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.
Chapter 20 of the Fargo Municipal Code is the Land Development Code (LDC), adopted under the home-rule authority of NDCC Title 40 (Chapters 40-05 and 40-47). Fences are regulated as accessory uses under Sec. 20-0403(B)(6)(c), 'Fences, Walls and Closely Grown Hedges.' (1) Within SR, MR, UMU, NC, and NO zoning districts: (a) in any front yard, no fence, wall, or hedge may exceed 3 ft in height, except fences that are at least 75% light-permeable (e.g., chain link, picket) may reach 4 ft; (b) in any street side yard or interior side yard, from the front property line extending the length of the front-yard setback distance or to the front of any existing house or other principal building (whichever is greater), no fence, wall, or hedge may exceed 3 ft, with the same 75% light-permeable exception allowing up to 4 ft; (c) in any street side yard or interior side yard from the point identified in subparagraph (b) to the rear property boundary, or in any rear yard, no fence, wall, or hedge may exceed 6.5 ft; (d) in any rear yard, any fence, wall, or hedge located at least three feet from the property line may exceed 6.5 ft, but may not exceed 8.5 ft. (2) Within LC, GC, DMU, LI, and GI districts: (a) no fence, wall, or hedge may exceed 8.5 ft; (b) where the property is adjacent to residentially-zoned property, no fence, wall, or hedge may exceed 6.5 ft along, or within 3 ft of, the property line abutting residentially-zoned property. (3) Sight Distance: on corner lots, no fence, wall, or hedge located within 20 ft of a street intersection (right-of-way line) may exceed 3 ft, measured from curb level. (4) Notwithstanding the height caps, any fence located completely within the required building setback for the zoning district is subject only to the height limitations applicable to buildings within that zoning district. Per the Fargo Inspections Department residential fence handout, a building permit is not required for fences 8.5 ft or shorter, but any fence exceeding 8.5 ft requires a building permit and must comply with the International Building Code (Chapter 21). Fences must comply with utility easement and right-of-way restrictions, and the city recommends keeping fences set back at least 2 ft from the property line for maintenance access.
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.
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