Boise Idaho Fence Laws

Being a homeowner in the Boise area, you need to know the fencing regulations. The city of Boise fence laws:

According to the Boise Idaho Fence Code — Owners can build fences up to a height of 72 inches from the front yard setback to and including the rear property fence.

Any fence, wall, or planting on or within the clear vision triangle shall be limited to 36 inches in height measured from the crown of the street. 

page main thumbnail

Boise Municipal Code Section 11-09-07

  • Use of decayed or old wood, sheet metal,& boxes for fencing is not allowed.
  • Barbed fences shall be at least 72 inches above grade (Penal & Public Correctional Facilities are exempted from this rule).
  • For commercial & industrial zones, the use of barbed wire is only permitted when used as a top section of the security fence.
  • Electric fencing within corporate areas is not allowed.
  • Permits have 1-year validity from the date of approval.
  • Wall construction or fence installation is prohibited without the approval of the Planning Director. 

Do you need Cedar Fence Costs?  (⬅ see here)

Boise City Code & Permit 

It is lawful as per the Boise Municipal Code Section 11-09-07 if

  • Open vision fences up to the height of 48 inches.
  • Solid or closed vision fences up to the height of 36 inches. 

Note — this is only confined for the front yard setback to the front property line.

Owners may build up to 72 inches fence from the front yard setback to the rear property line. 

For corner lots, the limit of up to 36 inches (measured from the crown of the street) is allowed for planting or wall on or within the clear vision triangle.

Ensure to maintain fences in the best shape to loss of property, harm to life, and any other nuisance. 

Permission from Ada County Highway District is necessary to build a fence within the public right-of-way. 

Distance of Fence From A Sidewalk  

A fence should be set back at 2-8 inches from property lines or sidewalks. You also have to check if your fence needs a building permit.

How To Know Who Owns The Fence? 

Facing fence conflicts? Here’s what the law says —whoever utilized the land up to the fence is the owner. If you have a clear area by the fence but your neighbor has allowed the weed growth on his/her side, the fence is yours.

Follow these tips to be out of any dispute. 

Get Your Property Surveyed

If your property is newer, you can get the recent survey file from the county. If not, book a licensed surveyor & get it done. 

Make sure to check the pricing for this over the call. It may cost you hundreds of dollars. 

Outline Your Property

Ask the surveyor to set up a 24-inch steel pin at all the corners of your land. Connect those pins down the length with a string to outline your property.

You can also use laser beams instead of strings. 

Check The Placing of Your Fence

If your fence lies on the unoccupied space between two properties, or it rests directly on the shared property line — then it’s a division fence or border fence. 

Decide The Ownership

Whoever uses the land up to the fence is the owner. If it is a division or border fence, check attached buildings & other fences. If such structures are attached to your fence, you are the owner. 

Also, if it completely encloses your property and not the neighbor’s, you are the owner. 

Do I Have To Inform Neighbors Before Installing A Fence? 

Yes, if there are the legal owners of that property. Law allows them to say no. No action is allowed without their permission. 

Who Pays For The Fence?

As per section 35-104, every property owner must manage one-half of the partition, unless the neighbors agree otherwise.

If there’s a dispute or disagreement, either of the owners can request a magistrate judge to assign three viewers for the examination. The decision will be then taken after the issue is resolved. 

What If Your Neighbor Wants to Upgrade His Fence & Ask You to pay half?

This can lead to a dispute if you refuse to pay.  It’s smart to settle this out of court as going to court can be more expensive. Get more quotes & find the best way to deal with it. 

Who Gets The Good Side of The Fence?

Your neighbor gets the finished side. This is a standard rule and also a polite gesture. Understand that your property looks more appealing when your neighbor has the good side.

Conclusion

Are you a homeowner in Boise? Keep these quick tips in mind: 

  • Idaho is a fence-out state — make sure you know all the regulations.
  • Whoever uses the land up to the fence is the owner. 
  • The fence should setback at a distance of 2-8 inches from the sidewalk.
  • Avoid disputes with the neighbor. Otherwise, you may end up losing money to HOA.
  • You are responsible for the maintenance of half of the partition.
  • The finished side placement is up to you.