A Guide to Washington Fence Laws | GetJerry.com (2024)

Chapter 16.60 of the Revised Code of Washington covers the definitions, rules, and permits regarding fences in Washington state.

Compared to other states, Washington’s fence laws are short and sweet. They define the term fence and lay out the rules of partition fences between neighbors—and what happens if there’s a conflict.

Fencing laws can usually be sorted into one of two categories: fence-in or fence-out.

In a fence-in state, owners of livestock are legally responsible for keeping their animals contained. If they wander off the property and do damage to someone else’s, the owner is liable to pay for the damage.

In a fence-out state, the landowner is responsible to protect their property (and any crops that might be on it) from wandering animals. They will not be able to hold livestock owners liable for not containing their animals, so they must fence those animals out.

Washington is a fence in-state, meaning that livestock owners are responsible to keep their animals contained. If freely roaming animals damage your lawful fence, your property, or injure you, you can seek reimbursem*nt.

The Revised Code of Washington does not require people to build fences between their properties. However, if you or your neighbor wants to build one, there are some laws pertaining to it.

If you and your neighbor share the cost of building on the boundary line, you will also share the cost of maintenance and the use of the fence. If you don’t want to deal with sharing anything, you can build your fence a few feet inside your property line.

Going this route might work for you, but be sure to get it in writing from your neighbor that both of you acknowledge the original boundary line, not the new one created by the fence. If you don’t get this in writing, your neighbor can later argue for ownership of your land up to the boundary created by your new fence (a process called boundary acquiescence).

A spite fence is any fence built to annoy, harass, or injure a neighbor. In Washington state, it’s illegal to build a spite fence. If your neighbor does build one, you can ask the court to issue an injunction to make them remove it.

No, Washington law does not require fences unless you have animals that must be contained or you have a swimming pool or spa.

If you have a pool or spa in Washington state, you must build a fence around it for safety reasons. Doing so can prevent accidental falls and drowning—especially if you live in an area with small children. To be legal, your swimming pool fence must have the following traits:

Pools and spas are a great way to relax. Just make sure you have the right fence around them to prevent safety hazards.

To legally build a fence in Washington, first survey your land to make sure you have an accurate idea of your property line. Next, you should inform your neighbors of your intent to build in writing. Tell them if you’re expecting them to share the expense.

Next, if you have an HOA you’ll need to check with them about rules regarding fence height and style. Once you’re clear there, you can get started. You don’t have to apply for a permit to build a fence in Washington if your planned fence is six feet tall or lower.

If you want to build a taller fence, you’ll have to get a permit.

Still others will insure fences (and other “detached structures”) to around 10% of your policy’s coverage limit. You will have to check your policy to find out exactly what coverage you have.

If you want more coverage for your fence, you can buy it as an add-on to most homeowners policies.