Minnesota Legislature
New fence law authority for cities passed by House
(CORRECTION: The original post said counties would also be given the same authority. They would not.)
REFILED May 6, 2016: Minnesota towns may preempt partition fence laws with policies of their own. Cities may not.
A bill passed 131-0 by the House Thursday would change that.
Sponsored by Rep. Cindy Pugh (R-Chanhassen) and Sen. Bev Scalze (DFL-Little Canada), HF2757/SF2986* would give cities the same authority as towns to pass fence policies that preempt the state’s partition fence law, and allow them to exempt small parcels of land (less than 20 acres) from the law.
Pugh said the change would prevent cities “from being dragged into fights between neighbors over fences.”
The partition fence law requires neighbors to contribute equally to the cost of maintaining a fence if either wants one. Fences built without a shared cost requirement are considered division fences rather than partition fences.
Passed 57-6 by the Senate April 27, the bill now heads to the governor.
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