Is It Legal to Put Barbed Wire on Your Fence? 2026

Legally Explained
On: May 24, 2026 |
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Putting barbed wire on your fence is legal in some parts of the US and outright prohibited in others. There is no single federal law governing it. Local zoning ordinances, state statutes, and property type are what actually decide whether you can install it.

Most people assume barbed wire is always fine on their own property. That assumption gets homeowners into real legal trouble, especially in suburban and urban zones where residential fencing ordinances specifically ban it.

This article breaks down exactly who can use barbed wire, what height rules apply, what states say, what happens when someone gets hurt, and what your options are if a neighbor installs it against the rules.

Is It Legal to Put Barbed Wire on Your Fence?

It is legal to put barbed wire on your fence in many rural and agricultural areas of the US, but it is restricted or banned outright in most urban and suburban residential zones. The legality depends on your property type, your local zoning ordinance, and your state’s fencing statutes.

No federal law governs residential or agricultural fencing materials. That means the answer to this question is set entirely at the state and local level. A cattle rancher in rural Texas has very different legal rights than a homeowner in suburban Los Angeles.

The distinction that drives most of these rules is property type. Agricultural and rural zones almost universally allow barbed wire. Residential zones often restrict or prohibit it, particularly when the fence faces a public street or is near a school or public walkway.

Quick Facts:

  • No federal law bans or regulates barbed wire on private fences
  • State law governs agricultural fencing; local ordinance governs residential fencing
  • Rural and agricultural properties can almost always use barbed wire legally
  • Residential and suburban zones frequently ban it or restrict its height
  • Violation of a local ordinance can result in fines and an order to remove it

Even where local ordinance allows barbed wire, liability exposure for injuries remains a separate legal risk that the ordinance does not eliminate.


Is It Illegal to Have Barbed Wire on Your Fence?

Yes, having barbed wire on a fence is illegal in many residential areas under local zoning ordinances, even if you already installed it before learning the rules. The violation is typically a civil code infraction, not a criminal offense.

Local zoning codes and municipal ordinances are the primary tools jurisdictions use to regulate fencing materials. Many cities and counties list specific materials that are either prohibited or require a variance, and barbed wire appears on those prohibited lists in most suburban and urban zones.

Cities including Chicago, Los Angeles, and New York all have ordinances that restrict or prohibit barbed wire on residential property fences. In Chicago, for example, the Municipal Code prohibits barbed wire on any fence in a residential district unless it is placed at least eight feet above the adjacent grade level.

Common reasons barbed wire is banned in residential areas:

  • Risk of injury to pedestrians, cyclists, and children
  • Aesthetic standards for residential neighborhoods
  • School zone proximity restrictions
  • HOA community standards
  • Insurance and liability concerns driving municipal policy

If you already have barbed wire installed and a code enforcement officer inspects, the officer can issue a Notice of Violation requiring removal within a set timeframe. Fines can apply from the date of the notice and accumulate daily until the violation is cured.


Is It Illegal to Put Barbed Wire on a Fence?

Putting barbed wire on a fence is illegal in most residential zones without a variance or exception, and the act of installation itself is what triggers the violation, not just the presence of the wire afterward. The moment you install it in a prohibited zone, you are in violation of the local ordinance.

This matters practically because it means you cannot claim ignorance of the rule after the fact. A code enforcement complaint from a neighbor or a drive-by inspection can result in a notice issued the same day the wire goes up.

The threshold question is always the local code. Before installing any security fencing material, checking with your local planning or zoning department is the only reliable way to know whether barbed wire is permitted on your specific parcel.

Where the prohibition typically comes from:

Source of ProhibitionWho Sets ItWho Enforces It
Municipal zoning ordinanceCity or county governmentCode enforcement division
State residential fencing lawState legislatureState or local authority
HOA Covenants (CC&Rs)HOA boardHOA, civil litigation
School zone restrictionLocal school district or cityCode enforcement or police
Historic district ruleLocal historic preservation boardPlanning department

The most common source is the municipal zoning ordinance. That is also the most enforced source, because code enforcement officers operate under it directly.


Is It Legal to Have Barbed Wire on Your Fence?

Having barbed wire on your fence is legal when the fence is on rural or agricultural property, when local ordinance permits it, and when it complies with any applicable height or placement rules. In those circumstances, no law requires you to remove it.

Agricultural property owners in the US have the broadest rights here. State fencing statutes in agricultural states like Texas, Kansas, Montana, and Wyoming specifically contemplate barbed wire as a legal and standard fencing material for livestock containment. Farmers and ranchers have used it legally for over a century, and those rights are codified in state law.

Putting barbed wire

The legal situation is different for suburban property owners. Having barbed wire on a residential fence that faces a public sidewalk or street in most cities puts you in active violation of local ordinance. The fact that it is already installed does not protect you once a complaint is filed.

Legal status by property and location type:

Property TypeBarbed Wire Legal?Key Conditions
Agricultural (rural)Yes, generallyMust comply with state fencing statute
Industrial/commercialOften yesHeight requirements may apply
Residential (rural/unzoned)Usually yesCheck state and county rules
Residential (suburban/urban)Usually noLocal ordinance governs
Residential near schoolOften no regardless of zoneSchool proximity restrictions apply
HOA communityDepends on CC&RsHOA rules override local permissiveness

Key Takeaway: Barbed wire on a fence is legal for agricultural and rural landowners in most US states, but it is restricted or banned in most residential zones by local ordinance. The property type and local code are the controlling factors.


Can You Put Barbed Wire on a Residential Fence?

You generally cannot put barbed wire on a residential fence in urban and suburban jurisdictions. Most city and county zoning codes that govern residential areas either ban it outright or restrict it to heights that make it impractical for a standard yard fence.

There are exceptions. Some rural residential areas operate under lighter zoning codes that do not specifically prohibit barbed wire. Some jurisdictions allow barbed wire on residential fences if it is installed above a certain height, typically six to eight feet above grade, which effectively puts it out of reach of pedestrians.

Getting a variance is another option. A property owner can apply to the local zoning board for a variance that allows an otherwise prohibited fencing material based on specific security needs. Variance approvals are not guaranteed and involve a hearing process, but they do provide a legal pathway where straight-up installation does not.

When barbed wire on a residential fence might be allowed:

  • The property is in a rural residential zone with no specific barbed wire prohibition
  • The jurisdiction allows it above a minimum height threshold
  • A zoning variance has been approved for the specific property
  • The fence is on the interior of the lot, not facing a public street or sidewalk
  • State law specifically allows it for certain security purposes

Even where a residential exception exists, homeowner liability for injuries does not disappear. The ordinance compliance and the liability question are separate issues.


Is Barbed Wire Legal in Residential Areas?

Barbed wire is not legal in most US residential areas under local zoning ordinances. The majority of cities and suburban counties have adopted fencing material restrictions that exclude barbed wire from permitted residential fence materials.

The reasoning behind these restrictions is straightforward. Residential neighborhoods have pedestrians, children, cyclists, and neighbors in close proximity to fences. Barbed wire creates a genuine injury risk in that environment, and municipalities have consistently chosen to restrict it rather than deal with the liability and safety consequences.

Think of it like having a swimming pool with no safety fence around it. You own the property and you have rights, but local rules still require you to take specific precautions when your choices create risk for others. Barbed wire in a residential area creates a similar public safety concern that ordinances address directly.

Some jurisdictions carve out exceptions for legitimate security applications. A property owner running a business from a residential-zoned property might qualify for a variance. A homeowner with documented threats might have grounds for a conditional use permit. But those are exceptions that require proactive approval, not a default right.

Residential barbed wire restriction by area type:

Area TypeBarbed Wire Permitted?Notes
Dense urban residentialNoStrict prohibition in most city codes
Suburban residentialNo in most jurisdictionsHOA rules often add additional ban
Rural residentialSometimesCheck county zoning code
Unincorporated ruralOften yesLimited code enforcement
Residential near schoolAlmost neverProximity restrictions apply

Barbed Wire Fence Laws by State

Barbed wire fence laws vary significantly by state, with the clearest dividing line between agricultural states that protect barbed wire use in statute and coastal or urban-heavy states that restrict it through local ordinance frameworks.

Agricultural states like Texas, Kansas, Nebraska, Montana, Wyoming, and Oklahoma have detailed fencing statutes that specifically authorize barbed wire as a lawful fencing material for agricultural purposes. Those statutes sometimes preempt local ordinances from banning it on agricultural land.

States with stronger urban populations and denser local government frameworks, like California, New York, Illinois, and New Jersey, tend to leave fencing rules to local municipalities, which frequently restrict or ban residential barbed wire.

Barbed wire fence laws: key states at a glance:

StateAgricultural UseResidential UseKey Statute or Authority
TexasLegal and specifically protectedRestricted in citiesTexas Agriculture Code Section 143.121
CaliforniaLegal in agricultural zonesBanned in most citiesCalifornia Penal Code Section 596; local ordinance
FloridaLegal in agricultural zonesRestricted by local ordinanceFlorida Statute 588.01
KansasLegal and protectedMinimal state restrictionKansas Statute 29-301 et seq.
New YorkLimited statutory protectionBanned in most municipalitiesLocal ordinance governs
MontanaLegal and protectedRarely restricted in rural areasMontana Code Annotated 81-4-101
IllinoisLegal in rural areasChicago bans residential useChicago Municipal Code 10-28-070
NebraskaLegal and protectedMinimal restrictionNebraska Revised Statute 34-115

These laws reflect publicly available statutory information. Always confirm current local ordinance with your city or county planning department.


Barbed Wire Fence Height Restrictions

Barbed wire fence height restrictions are one of the most important and least understood aspects of this topic. Many jurisdictions that allow barbed wire at all require it to be installed at a minimum height above the adjacent grade, making standard yard-height installation illegal even where the wire itself is permitted.

The most common threshold is six feet. Many city ordinances that allow barbed wire in commercial or industrial zones require the wire to be placed at least six feet above grade. Some require eight feet, particularly near public sidewalks or in zones with heavy pedestrian traffic.

The logic behind height requirements is injury prevention. Barbed wire at eye level or arm height poses a direct risk to pedestrians walking past a fence. At eight feet or higher, it is effectively out of reach of a person standing on the public side of the fence.

Common barbed wire height requirements by jurisdiction type:

Jurisdiction TypeMinimum Height Above GradeNotes
Commercial/industrial zone6 to 8 feet typicallyVaries by city ordinance
Residential zone (where allowed)Often 6 feet minimumMany cities ban it entirely
Agricultural landUsually no height requirementState fencing statutes govern
School proximity zoneOften prohibited regardless of heightSafety restriction applies
Near public sidewalk8 feet in many citiesPedestrian safety rule

A fence that is five feet tall with barbed wire on top is not in compliance with a six-foot minimum height requirement. The measurement is from grade level to the lowest strand of barbed wire, not from the top of the fence post.


Barbed Wire Fence Laws for Agricultural Land

Barbed wire fences on agricultural land are legal in virtually every US state and are specifically protected by agricultural fencing statutes in most farming states. This is the original and most clearly legal use of barbed wire in the country.

Agricultural fencing statutes serve two purposes. They define what constitutes a lawful fence for livestock containment purposes, and they allocate responsibility between adjoining landowners for fence maintenance along shared property lines. Barbed wire is named as a lawful fencing material in the livestock fencing statutes of Texas, Kansas, Nebraska, Montana, Oklahoma, Wyoming, and most other agricultural states.

In many agricultural states, a “legal fence” is defined specifically to include barbed wire of a certain gauge and strand count. Texas Agriculture Code Section 143.121, for example, defines a legal fence as including at least three strands of barbed wire of a specified gauge on posts spaced not more than 30 feet apart. Fences meeting that standard are specifically protected under state law.

Agricultural barbed wire fence standards (selected states):

StateMinimum Strands RequiredPost Spacing MaximumGoverning Statute
Texas3 strands30 feetAgriculture Code 143.121
Kansas3 strandsVaries by countyKansas Statute 29-301
Nebraska3 to 4 strands30 feetRevised Statute 34-115
Montana4 strandsVariesMCA 81-4-101
Oklahoma3 strands30 feetOklahoma Statute 4-121

Key Takeaway: Agricultural landowners in most US states have clear statutory authority to use barbed wire fencing. Residential property owners in urban and suburban areas face the opposite presumption: barbed wire is restricted or banned unless a specific local exception applies.


Barbed Wire Fence Permit Required: What You Need to Know

Whether a permit is required to install barbed wire on a fence depends on the jurisdiction and the property type. In most jurisdictions, any fence above a certain height triggers a building permit requirement, and barbed wire adds a layer of material approval on top of that.

Many cities require a fence permit for any fence taller than four or six feet. The permit application process includes specifying the fence material. A permit application listing barbed wire in a zone where it is prohibited will be denied. That denial is your official notice that the installation would be illegal.

In rural and agricultural areas where barbed wire is standard, fence permits are often not required at all. Agricultural fencing is generally exempt from building permit requirements in counties that follow agricultural use patterns.

Permit requirements by situation:

SituationPermit Required?Material Approval Required?
Residential fence over 6 feetYes in most citiesYes; barbed wire may be denied
Residential fence under 4 feetOften noLocal rules govern
Agricultural fence (rural)RarelyNo; state statute governs
Commercial/industrial fenceOften yesMaterial approval required
HOA community fenceHOA approval plus city permitBoth required

Pulling a permit before installing also protects you from neighbor complaints after the fact. A permitted fence that passes inspection has documentation showing it was approved. An unpermitted fence has no such protection.


Can You Use Barbed Wire for Security?

Barbed wire can be used for security purposes, but whether it is legal for that use on your specific property depends entirely on your zoning, local ordinance, and property type. Security is not a blanket exemption from fencing restrictions.

Commercial and industrial property owners have the most flexibility for security fencing. Many local ordinances allow barbed wire on commercial or industrial fences, particularly when the wire is installed above the standard fence height. Warehouses, storage facilities, and industrial yards commonly use barbed wire legally.

Residential property owners have far less flexibility. A homeowner who installs barbed wire for security without a variance is still in violation of local ordinance. The security justification does not override the ordinance unless a formal variance or conditional use permit has been approved by the zoning board.

Where barbed wire security use is most clearly legal:

  • Industrial and warehouse properties in industrial zones
  • Commercial storage facilities
  • Agricultural properties where livestock protection is the purpose
  • Military and correctional facilities (governed by separate regulations)
  • Properties that have obtained a specific security use variance

The practical difference between legal and illegal security barbed wire often comes down to a single document: either the local ordinance permits it for your zone, or you have an approved variance. Without one of those, security need alone is not a legal defense.


Barbed Wire on Fence Liability

Installing barbed wire on a fence creates real legal liability exposure, and that liability does not disappear just because local ordinance allows the wire. Property owners owe a duty of reasonable care to people who might foreseeably come into contact with their fence.

If someone is injured by barbed wire on your fence, you can face a personal injury lawsuit under premises liability law. The outcome of that lawsuit depends on whether your fence complied with local ordinance, whether the injured person was a trespasser or a lawful visitor, and whether the installation created an unreasonable hazard.

The negligence per se doctrine is particularly important here. If your barbed wire violates a local ordinance, that ordinance violation can be used as automatic evidence of negligence in a civil lawsuit. You do not need to prove the property owner was careless separately. The ordinance violation itself establishes the breach of duty.

Liability factors that affect your exposure:

FactorHow It Affects Liability
Ordinance complianceViolation creates negligence per se; compliance reduces but does not eliminate risk
Injured party statusTrespasser has lower recovery rights; licensee or invitee has higher rights
Warning signs postedReduces but does not eliminate liability
Fence height complianceCompliance shows reasonable care; violation strengthens plaintiff’s case
Child injured (attractive nuisance)Higher liability; Restatement Second of Torts Section 339 applies

The attractive nuisance doctrine creates elevated liability when a child is injured. Courts apply this doctrine when a hazardous condition on private property is likely to attract curious children who cannot appreciate the danger. A barbed wire fence near a playground or school triggers this analysis.


Can a HOA Ban Barbed Wire on Fences?

Yes, a homeowners association can legally ban barbed wire on fences through its CC&Rs, and that ban is enforceable through civil remedies regardless of what local ordinance says about the fence material. HOAs are private organizations, and their rules operate as private contracts.

When you purchase a home in an HOA community, you agree to the CC&Rs. Those covenants can restrict fencing materials, colors, heights, and styles. A CC&R that prohibits barbed wire gives the HOA authority to enforce that restriction through fines, liens, and ultimately civil litigation if you refuse to comply.

The HOA ban applies even in jurisdictions where the local ordinance would otherwise allow barbed wire. An HOA can be more restrictive than local government. It cannot be less restrictive than local law, meaning if local ordinance bans barbed wire, the HOA does not have authority to allow it either.

HOA enforcement tools for fence violations:

Enforcement ToolWhat the HOA Can DoLegal Basis
Warning noticeNotify homeowner of violationCC&R enforcement authority
FinesAssess per-day or per-occurrence finesCC&R fine schedule
Lien on propertyPlace lien for unpaid finesState HOA lien law
Civil lawsuitSue for injunction and damagesContract law (CC&R breach)
Forced removalSeek court order requiring removalInjunctive relief

The HOA cannot physically remove the barbed wire without a court order. But if you ignore HOA fines long enough, those fines become a lien that can complicate or block a future sale of your home.


Neighbor Put Barbed Wire on Fence: What Are Your Rights?

If a neighbor installed barbed wire on a fence that borders your property and you believe it violates local ordinance or creates a safety hazard, you have several legal options. You are not without recourse.

The first step is checking your local ordinance. If the barbed wire violates a local fencing restriction, you can file a complaint with your city or county code enforcement department. Code enforcement will inspect and, if a violation exists, issue a Notice of Violation to your neighbor requiring removal.

If the fence sits on or over the property line, additional legal claims are possible. A fence encroaching on your property can be the subject of a civil trespass claim. Barbed wire overhanging your property creates both a trespass and a nuisance claim under common law.

Your options when a neighbor installs illegal barbed wire:

  • File a code enforcement complaint with your local municipality
  • Contact your HOA if you are both in the same HOA community
  • Document the installation with photographs and dated records
  • Send a written demand letter requesting removal if it crosses the property line
  • File a civil lawsuit for nuisance or trespass if the wire overhangs your property
  • Seek a restraining order if the wire creates an imminent safety hazard

Code enforcement is the fastest and lowest-cost option in most cases. Civil litigation is slower and more expensive but available for situations where enforcement does not resolve the problem.

Key Takeaway: If a neighbor installs barbed wire that violates local ordinance, code enforcement is your primary remedy. If it crosses the property line or overhangs your property, civil trespass and nuisance claims are available. Document everything before taking any action.


Is Barbed Wire Legal in California?

Barbed wire is legal in California on agricultural land but is effectively banned in most residential areas by a combination of California law and local ordinance. California Penal Code Section 596 makes it illegal to maintain barbed wire adjacent to a public road in a manner likely to injure horses or cattle, which reflects the agricultural focus of the statute.

For residential properties, the rules come from local ordinances. Cities like Los Angeles, San Francisco, San Diego, and Sacramento all have fencing ordinances that restrict barbed wire in residential zones. Los Angeles Municipal Code Section 46.01, for example, prohibits barbed wire in residential districts.

California’s ADU and fencing laws generally leave specific material restrictions to local municipalities, so the rules vary city by city and county by county across the state. Always check with your specific city or county planning department before installing.

California barbed wire rules overview:

Area TypeBarbed Wire Legal?Governing Authority
Agricultural landYesState agricultural statutes
Rural residential (unincorporated)Often yesCounty ordinance governs
Los Angeles residentialNoLA Municipal Code 46.01
San Francisco residentialNoSF Planning Code
Commercial/industrial zoneOften yes with height requirementsLocal ordinance

California Penal Code Section 596 also creates criminal liability for fence owners whose barbed wire injuries livestock on public roads. That provision is separate from civil liability for injuries to people.


Is Barbed Wire Legal in Texas?

Barbed wire is legal in Texas for agricultural fencing and is specifically protected under the Texas Agriculture Code. Texas has some of the clearest and most protective agricultural fencing laws in the country, and barbed wire is a central part of that framework.

Texas Agriculture Code Section 143.121 defines a legal fence to include barbed wire meeting specific gauge and strand requirements. That definition matters because Texas uses it to assign fence maintenance obligations between adjoining landowners and to determine when livestock escape liability applies.

For residential properties in Texas cities, local ordinances control. Austin, Houston, Dallas, and San Antonio all have fencing ordinances that restrict or ban barbed wire in residential zones. An Austin homeowner is subject to Austin’s code, not just state law.

Texas barbed wire legal framework:

AreaBarbed Wire Legal?Governing Authority
Agricultural and ranch landYes, specifically protectedTexas Agriculture Code 143.121
Unincorporated rural TexasYes generallyCounty rules; many have none
Austin residentialRestrictedAustin City Code
Houston residentialRestrictedHouston Code of Ordinances
Dallas residentialRestrictedDallas Development Code
Commercial/industrial (cities)Often allowed with height rulesLocal ordinance

Texas also has an important legal concept called the “fencing in” versus “fencing out” distinction. In open range counties, landowners must fence cattle out of their crops. In closed range counties, cattle owners must fence livestock in. Barbed wire plays a direct role in both frameworks.


Is Barbed Wire Legal in Florida?

Barbed wire is legal in Florida for agricultural purposes under Florida Statute 588.01, which governs livestock fencing and open range rules. For residential and urban properties, local ordinances control, and most Florida cities restrict or ban residential barbed wire.

Florida’s agricultural fencing framework allows barbed wire on land used for livestock, farming, and rural property management. Florida Statute 588.01 addresses what constitutes a lawful fence for livestock containment purposes, and barbed wire meets that standard.

Miami, Tampa, Orlando, and Jacksonville all have local fencing ordinances that restrict barbed wire in residential zones. Florida’s permitting process for fences typically requires fence permit applications that specify materials, and barbed wire in a restricted zone will be denied.

Florida barbed wire rules by area:

AreaBarbed Wire Legal?Governing Authority
Agricultural landYesFlorida Statute 588.01
Rural unincorporated landOften yesCounty ordinance
Miami residentialRestrictedMiami-Dade County Code
Tampa residentialRestrictedTampa Code of Ordinances
Orlando residentialRestrictedOrlando Land Development Code
Commercial/industrial zonesOften permitted with height rulesLocal ordinance

Florida’s liability framework for fence-related injuries follows general premises liability principles. A barbed wire fence that injures a trespasser still creates liability exposure if the property owner knew children or others were likely to encounter the fence.


Frequently Asked Questions

Is it legal to put barbed wire on your fence in the US?

It depends entirely on your property type and local ordinance.
Barbed wire is legal on agricultural and rural land in most US states under state fencing statutes.
In urban and suburban residential areas, most local ordinances ban or restrict it.
There is no federal law governing residential or agricultural fencing materials, so state and local rules control.

Can I be sued if someone gets hurt on my barbed wire fence?

Yes, you can be sued if someone is injured by barbed wire on your fence.
If your fence violates a local ordinance, that violation can serve as automatic evidence of negligence under the negligence per se doctrine.
Even if the fence is legal, premises liability law requires you to maintain property in a reasonably safe condition.
Children injured by barbed wire may have stronger claims under the attractive nuisance doctrine.

Do you need a permit to install barbed wire on a fence?

Most jurisdictions require a building permit for fences over a certain height, and that permit application must specify the fence material.
If barbed wire is prohibited in your zone, the permit will be denied.
Agricultural fencing in rural areas is typically exempt from building permit requirements.
Always check with your local building or planning department before installing any new fence.

Can an HOA stop you from putting barbed wire on your fence?

Yes, an HOA can legally prohibit barbed wire through its CC&Rs, and that prohibition is enforceable through fines, liens, and court orders.
The First Amendment does not apply to HOA restrictions because HOAs are private organizations enforcing private contracts.
An HOA can be more restrictive than local ordinance but cannot authorize something local law already bans.
Ignoring HOA fines can result in a lien on your property that blocks a future sale.

Is barbed wire allowed on residential fences in any state?

Barbed wire on residential fences is rarely allowed in urban or suburban areas of any state.
Some rural residential areas in states with limited local zoning have no specific prohibition, making it effectively permitted.
States like Texas, Kansas, and Montana have agricultural fencing statutes that protect barbed wire use but those protections apply to agricultural land, not suburban yards.
The only reliable way to know if it is allowed on your specific residential property is to check your local zoning ordinance and HOA rules.


Barbed wire law in the US comes down to a simple framework: agricultural and rural use is almost always legal, and residential and suburban use is almost always restricted or banned. The local ordinance is what controls in the gray zone between those two categories.

Bookmark this page before making any decisions about your fence. Rules vary by city and county, and the liability exposure for getting it wrong is real enough to matter.

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