Fence Laws in Texas (2026): What You Need to Know
Building a fence in Texas involves more rules than you might think. Texas fence laws are governed by the Texas Property Code and Texas Agriculture Code, which outline requirements for constructing and maintaining fences.
Understanding these laws protects you from neighbor disputes and legal problems.
This guide explains everything Texas property owners need to know about fence laws. You’ll learn about height limits, property line rules, and what to do if disputes arise.
What Are Texas Fence Laws?
Texas is traditionally an “open range” state, meaning cattle farmers don’t have to fence in their livestock in many counties. This makes Texas different from most other states.
The main fence laws come from two sources. The Texas Property Code provides guidelines for fence construction, including height, materials, and location. The Texas Agriculture Code covers fencing requirements for agricultural land and livestock protection.
Texas is a “fence-out” state, which means property owners are responsible for building and maintaining their own fences. You are not required to help pay for your neighbor’s fence unless you agree to it in writing.
Basic Fence Height Laws
Residential Areas
Texas law limits fence height to eight feet in residential areas. This applies to most homes in cities and suburbs. If your fence installation abuts a street in a residential area, it’s capped at a 4-foot maximum height.
Front Yard Restrictions
Front yard fences have stricter rules. Austin’s land development code specifies that a solid fence along a property line can be constructed not exceeding an average height of six feet or a maximum height of seven feet. Most Texas cities follow similar patterns.
The Houston Planning Department recommends a height of between three and three and a half feet tall for front yard fences. Many cities have similar height restrictions for front yard fences around three to four feet.
Agricultural Areas
In agricultural areas, fences may have a maximum height of five feet and are required to be built in such a way as to “provide for an open atmosphere”. For cultivated land, each gardener or farmer shall make a sufficient fence around cleared land in cultivation that is at least five feet high.
Commercial and Industrial Zones
In commercial or industrial zones, fence height can be up to ten feet. These areas have more flexible rules because of different safety and privacy needs.
Property Line and Boundary Laws
Where You Can Build
Fences can be built on property lines, but to avoid disputes, they are often built with a setback of at least two feet from the line. The setback allows for maintenance without going onto your neighbor’s property.
The only law observed in Texas about boundary line barriers is that all fencing be installed on or within the property boundaries and not over the property line. Building beyond your property line can cause serious legal problems.
Shared Boundary Fences
When a fence is built on the boundary line between two properties, it is considered a “good neighbor fence”. In these cases, both neighbors may share costs and maintenance responsibilities.
Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.
Survey Requirements
Property surveys can help owners clearly mark the boundaries of their property, which may help with potential disputes. Getting a professional survey before building is smart and often required by local laws.
Fence Materials and Construction
Allowed Materials
Texas law does not restrict the type of materials used for fence construction. Common materials include wood, chain link, vinyl, wrought iron, and stone.
However, some materials are prohibited. Barbed wire and razor wire are prohibited for use in residential fences. It shall be unlawful for any person to construct a fence with barbed wire except when used only to restrain livestock or as part of a fence on commercial or industrial property where the lowest strand of barbed wire is not less than six and one-half feet above ground level.
Construction Standards
To qualify as a fence according to the Agriculture Code, a fence must be at least 4 feet high. This ensures the structure actually provides protection or boundary marking.
Chain link fences in a residential zoned district shall have the finished edge of the material on the top of the fence for safety concerns. This prevents injuries from sharp edges.
Permit Requirements
State Level Requirements
Texas law does not require property owners to obtain a permit for fence construction. The state leaves most permitting decisions to local governments.
Local Permit Rules
Many cities do require permits for certain fences. In Houston, residential fence permits are required for some fences depending on factors like fence height or the material of the fence. Property owners are able to build back yard fences without getting a permit from the city as long as the fence isn’t any higher than eight feet above grade.
Since some rules vary by county, and San Antonio covers three different counties – Bexar, Comal and Medina – you should consult your county authorities to see what permit rules apply for your property.
Special Circumstances
Some situations always require permits. Building near highways, in flood zones, or around pools often needs special approval. In the Houston area, you will need to get a permit to build your fence if you live in a floodplain area.
Penalties and Consequences
Maintenance Requirements
Texas law requires that fences be maintained and kept in good condition. You cannot let your fence fall into disrepair or become dangerous.
Fences that become dilapidated or pose a danger to the public must be repaired or replaced promptly. Ignoring these requirements can lead to legal action from neighbors or local authorities.
Legal Violations
Failure to adhere to these requirements may lead to legal action from neighbors and local zoning authorities. This can include fines, forced removal of the fence, or having to pay damages.
Building a fence that violates height restrictions or crosses property lines can be expensive to fix. You may have to tear down and rebuild the entire fence correctly.
Special Circumstances
HOA Restrictions
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. Laws passed by the Texas Legislature in 2021 prohibit an association from restricting certain types of fencing installed for security or safety purposes.
This means your HOA cannot completely ban fences. However, they can still control the appearance and materials used.
Lakefront Properties
Some areas have special rules for scenic locations. Fences on lakefront properties shall be ornamental wrought iron or tubular steel with at least 75% open area per linear foot to maintain surrounding lake views.
Fences located more than 35 feet from the rear property line of a lakefront lot and constructed entirely behind the main residential structure may be privacy fences.
Safety Requirements
Houston regulates clear vision areas for properties that are adjacent to intersections. No fences are allowed within a fifteen feet by fifteen feet visibility area from the property lines. This ensures drivers can see clearly at intersections.
No fence shall be located, placed, or maintained in such a manner as to obstruct the vision of a motor vehicle driver approaching any street intersection.
How to Handle Fence Disputes
Talk to Your Neighbor First
Many fence disputes can be resolved amicably. Approach your neighbor calmly and share the survey results. Most problems start with misunderstandings about property lines.
Sometimes the problem happened by accident. Your neighbor may be willing to fix the issue without legal action.
Get a Property Survey
The first step is to make sure that the fence actually crosses your property line. Property boundaries are not always obvious, and even longstanding fences may not align with legal boundaries.
To be certain, review your property’s deed and commission a professional land survey. A surveyor’s report is essential documentation if legal action becomes necessary.
Send a Formal Letter
If informal discussions don’t work, the next step is to send a formal written demand. This letter creates a record that you tried to solve the problem peacefully.
Consider Mediation
Many Texas counties offer low-cost or free mediation services that can help you resolve the matter without the expense of a full lawsuit. Mediation often works better than court battles between neighbors.
Legal Action
If informal discussions, letters, and mediation fail, and your neighbor refuses to remove the fence, a lawsuit may be necessary. Disputes may be settled in court, where the court will typically look at the location and maintenance of the fence, whether it adheres to zoning laws and property boundaries.
Texas 811 Requirements
Call Before You Dig
State law in Texas requires you to contact Texas 811 at least two business days before starting your fence project. This is mandatory even when digging on your own property.
This service locates and marks underground water, gas, electric, communication, and irrigation lines—preventing costly damage and dangerous accidents. Hitting a utility line can be extremely dangerous and expensive.
The service is free and helps protect you from accidents. Underground utilities can be anywhere on your property.
Livestock and Agricultural Fencing
Open Range Laws
In areas where open-range laws apply, property owners are legally obligated to erect and maintain a “sufficient fence” to keep stray livestock out of their yards. Not all Texas counties follow open range laws.
Sufficient Fence Standards
A fence is sufficient for purposes of this chapter if it is sufficient to keep out the classes of animals not affected by this subchapter. The fence must actually work to contain or exclude livestock.
Gate Requirements
A person may not build, join, or maintain around cleared land in cultivation more than three miles lineal measure of fence running the same general direction without a gate that is at least 10 feet wide and is unlocked. This ensures access for emergency situations.
Frequently Asked Questions
Who owns a fence built on the property line?
In Texas, the property owner who constructed a fence typically owns the fence. However, if both neighbors agreed to build it together, they may share ownership and maintenance responsibilities.
Can my HOA ban all fences?
Laws passed by the Texas Legislature in 2021 prohibit an association from restricting certain types of fencing installed for security or safety purposes. Your HOA can control appearance but cannot completely ban protective fencing.
Do I need a permit to build a fence in Texas?
Texas law does not require property owners to obtain a permit for fence construction. However, property owners must comply with local city or county regulations. Check with your local building department to be sure.
What happens if I build a fence over my property line?
Building beyond your property line is trespassing. Your neighbor can file suit for trespass, ejectment, or declaratory judgment. These actions can lead to removal of the fence and compensation for any harm done.
How tall can my fence be in Texas?
Texas law limits the height of a fence to eight feet, except in cases where the fence is located within a commercial or industrial zone. In such cases, the height of the fence can be up to ten feet. Front yard fences typically have lower height limits.
Final Thoughts
Understanding Texas fence laws helps you avoid expensive mistakes and neighbor conflicts. The key points to remember are simple: respect property lines, follow local height restrictions, and communicate with your neighbors.
Always check with your local building department before starting your project. What’s legal in one Texas city might not be allowed in another. Getting a property survey before building can save you thousands in legal costs later.
When in doubt, talk to your neighbors and consider working together. If neighbors agree to jointly maintain a fence, this agreement is legally binding. Good neighbor relationships make fence projects much easier for everyone involved.
How far from a residential street outside the city limits does your fence need to be, in Texas