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Johnson County, KS Fence Regulations: Neighbor Fence Rules (2026)

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

Key Facts

Process
Fence viewer inspection, not a fine
Panel size
3 county employees selected by manager
Meetings
Open under Kansas Open Meetings Act
Decision maker
Board of county commissioners
No dimensional rule
Height/material set by zoning code
Statutory basis
K.S.A. 29-201 et seq.

Summary

Unincorporated Johnson County has no fence height or setback code in this Code of Resolutions; disputes over a shared boundary fence go instead through a formal 'fence viewer' process in Sec. 18-2. Three county employees inspect the fence, take input from both owners, and recommend findings the board of county commissioners can adopt, modify, or reject.

These county ordinances apply to unincorporated areas of Johnson County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Designation of the fence viewers. For all current and future fence viewings, the board of county commissioners delegates the duties and responsibilities of designating fence viewers to the county manager. Upon receiving a request for a fence viewing, the validity of which shall first be determined by the legal department, the county manager shall select three county employees to serve as the fence viewers. ... (d)(4)Upon reviewing the fence viewers' recommendations, at its standard business meeting, the board of county commissioners may:a.Adopt the fence viewers' recommendations as submitted;b.Modify the recommendations and adopt them as so modified; orc.Reject the recommendations and direct the fence viewers as to how the board of county commissioners wishes them to proceed.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Resolutions: Supplement 14).

Full Breakdown

Sec. A. 29-201 et seq. When a boundary fence dispute arises, the county manager first has the legal department confirm the request is valid, then selects three county employees, preferably ones with background in fences, real estate, boundary lines, or agricultural land use, to serve as fence viewers. The viewers must notify the property owners of the inspection date, and owners may submit written materials up to five days before the site visit. Because the fence viewers act as designees of the board of county commissioners, the viewing itself is conducted as an open meeting under the Kansas Open Meetings Act, and any member of the public may attend, though public comment is not taken at the site.

Property owners get to walk the fence line with the viewers, explain their position, and point out the disputed sections; the viewers may ask questions but must give every owner a chance to answer. After the viewing, owners have five more business days to submit supplemental material, and within ten business days the fence viewers meet, in another open meeting, to vote on proposed findings and a recommendation. Those findings go on the board of county commissioners' agenda, where the board may adopt the recommendation as submitted, modify it, or reject it and send the viewers back to reconsider.

The county manager oversees the whole process and may adopt additional procedural rules. Nothing in Sec. 18-2 sets a fence height, material, or placement standard; those dimensional questions fall under the county's separate zoning and subdivision regulations, a different Municode part not included in this chapter.

Violations & Fines

Sec. 18-2 does not carry its own fine schedule; it is a dispute-resolution mechanism rather than a prohibition. The consequence of a fence viewing is a board of county commissioners decision adopting, modifying, or rejecting the viewers' recommended findings, and the underlying property-line or cost dispute proceeds under the framework of K.S.A. 29-201 et seq. rather than through the county's codes court fine schedule used for most Code of Resolutions violations.

Frequently Asked Questions

Who resolves a fence dispute with my neighbor in unincorporated Johnson County?
The county's fence-viewer process under Sec. 18-2. You request a fence viewing, the legal department confirms it is valid, and the county manager appoints three county employees to inspect the fence, hear both owners, and recommend findings to the board of county commissioners, which can adopt, modify, or reject them.
Does Johnson County set a maximum fence height for unincorporated property?
Not in the Code of Resolutions covered here. Sec. 18-2 only creates a process for resolving boundary fence disputes; it sets no height, material, or setback standard. Those dimensional rules, if any, are contained in the county's separate zoning and subdivision regulations, a different part of the Municode compilation.
Can I attend a neighbor's fence viewing even if I'm not involved?
Yes. Because the fence viewers act on behalf of the board of county commissioners, Sec. 18-2 requires the viewing be conducted as an open meeting under the Kansas Open Meetings Act, and anyone wishing to attend and observe may do so, though public comment is reserved for the property owners involved.

Sources & Official References

Other rules in Johnson County

All Johnson County rules

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