Washington County, UT Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Fencing duty
- On the landowner, § 9-4-2
- Legal fence standard
- 4 barriers, posts <=20 ft apart, § 9-4-1
- Top barrier height
- At least 48 inches
- Farming exception
- § 9-4-4, except land abutting federal grazing land
- Consequence of non-compliance
- Loses right to trespass damages, § 9-4-3
Summary
Washington County puts fencing duty on the landowner, not a shared-cost neighbor rule: section 9-4-2 requires owners of farms, subdivisions and other private property to fence their own land to keep domestic animals from trespassing, using the 'legal fence' standard set in section 9-4-1.
A "legal fence" is defined for the purposes of this chapter as a fence with not less than four (4) horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than twenty feet (20') apart. The lower barrier shall not be more than twelve inches (12") from the ground and the space between any two (2) barriers shall not be more than twelve inches (12"), and the height of the top barrier must be at least forty eight inches (48") above the ground ... The owners of all farms, subdivisions and other private property shall fence their said property so as to prevent domestic animals from trespassing on such farms, subdivisions and other private property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).
Full Breakdown
Chapter 4 of Title 9, Fencing Of Private Property, defines a 'legal fence' in section 9-4-1 as one with at least four horizontal barriers of wire, board, pole or similar material common in the neighborhood, posts no more than 20 feet apart, a lower barrier no more than 12 inches off the ground, gaps between barriers no wider than 12 inches, a top barrier at least 48 inches high, and posts and barriers built to withstand a 250-pound horizontal strain. Section 9-4-2, Fencing Required, then puts the duty squarely on the landowner: the owners of all farms, subdivisions and other private property must fence their property to prevent domestic animals from trespassing onto it.
This is an 'own the fence line' rule rather than a cost-splitting rule between adjoining neighbors: the code does not create a shared-cost obligation for a boundary fence, and instead ties the standard to whether the excluding owner met the legal fence specification. Section 9-4-4 carves out an exception for areas used primarily for farming, except that the fencing duty still applies to land abutting federal land used for grazing. Failing to meet the legal fence standard does not itself trigger a citation, but it does strip the landowner of the right to collect trespass damages under section 9-4-3, so the incentive to fence runs through that damages rule rather than a direct fencing penalty.
Violations & Fines
Chapter 4 carries no direct fine for skipping the section 9-4-2 fencing duty. The consequence instead runs through section 9-4-3: a landowner whose property was not enclosed by a legal fence, as defined in section 9-4-1, cannot collect damages, and no Utah court can award damages, for livestock trespass onto that unfenced land.
Frequently Asked Questions
Does Washington County require neighbors to split the cost of a shared fence?
What counts as a 'legal fence' under county code?
What happens if my land isn't fenced to the legal standard?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Utah fence regulations overview
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