Short answer
It depends on your easement, so read it first. Berks County had preserved 70,031 acres on 709 farms by 2016, more than any other Pennsylvania county, so easement land is common here. The easement deed, not the township code, decides what you can build, and we haven't reviewed what Berks easements say about fences. Fencing that serves the farm, like pasture, livestock or deer fence, is the easiest case to make. Clear a yard fence or anything structure-like with the county farmland preservation office first.
Why this comes up so often in Berks
By April 2016, Berks County had preserved 70,031 acres on 709 farms, more than any other county in the state program. Oley Township, which has more Class I farm soils than any other Berks municipality, and the farm country around Hereford, Bally and Washington Township are places where easement properties are common. People who buy them often find the easement in their closing papers and wonder what it means for a fence.
Three layers of rules
| Layer | What it controls | Where to look |
|---|---|---|
| Farmland preservation easement | What can be built or changed on the land, recorded with the deed | Your deed and the easement document; the county farmland preservation office |
| Township zoning | Height, placement, materials, barbed and electric wire | The township code; we check it for every job |
| Pennsylvania's Fence Law | Who shares the cost of a line fence between two farms | State statute; summarized by the Pennsylvania Farm Bureau |
We haven't reviewed the language in Berks County easements for this page, so we can't tell you what yours allows. What we can say is that the easement document governs, and the county office that holds it can answer questions about fences before you build. If anything is unclear, a Pennsylvania real-estate attorney can review it with you. This page isn't legal advice.
What township codes say about farm fences
Several local zoning codes give agricultural fencing room that residential fences don't get:
- Amity, Douglass (Berks) and Muhlenberg townships allow barbed wire for agricultural purposes but not on ordinary residential fences.
- Boyertown, Colebrookdale and Pike allow electric fences only to contain farm animals, at low intensity.
- Elverson Borough exempts agricultural fences that contain livestock from its fence section altogether.
- Oley, Hereford and Washington Township: we haven't verified Oley's or Hereford's fence codes. Washington Township's zoning chapter has no general fence height limit but keeps fences out of the road right-of-way and limits fences near driveways.
Line fences between two farms
Pennsylvania's Fence Law, from 1905 and amended in 1955, says owners of improved, occupied farmland share the cost of a line fence between them equally. The Pennsylvania Supreme Court, in Fogle v. Malvern Courts, limited it to farms and ranches, so it doesn't apply to houses in a development. The law also says no one can be required to build or repair a line fence from December through March. If your livestock get out, the state's trespassing-livestock law lets a constable impound them; the owner must be notified within 24 hours and then has 4 days to pay damages. Talk to a Pennsylvania attorney about how any of this applies to your farm.
Choosing fence for a preserved farm
- Pasture and horses: post-and-board or woven wire with a top board.
- Orchards and vegetables: an 8 ft deer fence. A Game Commission officer quoted in Lancaster Farming recommends 8 ft over the older 6 ft high-tensile electric design.
- Around the house: split rail or a modest picket close to the farmhouse, sized to the yard you actually use.
Bring the easement to the estimate if you have it. We'll plan the fence around what it says and what the township allows, and flag anything you should clear first.
Common questions
Do I need the county's permission to replace an existing farm fence?
The easement decides. A quick call to the office that holds it before work starts costs nothing and avoids surprises.
Can I fence off part of a preserved farm as a large yard?
That's the kind of change to ask about first. Turning farmland into lawn may conflict with the purpose of the easement.
Does the Fence Law make my neighbor pay for half of my deer fence?
The Fence Law deals with line fences between occupied farms. A deer fence around your own orchard isn't a line fence. For a boundary fence between two working farms, talk to an attorney about how the law applies.