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Matanuska-Susitna Borough, AK Fence Regulations: Fence Permit Requirements (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

“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?
Not under the borough's Chapter 17.55 setback rules. MSB § 17.55.004 defines 'structure' to exclude fences from minimum-setback and building-separation requirements unless another code section specifically addresses fencing, so an ordinary yard fence outside Palmer and Wasilla does not need a Chapter 17.55 setback permit.
Can a fence still be regulated even though it's not a 'structure'?
Yes. The § 17.55.004 exclusion only applies 'unless specifically addressed by code.' A special land use district, a planned unit development's screening easement condition under MSB § 17.36.200(C), or a use-specific rule like junkyard screening can still set fence standards a property owner has to follow.
Does this fence rule apply inside Wasilla or Palmer?
No. Chapter 17.55 governs setbacks within the borough's subdivisions, but MSB § 17.55.010(D) states its setback requirements do not apply to property within the cities of Palmer and Wasilla, which run their own separate zoning and permitting codes.

Sources & Official References

Other rules in Matanuska-Susitna Borough

All Matanuska-Susitna Borough rules

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