Cass County, ND Fence Regulations: Height Limits (2026)

Cass County itself has not adopted a county-wide zoning ordinance covering fences. North Dakota Century Code 11-33-01 grants counties power to adopt zoning, but Cass County has chosen instead to leave land-use control with organized townships, which derive their power from NDCC 58-03-11 (general powers) and NDCC 11-33 (county zoning model adopted by townships). The Cass County Planning Office maintains links to township zoning ordinances on its Township Resources page. Examples: Rich Township's Zoning Ordinance (amended March 2018) sets accessory-structure setbacks and includes provisions for sight-distance triangles at intersections; other townships adopt similar language. Where a township has not adopted zoning, no local fence-height rule exists, and the only constraints are NDCC Chapter 47-26 (boundary fences and partition fences), which addresses cost-sharing for partition fences between adjoining landowners, and the common-law rule that a fence cannot be a 'spite fence' or constitute a private nuisance under NDCC 42-01. Cities within Cass County have their own fence rules: Fargo's Land Development Code limits front-yard fences to 4 feet and side/rear fences to 6 feet; West Fargo, Horace, and Casselton have similar tiered limits. Building permits for fences are issued by the relevant city or, in unincorporated areas, by the township if zoning has been adopted.