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Do I Need a Permit for a Fence in Chicago?

Fence permits and rules in Chicago and nearby suburbs: the 5-foot permit rule, height limits, landmarks, surveys, pool fences and 811 Chicago.

Do I Need a Permit for a Fence in Chicago?

In Chicago you need a permit for any fence more than 5 feet high. A fence of 5 feet or less needs no building permit if it meets the Zoning Ordinance. The suburbs each have their own rule, and most of the ones we serve require a permit at any height.

Do I need a permit to build or replace a fence?

In the city, yes if it is over 5 feet. Section 14A-4-404.7 of the Municipal Code makes it unlawful to put up a fence more than 5 feet high without a permit from the Department of Buildings. The height is measured on both sides. A like-for-like replacement of a 6-foot fence counts as putting up a fence, so it needs the permit too. Painting a fence or replacing limited damaged parts does not. The city's express permit for fences always requires a licensed general contractor, or the owner acting as contractor on the city's form. In the suburbs the rule is tighter: Oak Park, Berwyn, Cicero, Oak Lawn, Park Ridge, Elmwood Park, Lincolnwood and Burbank all require a fence permit. Our town pages name the office for each.

How tall can my fence be? Is 6 feet allowed?

Yes, with a permit. The city's permit terms cap residential fences at 6 feet in general, and posts may stand up to 6 inches above that. In the front setback, a fence that is more than 20 percent solid is limited to 54 inches. A front fence up to 6 feet is possible only if it is at least 80 percent open, such as steel or aluminum picket. Height is measured from the lowest ground within 12 inches of the fence on either side. Anything taller than 6 feet needs a survey, a site plan and zoning approval.

How close to the property line can I build? Do I need a survey?

You may build up to your line, as long as every post and footing stays on your side. The strip between the sidewalk and the curb is the public parkway and is not yours to fence. On a 25-foot lot a few inches matter, and old fences are a poor guide to the true line. If the boundary is not marked or your neighbor disagrees, get a plot plan or a survey before any hole is dug. Chicago asks for an official survey with the permit for a fence over 6 feet. Lincolnwood wants one dated within five years, and Burbank wants it on site at inspection.

I live in a historic district. What can I build?

Check with the city's Historic Preservation Division before you choose a fence. The rule that lets a fence of 5 feet or less go up without a permit does not apply to a Chicago Landmark or to a property in a landmark district. Work there is reviewed first. In Oak Park, the village may ask for product details or samples for a fence in one of its historic districts.

Can my condo association or HOA restrict my fence?

Yes. An association or HOA can set tighter limits than the city on height, material and color, and many townhome and condo declarations do. For a condominium, Chicago's fence permit application asks for an approval letter from the association. Get that approval in writing before you pay for materials.

We are adding a pool. What fence does code require?

In Chicago, a private residential pool more than 48 inches deep must have its deck fully enclosed by a fence or wall at least 5 feet high, gates included. Gates need self-closing and self-latching hardware set out of the reach of small children, and a metal fence must be electrically grounded. That is the Department of Buildings guidance for homes with one to three units. Suburbs apply their own pool barrier rules, so ask the building department there.

The inspector failed my existing fence for the pool. Who brings it up to code?

A fence contractor does the fence items. An older yard fence most often fails on height, on a gate that does not shut and latch by itself, or on gaps. Send us the inspector's list and we price those items and nothing else. Grounding a metal fence is electrical work and goes to a licensed electrician.

My association only allows a 4-foot open fence, but I want privacy. What are my options?

Work inside the rule first. Planting a hedge or tall grasses behind a 4-foot open fence fills in over a couple of summers. A freestanding screen next to the patio may be judged under a different rule than a boundary fence. You can also ask the board in writing for an exception. Look at your survey for easements as well, because a fence may not be allowed across a utility or drainage strip.

Who calls 811 before digging, me or the contractor?

Whoever digs places the request. Inside the city limits the service is 811 Chicago, run by the City of Chicago. It is free, and it needs at least two business days of notice before any digging. A city dig ticket is good for 28 days. Outside the city, in every suburb we serve, the service is JULIE, the Illinois one-call system, which asks for at least 3 days of notice. We place the request for every fence we build. The utilities mark only lines they own. Sprinkler pipe, yard lighting and a power line you ran to the garage are private, and you need to show us where they are.

My contractor wants to skip the permit and reuse the old holes. What is the risk?

You carry it, as the owner. If the fence is over 5 feet in Chicago, or any height in a suburb that requires a permit, the city or village can stop the work or order changes, and the notice comes to you. Old holes are the other half of the problem. Shallow holes heaved the last fence and will heave the next one.

The city says my existing fence breaks the current rules. Can I just repair it?

Ask the building department before you spend anything. Limited repairs are usually allowed, but a fence that is rebuilt normally has to meet today's rule. Evanston is a clear example: a fence that stood before April 1, 1999 can be replaced in kind, with the same height, material and openness, even where a new fence would not be allowed.

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