A New Hampshire Homeowner's Guide to New Fences, Pool Fences and Fence Repair

Pools, digging and neighbors

Pool barriers, post holes and spite fences

Pool barriers. State law adopts the International Swimming Pool and Spa Code by reference as part of the state building code, now the 2024 edition alongside the 2024 International Residential Code, though through December 31, 2026 a permit request may still use the 2021 set. (RSA 155-A:1; Merrimack summary of the state code dates). A pool fence is therefore governed by that code as New Hampshire adopts it, and your town building department enforces it.

Federal pool fence guidance. The Consumer Product Safety Commission's guidelines are not a mandatory standard and never take the place of adult supervision. They call for a barrier at least 48 inches above grade, no more than 4 inches of clearance under it (2 inches over grass, gravel and similar ground), and no gap a 4-inch sphere can pass through. Rails less than 45 inches apart go on the pool side with vertical gaps of 1¾ inches or less; chain-link mesh should be no bigger than 1¼ inches square unless slatted down to 1¾ inches. Gates should swing outward from the pool and close and latch by themselves, with any release under 54 inches placed on the pool side. Door alarms are advised where the house forms part of the barrier, and an above-ground pool's ladder should be secured, locked, removed or fenced (CPSC Pub. 362).

Dig Safe before post holes. State law defines excavation as any operation on private property or in a public way that moves or displaces earth; it leaves out farm tilling, landscaping and upkeep of a home done with non-mechanized tools, and mechanized lawn work such as edging, aeration and de-thatching, but setting fence posts is not on that list. Within 100 feet of an underground facility, notice is due at least 72 hours ahead, not counting Saturdays, Sundays and legal holidays, and no more than 30 days ahead, and the dig area must be premarked in white paint, stakes or other white markings; the notice is good for 30 calendar days. A homeowner digging on their own property is exempt from the civil penalty paragraph, not from the duty to give notice (RSA 374:48-56). Dig Safe notes that in New Hampshire, Election Day in even-numbered years counts as a holiday (how Dig Safe works). Call 811 or 888-DIG-SAFE; it is free (Dig Safe).

Spite fences. Under a statute dating to 1887, a fence "unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying" the owners or occupants next door "shall be deemed a private nuisance" (RSA 476:1). The injured neighbor may sue for damages, and if the neighbor wins, the owner must remove the fence within 30 days of judgment, after which a penalty of $10 a day runs (RSA 476). Height alone isn't enough; the fence must also be unnecessarily tall and meant to annoy. For a question about where the line runs, start with a survey or the town; this page is not legal advice.