Matanuska-Susitna Borough, AK Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit required
- No, under Chapter 17.55's setback rules
- Legal basis
- Fence excluded from 'structure' definition, § 17.55.004
- Exception
- Applies unless another code section addresses fencing
- Geographic scope
- Borough-wide outside Palmer and Wasilla
- SLUD carve-out
- Special land use districts may set own rule
Summary
The borough's zoning setback chapter does not treat a fence as a 'structure.' MSB § 17.55.004 defines 'structure' to exclude fences from minimum-setback and building-separation requirements unless another code section specifically addresses them, meaning a fence in the Matanuska-Susitna Borough, outside Palmer and Wasilla, does not need a Chapter 17.55 setback permit.
“Structure” means anything that is constructed or created and located on or above the ground, or attached to something fixed to the ground. For purposes of minimum setbacks and building separation requirements, the following are not considered structures unless specifically addressed by code: signs; fences; retaining walls; parking areas; roads, driveways, or walkways; window awnings; a temporary building when used for 30 days or less; utility boxes and other incidental structures related to utility services; utility poles and lines; guy wires; clotheslines; flagpoles; planters; incidental yard furnishings; water wells; monitoring wells; and/or tubes, patios, decks, or steps less than 18 inches above average grade.
Full Breakdown
Matanuska-Susitna Borough Code Chapter 17.55, Setbacks and Screening Easements, sets the borough's minimum-setback rules for structures within subdivisions, but its own definitions section, MSB § 17.55.004, carves fences out of the term 'structure' for purposes of minimum setbacks and building separation, alongside retaining walls, parking areas, driveways, utility poles, and similar features. That means the 25-foot right-of-way setback and 10-foot side and rear setback in MSB § 17.55.010 do not by themselves reach a fence: the exclusion applies 'unless specifically addressed by code,' so a fence remains subject to any other borough or state provision that does name it, such as height limits in the applicable zoning or special land use district, or the screening-easement standards a planning commission may impose on a subdivision or planned unit development under MSB § 17.36.200(C).
Chapter 17.55 itself applies within subdivisions borough-wide, except where a special land use district (like Palmer, Talkeetna, or the Core Area) sets its own standard under MSB § 17.55.005, and except within the cities of Palmer and Wasilla, which run their own zoning and permitting entirely. Outside those areas, this code does not require a property owner to obtain a Chapter 17.55 setback permit before building an ordinary yard fence, because a fence is not a regulated 'structure' under that chapter's definitions absent some other code section that says otherwise.
Violations & Fines
A fence excluded from the definition of 'structure' under MSB § 17.55.004 falls outside Chapter 17.55's own penalty section, MSB § 17.55.040, which ties enforcement to MSB Chapter 1.45's $1,000 civil penalty. That exclusion drops away wherever another provision 'specifically addresses' fencing, such as a special land use district's screening rule or a PUD's screening easement condition under MSB § 17.36.200(C); a fence built to satisfy one of those does answer to that chapter's own penalties.
Frequently Asked Questions
Do I need a permit to put up a fence in the Matanuska-Susitna Borough?
Can a fence still be regulated even though it's not a 'structure'?
Does this fence rule apply inside Wasilla or Palmer?
Sources & Official References
Other rules in Matanuska-Susitna Borough
Compare Matanuska-Susitna Borough to another location·View the Alaska fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.