Horace, ND limits fences in front and street side yards to 3 feet (no more than 25% opaque), interior side and rear-yard fences in residential districts to 6 feet, and commercial/industrial fences to 8 feet, under Title IV Land Use Code Section 4-5.3.B.2. In agricultural and SR-1/SR-2/SR-3 districts, open-style farm fencing in front yards may reach 4 feet. Privacy fences up to 6 feet are allowed on corner-lot street side yards if set back at least 6 inches from the public sidewalk and a 15-foot clear-vision triangle is maintained at the driveway. Fence permits are issued by the Building Permits and Inspections Department; temporary construction and snow fences are exempt.
Fence regulations in Horace are set out in the City of Horace Title IV Land Use Code, Effective April 10, 2024, Section 4-5.3.B (Fences, Hedges, and Walls), subsection 2. Fences must be constructed of weather-tolerant wood, cementitious concrete, metal, plastic, or similar materials [Section 4-5.3.B.2.a]. In residential districts, fences may be erected directly on the property line unless the line falls within a recorded easement [4-5.3.B.2.b]. In all districts, fences and hedges in a front yard or street side yard cannot exceed three (3) feet in height and must be no more than twenty-five percent (25%) opaque or obscuring [4-5.3.B.2.c]. In the AG, SR-1, SR-2, and SR-3 districts, fencing that is no more than 25% opaque is permitted in the front and street side yards for agricultural use up to four (4) feet tall [4-5.3.B.2.d]. Opaque fencing in front yards is allowed only in I-1 and I-2 industrial districts and only with approval of the approving body [4-5.3.B.2.e]. For interior side and rear yards in residential districts, the maximum height is six (6) feet so long as the vision triangle near a street intersection is preserved [4-5.3.B.2.f]. In commercial and industrial districts the maximum height is eight (8) feet, and fences may be installed on the property line [4-5.3.B.2.g]. Sight-distance must comply with AASHTO standards and the city's clear-vision rules [4-5.3.B.2.h]. Fences visible from residential districts, public roads, and parks must be decorative [4-5.3.B.2.i]. The finished side of any fence must face outward toward the adjoining property [4-5.3.B.2.l]. Section 4-5.3.D (Corner Clearance) prohibits any fence, wall, shrub, sign, or other obstruction taller than thirty (30) inches above top of curb within the corner-clearance triangle. Section 4-5.3.B.2.n adds that on corner lots, privacy fences in the street side yard may rise to six (6) feet if built at least six (6) inches from the edge of the public sidewalk; where any driveway meets the sidewalk a clear-vision triangle is formed by measuring 15 feet along the outer edges of both the sidewalk and the driveway from their point of intersection, and within that triangle no obstruction taller than 30 inches above grade is allowed. Permits are administered by the Horace Building Permits and Inspections Department [4-5.3.B.2.k]. State law NDCC Chapter 47-26 governs partition-fence cost sharing between adjoining landowners but does not set a height ceiling.
Fence-height violations in Horace are enforced by the Building Permits and Inspections Department and the Code Enforcement function within Community Development under Title IV's administration and enforcement provisions (Chapter 8 of Title IV). Typical enforcement is a written notice of violation directing removal or alteration of the non-conforming fence, with a stated cure period. Failure to comply can result in a municipal infraction citation and civil penalty; under the city's general penalty provisions a Title IV violation is a class B misdemeanor when prosecuted in municipal court, with fines commonly in the $100-$500 range plus costs, and each day a violation continues may be charged as a separate offense. The city may also seek an injunction or abate the fence at the property owner's cost. Building a fence without a required permit subjects the owner to a separate permit-violation fee and possible double-permit-fee penalty. Boundary or 'spite' fence disputes between neighbors can additionally be pursued as a private nuisance action under NDCC Chapter 42-01.
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