Fence Regulations in Fargo, ND: What Residents Actually Need to Know

If you live in Fargo or are thinking about moving there, fence regulations are one of those things you probably won't think about until they affect you directly. Fargo has 2 specific rules on the books covering different aspects of fence regulations, and some of them might surprise you.

Neighbor Fence Rules

Fargo follows North Dakota boundary fence law under NDCC §47-26 which establishes shared responsibilities for partition fences between neighboring properties.

Key details: State Law: NDCC §47-26 partition fences. Cost Sharing: 50/50 boundary fence. Dispute Resolution: Fence viewers / court. Topic: Neighbor Rules.

Failure to maintain partition fence: neighbor may petition district court under NDCC §47-26. Court may order compliance and award costs to the petitioning party.

Fargo is more permissive than most cities when it comes to neighbor fence rules. That said, there are still limits.

Height Limits

Fargo Land Development Code Sec. 20-0403(B)(6) caps fences in residential districts (SR, MR, UMU, NC, NO) at 3 ft in front yards (4 ft if at least 75% light-permeable) and 6.5 ft in rear yards (8.5 ft if set back 3 ft from the property line). In LC, GC, DMU, LI, and GI districts the limit is 8.5 ft, dropping to 6.5 ft within 3 ft of any residentially-zoned property line. Fences over 8.5 ft require a building permit; corner-lot vision triangles cap fences at 3 ft within 20 ft of a street intersection.

Key details: Front Yard (Residential): 3 ft (4 ft if 75% light-permeable). Side/Rear Yard (Residential): 6.5 ft maximum. Rear Yard 3-ft Setback Allowance: Up to 8.5 ft. Commercial/Industrial Districts: 8.5 ft maximum. Adjacent to Residential Zone: 6.5 ft within 3 ft of line.

Building a fence above the height limits in Sec. 20-0403(B)(6), within a corner-lot vision triangle, or over 8.5 ft without a building permit can result in a stop-work order and notice of zoning violation issued by the Inspections Department or Planning and Development Department. Continuing violations may be cited as a municipal infraction under Fargo Municipal Code Ch. 1 and prosecuted in Fargo Municipal Court (Cass County). Property owners may be required to remove or lower the noncompliant fence at their own expense and pay daily fines until the violation is corrected.

The Bottom Line

Fargo's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fargo is broadly strict or permissive.

Keep in mind that Fargo can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.