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Carver County, MN Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max height
7 feet for boundary line fences
Height measured from
average grade of surrounding land
Berm fences
berm height added to fence height
Neighbor-proximity limit
fence height capped by distance to neighbor's home
Exceeding 7 feet
only for agriculture or CUP/variance approval
Enforcing agency
Land Management Department

Summary

Boundary line fences on unincorporated Carver County land cap at seven feet under Code § 152.029. Height is measured from the average grade of the surrounding ground, and a fence built on a berm has the berm's height added in. A fence also cannot rise higher than its horizontal distance to the nearest neighboring residence.

These county ordinances apply to unincorporated areas of Carver County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A boundary line fence is any fence that is erected within the required structure setback for a property. A boundary line fence may be erected in a required yard but shall not be erected in the public right-of-way. Boundary line fences shall not exceed seven feet in height; the only exceptions to this limitation are when a fence higher than seven feet is specifically required for an agricultural operation or for screening/security as part of a conditional use permit, variance, or other county permit process. Fences shall be no higher than the horizontal distance between the fence and any residence on a neighboring property. The height of a fence shall be measured based on the average grade of the surrounding area. In cases where a fence is constructed on a berm raising it above the surrounding area, the height of the berm shall be included in the height measurement.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).

Full Breakdown

029 defines a boundary line fence as any fence erected within the required structure setback of a property; those fences may stand in a required yard but never in the public right-of-way. The seven-foot cap applies countywide in the unincorporated area, and the code allows only two ways around it: a fence higher than seven feet built specifically for an agricultural operation, or one approved for screening or security through a conditional use permit, variance, or other county permit process. The code also layers on a proportional limit: a fence cannot be taller than the horizontal distance separating it from any residence on a neighboring lot, so a fence sitting close to a neighbor's house is held to a lower ceiling than the flat seven feet.

Height itself is measured from the average grade of the surrounding land rather than from the base of the fence post, and if an owner mounds a berm to gain extra height, the berm's elevation is added into the measurement. Fences reaching seven feet or taller trigger the separate State Building Code permit requirement carried in the same section. 010 as the successor to the former Planning and Zoning department, administers and enforces these standards for the unincorporated county.

Violations & Fines

A fence that exceeds the seven-foot cap without a qualifying agricultural or CUP/variance approval is a misdemeanor violation of Chapter 152 under § 152.999, punishable as defined by law, with each day the oversized fence stands counted as a separate offense. The Land Management Department can issue a notice of violation, order corrective removal or reduction, pursue an after-the-fact permit, or refer the matter to the County Attorney for prosecution.

Frequently Asked Questions

Can I build a fence taller than seven feet in Carver County?
Only if the taller fence is specifically required for an agricultural operation, or if you obtain a conditional use permit, variance, or other county permit approving it for screening or security. Absent one of those approvals, § 152.029 caps every boundary line fence in the unincorporated county at seven feet, measured from the average surrounding grade.
How is fence height measured on sloped or bermed lots?
The county measures from the average grade of the surrounding area, not from the fence's own base. If the fence sits on a berm built up above that surrounding grade, § 152.029 requires the berm's height to be added into the total, so building a mound underneath a fence does not let it exceed the seven-foot limit.
Does my fence height depend on how close I am to my neighbor's house?
Yes. Section 152.029 says a fence cannot be higher than the horizontal distance between the fence and any residence on a neighboring property, so a fence built close to a neighbor's house is limited to less than seven feet even though the general cap is seven feet.

Sources & Official References

Other rules in Carver County

All Carver County rules

How Carver County compares: Cities That Allow the Tallest Residential Fences·Compare Carver County to another location·View the Minnesota fence regulations overview

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