FENCE RULES – LEXINGTON (CITY), NEBRASKA
OVERVIEW
Residential fences are permitted on private property within City of Lexington, subject to local regulations.
Local fence rules appear primarily in the Code of the City of Lexington, Nebraska, Chapter 107, Article III, Fences. Related rules also appear in the Lexington Zoning Ordinance, the City’s vision-clearance rules for street intersections, floodplain-development rules where applicable, and the City’s fence permit application materials.
This page focuses on typical single-family residential fencing, including rural residential and agricultural residential contexts where applicable. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.
Compiled From Code of the City of Lexington, Nebraska, Lexington Zoning Ordinance, City of Lexington Building Rezoning & Subdivision Forms, City of Lexington Fence Permit Steps and Application for Fence Construction & Replacement, and City of Lexington Building Department materials as of May 2026.
GOVERNANCE
• Governing Authority: The City of Lexington administers fence rules through the Code of the City of Lexington, Nebraska, the Lexington Zoning Ordinance, and the City’s building-permit process.
• Fence Code Location: The City has a dedicated fence article in Chapter 107, Article III, Fences, which controls fence permits, definitions, height, visibility, materials, right-of-way encroachments, and maintenance.
• Development Services and Building Review: Fence permit materials are administered through the Development Services Department and the City of Lexington Building Department. The zoning ordinance defines the Building Inspector as the Building Inspector of the City of Lexington, Nebraska, and the Building Official as the City Manager or designee.
• Zoning Jurisdiction: The fence permit requirement applies within the zoning jurisdiction of the City of Lexington, including the City and territory beyond the corporate limits where the City exercises zoning authority.
• Board of Adjustment: Appeals from Chapter 107 fence requirements may be made to the Board of Adjustment under the fence article.
PERMIT AND APPROVAL REQUIREMENTS
• Fence Building Permit: A Building Permit is required before any fence is constructed or altered within the zoning jurisdiction of the City of Lexington. This local all-fence permit requirement controls instead of the Nebraska statewide 7-foot baseline.
• Fence Permit Application: The fence building permit application must include a sketch or site plan showing the lot, existing buildings, proposed fence, and sufficient dimensions to locate those features accurately.
• Property Pins: Property owners are responsible for locating property pins before a fence permit is issued.
• Submittal Materials: The City fence application identifies the required submittal items as a Site Plan, Legal Description, and Physical Address. The application also notes that fence type, fence height, and clear-vision compliance must be shown on the site plan.
• Permit Fee: A fence permit fee applies. The fee amount is set by City Council resolution and kept on file with the City building department.
• Right-of-Way Encroachment: A fence, wall, or vegetation used as a barrier or screen may not encroach into the public street right-of-way unless a permit in the form of an easement is first issued by the City Manager. The application is filed with the City building official on a building permit application and must include a site plan for the proposed encroachment.
• Floodplain Development: If a fence project is part of floodplain development or substantial improvement in a regulated floodplain area, a separate floodplain development permit is required before the development begins.
• Permit Expiration: The City fence permit application states that the permit expires within 180 days after issuance if no construction activity has taken place.
FENCE PLACEMENT RULES
• Property Lines: The ordinance does not state a setback requirement for standard residential fences from property lines; however, fences must be located entirely on the owner’s property and must not encroach into rights-of-way or easements.
• Required Yards: Fences and walls are permitted in required yards as permitted obstructions, subject to applicable height restrictions.
• Street-Facing Yard Placement: In residential areas, any yard that faces a public street is subject to the City’s open-fence and 42-inch height limit from the public street right-of-way to the front line of the main structure.
• Through Lots Along Major Thoroughfares: Where a through lot abuts a major thoroughfare such as Highway 30, access is made from the other frontage street, and access along the major thoroughfare is restricted, the rear-yard setback for fences and screening devices is zero feet.
• Other Through Lots: Where a through lot is not along a major thoroughfare and all principal structures in the development face the same frontage, the rear-yard setback for fences and screening is zero feet. Where principal structures face different directions along both frontages, the rear-yard setback for fences and screening is the same as the prescribed rear-yard setback in the zoning district.
• Drainage: No building, structure, use, land-contour change, or drainage-channel change may obstruct, interfere with, or substantially change drainage to the detriment of neighboring lands. A person proposing to build or change the existing drainage situation is responsible for providing data to the City or its designated agent showing that the change will not be detrimental to neighboring lands.
• Right-of-Way Conditions: A right-of-way encroachment easement may be issued only if the City Manager determines that the encroachment is not hazardous to or interfering with vehicle or pedestrian traffic, complies with vision requirements, and does not interfere with public utilities in the public street right-of-way.
• Utility Equipment Clearance: The City fence packet states that shrubs and structures must be kept 10 feet from the front side and 3 feet from the other sides of utility equipment.
• Access Gates: The City fence packet states that a gate is required in the front yard and back yard for rescue access.
• Utility Safety: Nebraska law requires notice through Nebraska 811 before excavation begins. For fence projects that involve digging, including fence post holes, notice generally must be given at least 2 full business days and not more than 10 business days before excavation begins, subject to limited exceptions.
FENCE HEIGHT AND VISIBILITY RULES
• Open Fence Definition: An open fence is a fence with more than 60 percent of its area open or perforated so that it does not obstruct visual observation.
• Solid Fence Definition: A solid fence is a fence with less than 60 percent of its area open or perforated so that it obstructs visual observation.
• Residential Street-Facing Yards: In areas where the primary use is residential, any yard facing a public street, from the public street right-of-way to the front line of the main structure, may have only an open fence not exceeding 42 inches in height.
• Other Residential Yards: In any other residential yard, a solid or open fence is allowed, not exceeding 6 feet in height.
• Sight Triangle: Fences must comply with the City’s vision-clearance requirements. At the intersection of two streets, no plant material or structure may hinder vision within a sight-distance triangle bounded by the roadway edges or curbs and a diagonal line meeting those roadway edges or curbs 40 feet from their intersection at the corner.
• Vertical Visibility Band: A structure or plant material hinders vision when it exists between 2 feet and 8 feet above the crown of the adjacent street within the sight-distance triangle.
• Clear-Vision Plan Review: The City fence application requires the site plan to show all fence types and heights and to show compliance with clear vision.
MATERIAL AND CONSTRUCTION LIMITS
• Allowed Fence Materials: Fences must be built of structurally sound materials, including concrete, galvanized chain-link, masonry, vinyl, wrought iron, or wood fencing material not exceeding 6 inches in width.
• Finished Surface: The finished surface of all fences must face adjoining property or street frontage.
• Shared Common Fence Line: Where two or more property owners share a common fence line, the property owners jointly determine which side of the common fence line receives the finished face. That determination must be consistent for the entire length of the common fence line.
• Supporting Posts: All supporting posts for fence construction must be set in concrete, except for agricultural fencing.
• Barbed Wire: Barbed wire is prohibited for standard residential fencing. The code allows barbed wire only for perimeter security fencing of facilities in an industrial district, outdoor storage areas in a commercial district, public owned and operated facilities, and fencing constructed for agricultural purposes on parcels of land in an agricultural district.
• Electric Fences: Electric fences may not be constructed or maintained within the City of Lexington or its extraterritorial zoning jurisdiction except in agricultural districts.
• Vegetation Used as Barrier or Screen: Vegetation used as a barrier or screen is subject to the right-of-way encroachment rule and the City’s vision-clearance requirements.
• Maintenance: All fences must be maintained in a safe and sanitary condition and, when necessary, repaired or replaced with materials that provide equivalent size, shape, and appearance.
PRIVATE RESTRICTIONS
• Private Covenants: HOAs, covenants, subdivision restrictions, deed restrictions, private easements, agricultural agreements, and private boundary agreements operate independently from City fence rules and may be more restrictive.
• Private Easements: Private utility, access, drainage, or maintenance easements may limit fence location even when the City code does not state a property-line setback for standard residential fences.
• Boundary Matters: The City fence permit process requires property owners to locate property pins before a permit is issued, but private boundary disputes, shared-fence arrangements, and property-line agreements remain separate from the City’s administrative permit process.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Permit Review: Construction or alteration of any fence within the City of Lexington zoning jurisdiction before a building permit has been issued.
• Site Plan Review: Fence applications that do not show the lot, existing buildings, proposed fence, dimensions, fence type, fence height, and clear-vision compliance.
• Property-Line Review: Fence placement that depends on locating property pins and keeping the fence entirely on the owner’s property.
• Residential Height and Openness: Residential fences over 42 inches in a street-facing yard where only open fences are allowed, or fences over 6 feet in other residential yards.
• Vision Clearance: Fences, walls, shrubs, trees, bushes, or other plant material that obstruct visibility inside the 40-foot sight-distance triangle or within the 2-foot to 8-foot vertical visibility band.
• Right-of-Way Encroachment: A fence, wall, or vegetation barrier placed in the public street right-of-way without the required easement permit from the City Manager.
• Utility Interference: Fence or vegetation placement that interferes with public utilities in the public street right-of-way or violates the City fence packet’s utility-equipment clearance notice.
• Floodplain Review: Fence work that constitutes floodplain development or substantial improvement without the required floodplain development permit.
• Drainage Impacts: Fence-related construction or site changes that obstruct, interfere with, or substantially change drainage to the detriment of neighboring lands.
• Material and Construction Compliance: Fence materials, finished-surface orientation, supporting-post installation, barbed wire, electric fence, gate access, and maintenance conditions that do not match Chapter 107 or the City fence packet.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within City of Lexington, based on publicly available materials reviewed as of May 2026.
In addition to local fence rules, certain Nebraska laws apply statewide. See Statewide Fence Laws in Nebraska.
It is not legal advice and does not replace official ordinances, permits, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, rural or agricultural context, and private restrictions such as HOA covenants or private agreements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Development Services Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Lexington staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.