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Apple Valley, MN Fence Regulations: Neighbor Fence Rules (2026)

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

Key Facts

Location rule
Boundary fence entirely on the builder's own private property
Division line exception
Adjoining owner agrees in writing
Survey
Building inspector can require a registered land surveyor's survey
Finish deterioration limit
Not more than 20% of any one linear ten-foot section
Temporary fencing limit
30 days in any twelve-month period, with exceptions
Penalty
Misdemeanor, each day a separate violation (§ 155.999)

Summary

In the City of Apple Valley, Minnesota, a boundary fence must sit entirely on the private property of the person building it, unless the adjoining owner agrees in writing to a fence on the division line. A fence that is leaning, decayed or otherwise out of repair is a public nuisance under § 155.351(C).

(B) Locations. All boundary fences shall be located entirely upon the private property of the persons, firm or corporation constructing or causing the construction of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties. The building inspector may require the property owner desiring to erect a fence for which a permit is required to establish the boundary lines of his or her property by a survey thereof to be made by any registered land surveyor. (C) Fence regulations. A fence is a public nuisance and prohibited accordingly if it does not comply with the following requirements: (1) The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse.

Full Breakdown

Section 155.351(B) of the Apple Valley Code of Ordinances puts the burden of location on the builder. All boundary fences must be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of the fence. The one way to build on the division line is a written agreement: the owner of the adjoining property must agree, in writing, that the fence may be erected on the division line of the respective properties. An oral understanding with a neighbor does not meet that text. Where a permit is required, the building inspector can also require the owner to establish the boundary lines by a survey made by any registered land surveyor, which puts the cost of proving the line on the owner who wants the fence.

Maintenance is governed by § 155.351(C), which declares a fence a public nuisance and prohibited if it fails the listed requirements. The fence must be firmly fastened and anchored so that it is not leaning or in the stage of collapse. It must be kept in sound and good repair, free from loose or rotting pieces and from holes, breaks or gaps not intended in the original design, and free from any hazardous defect. Exterior wood other than decay resistant woods must be protected by paint or another protective coating kept in good repair. No fence section can have peeling, cracked, chipped or deteriorated finish on more than 20% of any one linear ten-foot section. Temporary fencing such as snow fencing or erosion control or sedimentation fencing cannot stay on any property longer than 30 days within any twelve-month period, unless it serves a development, construction or land-disturbing project or the city approves it for good cause.

These subsections govern the fence owner's duty to the city. Section 155.351 sets no formula for splitting the cost of a boundary fence between neighbors, so that question falls outside the ordinance text.

Violations & Fines

A fence that fails the § 155.351(C) requirements is a public nuisance, and a fence built on the neighbor's land without the written agreement violates § 155.351(B). Under § 155.999 a violation of Chapter 155 is a misdemeanor and each day is a separate violation. Section 10.99 sets the fine at up to the misdemeanor maximum in M.S. Chapter 609, jail up to that maximum, or both.

Frequently Asked Questions

Can I build a fence on the property line in Apple Valley, Minnesota?
Only with the neighbor's written consent. Section 155.351(B) requires a boundary fence to sit entirely on the builder's own property unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the division line of the respective properties.
Who decides where the boundary is?
The building inspector can require the owner who wants to erect a permitted fence to establish the boundary lines of the property by a survey. The survey must be made by a registered land surveyor. The owner building the fence arranges it.
What makes a fence a public nuisance in Apple Valley?
Under § 155.351(C), a fence is a public nuisance if it leans or is near collapse, is not kept in sound repair, has unprotected wood surfaces, or has peeling or cracked finish on more than 20% of a ten-foot section. Snow or erosion fencing left past 30 days in twelve months also fails.
Does the code say how neighbors share fence costs?
No. Section 155.351 covers location, height, maintenance and materials. It contains no cost-sharing formula, so the written agreement in subsection (B) is the only neighbor arrangement the section names.

Sources & Official References

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