Montana Fence Ordinance

State:
Multi-State
Control #:
US-M-9584
Format:
Word; 
Rich Text
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Description

This is a sample of Municipal Codes when dealing with a fence ordinance. This may be used across the United States.
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FAQ

No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder.

If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point ...

Montana has ?open range? laws that provide in most parts of the state a property owner must put up a fence to keep livestock out; the owner of the livestock does not have an obligation to put up a fence to keep livestock in. Think of open-range laws as requiring ?fencing out.?

No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder.

Fences between four (4) and seven (7) feet require a Planning Division permit. Fences eight (8) feet and over require a building permit. All fences must be placed on private property; and not located on the public right of way or a neighbor's property. LOCATION OF PROPERTY LINES IS THE RESPONSIBILITY OF THE APPLICANT.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

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Montana Fence Ordinance