Carver County, MN Fence Regulations: Height Limits (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.
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.
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?
How is fence height measured on sloped or bermed lots?
Does my fence height depend on how close I am to my neighbor's house?
Sources & Official References
Other rules in Carver County
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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