A Comprehensive Overview Of Washington State Fence Laws

Introduction and Overview of Fence Laws

Fences and walls serve not only to mark the edges of a property and provide privacy and security, but also as architectural features that provide varied aesthetic components to residential, commercial and industrial property. As such, fences and walls are important components of land use planning. One of the key issues in land use planning is the impact on adjacent property owners, which is particularly relevant when fences adjoin a neighbor’s property. As a result, Washington State provides specific requirements regarding fences and walls. These requirements are provided in four general areas: (1) land use or zoning codes for cities and counties; (2) building codes; (3) subdivision and platting codes and requirements; and, (4) statutory requirements. Understanding the requirements of each is important for homeowners and developers.
For example, both Pierce and King counties limit the height of fences and walls to 8′ in most residential zones, but to 3′ in other zones located in proximity to a street. The City of Seattle has different rules, limiting the height of fences and walls to 41/2′ in front yard areas, 71/2′ in side yards and 6′ in the rear yard. Pierce and Snohomish counties have minimum setback requirements for fences and walls, while the City of Seattle does not set minimum setback requirements for fences and walls. These codes apply no matter how the fence may ultimately impact an adjoining property . It is important to remember that these requirements will apply to any new fence or wall, whether a homeowner or developer is constructing a fence for the first time or is replacing a fence. Other municipalities, such as Tacoma, require a building permit for a fence or wall exceeding 6′ in height.
The statutory requirements vary between types of fences or walls. For instance, RCW 68.52.310 governs cemetery fences. If a property owner erects a cemetery fence and the fence causes damage to adjacent property, then the adjacent owner may recover damages from the cemetery owner. RCW 16.28.100 provides a unique right of action in favor of adjacent property owners, allowing recovery against property owners who fail to return materials such as logs, timber or boards when the property is enclosed by a fence. RCW 64.04.020 and .030 provides for rights of action to recover property from an adjoining property that has been partially or entirely enclosed by a fence.
The Washington State law governing fences varies throughout the State and is dependent upon the type of fence or wall, the nature of the property and the surrounding environmental and aesthetic factors. Accordingly, before making changes to a fence or wall, either by construction or replacement, it is important to confirm that the proposed change complies with the applicable municipal code provisions, and to review the applicable statutory provisions.

Boundary and Fence Line Placement

Property lines are not always as clear cut as one might think. While neighbors may be hesitant to speak to each other, it is always a good idea to know where your property begins and theirs ends. Having a boundary survey done on a property is a good idea, if not to ensure where the property line is but also to understand what is your responsibility, such as an easement, for example.
Typically, courts will interpret a fence as a property marker if it encloses a part of the yard. There are some exceptions to this rule, for example, boundaries that are marked with fences that were erected either by permission by the property owner, or by prescription. Or perhaps the fence itself was created by mistake, and therefore does not necessarily imply the intent necessary for a boundary. Any fence that is built on a boundary line that was designated by a third-party, such as a surveyor, usually serves to mark the property line itself.
When a fence is built on the property line, you typically cannot make changes that would damage the neighbor’s side, such as building a gate, replacing it, painting it, or making any other modifications to the fence without permission. If you wanted to replace the fence, you must also offer to pay for half the costs because it is the property of both owners. If the fence is on your side of the property line but the neighbor has used it for more than 20 years as part of their property, you may not remove it from your property unless you compensate your neighbor for it.
According to Washington state law, there are very specific requirements that need to be met before a person can remove or build a fence on or near a property line. A neighbor must be notified of a plan to do so of at least ten days prior to beginning the project. There are additional statutes that dictate the timelines for rabbits, agricultural barriers, or fencing to keep livestock in place. Those requirements are as follows:
The law holds that both parties must agree to a change in the boundary before any work is actually started. If both the landowner and their neighbor agree, then either party can make improvements or changes to the fence on their own side of the property line, and they essentially maintain the property jointly and equally.

Height, Design, and Appearance Regulation

Resident Business and Commercial zones are limited to a maximum height of 4′ and 8′ respectively, without needing to apply for a fence permit. However, the 8′ height limit only applies when the fence is used as a security barrier. Types of use would include a parking lot for a shopping center or school. If you do not fall within the scope of those exemptions, you will need a fence permit to erect a fence that stands above 8′ in height.
If your fence is adjacent to a street you are limited to 4′ high, unless you have a clear view corner or all corners of the property must be set back from the street property line at least ten (10) feet. The clear view corner requirement allows you to build a fence that is 6′ high for a residential property as long as the fence is at least 10′ back from the property line. To ensure the fence is no less than ten (10) feet back from the property line you can use the side setback requirement for your district as a guide. For example, in a residential zone a 10′ side setback is required. If the side yard facing the street is 10′ away from the property line, then the fence may have a setback no greater than 4′ from the property line.

Responsibility, Repair and Maintenance

Generally, Washington State fence laws dictate that homeowners are co-owners of boundary fences. This means that if a fence separates two properties, then both homeowners have some responsibility over the maintenance and care of it. However, determining whether or not a fence needs repairs—or if one party is responsible for its costs—can be tricky.
Fortunately, Washington State fence laws provide homeowners with a clear picture of what types of issues they might face, as long as the information is sought out in a timely manner. If a property owner observes a fence issue on their property that they feel could have been avoided by the owner on the adjacent property (i.e. rotted posts, leaning fence panels, or breaking boards), they have an easy way to resolve the issue. All they need to do is write a letter to their neighbor that addresses the issue, copying Sec. 16.08.050 RCW. The letter must be mailed to the neighbor at least 30 days before any work is done on the fence.
Sec. 16.08.050 is Washington Fence Law, and it provides property owners with a legal means for addressing any potential issues. In short, it states that boundary fences are presumptively owned in common by adjoining landowners. Its long form is as follows:

16.08.050 Any fence built in accordance with the provisions of this chapter shall be presumed to be a partition fence between the owners of the land on which it is situated, and repairs to such fence, and the construction of jointly owned new fences, shall be equally borne by the owners of the adjoining lands. The owners of any adjoining lands, on whose line a fence has been legally erected prior to June 9, 1911, shall be deemed the owners of a partition fence.

This section also outlines the duties of neighboring property owners, which are to either construct, maintain, or repair the fence unless prohibited by non-conforming uses. By presenting their neighbor with a copy of this code, there’s no uncertainty—Washington State’s fence law clearly states that a fence built on the property line is the responsibility of both parties.
That being said, it’s also important to note that adjacent landowners who might not share a fence are still required to share the cost of building one. Seattle fence law provides direction on when property owners need to build a fence together, and can be found in Sec. 16.08.020 RCW. In short, it states that if there is a boundary that divides two properties and a large fence has already been erected, a newly adjoining landowner must contribute to building a fence that is similar in height and materials; otherwise they must offer compensation.
It’s important to note that Washington’s fence laws specify who is responsible for building and maintaining fences, but they do not provide a solution if one neighbor refuses to share the expense—and neither do California fence laws. If a neighbor elects to not contribute to a new or existing fence, one property owner can either take them to small claims court (if they’re seeking reimbursement), or simply build the fence on their own, thereby assuming full responsibility.

Boundary Line Fence Disputes

Residents of Washington State may at times find themselves in disputes with their neighbors over fences separating their properties. The term "fence" here refers to any type of barrier, including gates and walls.
Common fence-type property-line disputes include the following scenarios;
Any of these disputes can get heated and result in full-blown conflict. Some common questions you might have are as follows:
If you and your neighbor cannot reach an agreement between yourselves, you may be able to settle the matter via mediation. A professional neutral party mediates the dispute. If you and your neighbor reach an agreement , that agreement is binding. If you cannot reach an agreement through mediation, you can either file a lawsuit or request the court settle the matter. When a judge does this, it’s known as "partition."
Following are the steps you typically take to settle a fencing dispute through the courts:
In some circumstances, you may be able to erect a temporary fence if you believe your neighbor is causing damage to your property. Because erecting a temporary fence is usually viewed as a nuisance, you probably won’t be able to maintain it for long without your neighbor’s consent.

Permitting and Local Fence Regulations

Before your new fence can be erected in the Pacific Northwest, a final review of local ordinances and permitting is prudent. Some areas may require a permit for all fence construction. Even if no permit is required, a homeowner may be expected to obtain some sort of approval from his or her Homeowners Association (HOA) if one exists. Fences being erected in residential neighborhoods are often forbidden to be built past the front line of a house, except in certain specific circumstances. Your HOA or other local ordinances may stipulate whether and how high plants or fencing may be planted or erected to promote better lines of sight at intersections. A fence surrounding an area already covered by security cameras or those with more than 3 barbed wires may be given preferential treatment. Fences that block out visual distractions, and are kept trimmed to a designated height, are especially encouraged. Once final approvals are obtained, a site plan for the fence, showing the language used to comply with any local ordinances, and the locations of underground utilities to avoid possible damage, can be created. If a building permit was previously obtained, it may still be valid if no major changes to the layout have occurred. Once your final review is complete, and proper approvals have been granted, obtaining the required fence permits should go smoothly.

Historical, Environmental, and Other Considerations

The Washington State Department of Archaeology and Historic Preservation (DAHP) is the primary state agency responsible for identifying and protecting Washington’s archaeological sites, structures, and places listed on the National and Washington Registers of Historic Places. DAHP provides methods and procedures to address impacts to these important resources.
Can I build a fence adjacent to a historic property?
If you own a property that is listed on the Washington Heritage Register, National Register of Historic Places, or is determined eligible for listing on those registers, there are some special considerations and potential requirements prior to building a fence, depending on if the historical resource is a private or publicly owned property.
What if my property is located in an environmentally sensitive area?
If you live in King County, and your property is located in a designated critical area (Environmentally Critical Areas) you may be subject the policies and regulations as set forth by the King County Code.

Foundational and Resource Legal Articles

Homeowners in need of legal assistance following disputes with their neighbor or HOA may consider consulting with an attorney. There are a number of rising legal organizations where the homeowner may find a licensed and insured lawyer willing to assist them in viewing their case:
Washington State Bar Association
As the statewide professional association for lawyers, Washington State Bar Association serves as an accountability service for attorneys who meet their high standard. They offer a directory to help consumers locate specific practice area lawyers and certified legal specialists throughout the state.
King County Bar Association
This organization represents the legal community within King County. Their lawyer referral service places clients with a qualified professional and has a free initial half hour consult. KCBA also highlights public service programs and services for citizens in King County including various free legal consultation programs.
State Legal Services Webpage
State government maintains a comprehensive page that offers resources for all legal issues faced by Washington residents. Homeowners may look through this selection of resources to see what options are available for their particular case.
Self-Help Legal Centers
Each local government in Washington State maintains law centers to address public issues. These self-help centers provide a wide range of legal information and answers to common questions , making them a good start for any homeowner seeking legal assistance for their fence issue.
All homeowners in Washington State have rights to their fence, but these rights can be confusing and complex. This is where an attorney becomes a critical resource, especially if your fence has gone up against a neighbor or your local HOA. In many cases, simply understanding the fence law may be enough to reach a settlement. However, while the fence may be resolved amicably with the neighbor, it is important for the homeowner to know their potential liabilities.