and self-latching

Latch must be out of reach of children

If a house serves as one side of the fence, any adjoining doors must have an alarm

Pools and spas are a great way to relax. Just make sure you have the right fence around them to prevent safety hazards.

MORE:

Washington car insurance laws

How to legally build a fence in Washington

To legally build a fence in Washington, first survey your land to make sure you have an accurate idea of your property line. Next, you should inform your neighbors of your intent to build in writing. Tell them if you’re expecting them to share the expense.

Next, if you have an HOA you’ll need to check with them about rules regarding fence height and style. Once you’re clear there, you can get started. You don’t have to apply for a permit to build a fence in Washington if your planned fence is six feet tall or lower.

If you want to build a taller fence, you’ll have to get a permit.

Does homeowners insurance cover fences?

Homeowners insurance covers fences… sometimes. It depends largely on your policy. Some insurance companies don’t insure fences at all. Some will insure fences for their cash value if they’re destroyed by a

peril listed on your homeowners policy

Still others will insure fences (and other “detached structures”) to around 10% of your policy’s coverage limit. You will have to check your policy to find out exactly what coverage you have.

If you want more coverage for your fence, you can buy it as an add-on to most homeowners policies.

MORE:

How to choose the right kind of home insurance for you

How to save money on homeowners insurance in Washington

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FAQs

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

No. As long as the fence you’re building is six feet tall or less, you don’t need a permit to build a fence in Washington.

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

Yes, if your neighbor wants to build a partition fence between your two properties, by law they can require you to pay 50% of the cost. It’s best to communicate with your neighbor about your needs and to plan the fence so it fits both of your aesthetics and budgets.

Can I build an 8-foot fence in Washington?

Yes, but you’ll need to apply for a permit since it’s over six feet tall.

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