Fence laws in Illinois
What Illinois statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Illinois fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | 765 ILCS 130/3 |
| Fence height | Silent | no figure | 765 ILCS 130/2 |
| Permits | Stated | no figure | Illinois Residential Building Code Act, Sec. 15 |
| Pool barriers | Silent | no figure | 210 ILCS 130/1 |
| Spite fences | Silent | no figure | 765 ILCS 130/3 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in Illinois, question by question
Who owns the fence between two properties in Illinois?
StatedThe code gives a plain answer, and the line it appears on is quoted.
The Illinois Fence Act splits a division fence between adjoining owners in just proportion. The rest of the section is about hedge fences, which have to be cut back to four feet in the year after the hedge turns seven and trimmed to five feet at least every two years after that. An owner who has done the trimming can give ten days written notice to a neighbor who has not, then do the work and recover the cost in court. Township fence viewers settle disputes.
When 2 or more persons have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them
How tall can a fence be in Illinois?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Illinois sets no statewide limit on residential fence height. The Fence Act names four and one half feet, but that is the minimum that makes a fence legal and sufficient for holding stock, and the same section lets township electors or the county board set their own figure. The Residential Building Code Act sets no height either. A yard fence height comes from municipal zoning.
Documents read before writing that:
- 765 ILCS 130/2Illinois General Assembly
- Illinois Residential Building Code ActIllinois General Assembly
Do I need a permit for a fence in Illinois?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Illinois has no single statewide building permit rule for homes. In a place with no local building code, the Residential Building Code Act makes the builder and the buyer name a code in the construction contract, and if they name none the International Residential Code applies by default. Since January 1, 2025 a separate section of the Capital Development Board Act also requires any municipal or county code to be at least as strict as a recent edition of the model codes for structural design.
A contract to build new residential construction in any non-building code jurisdiction must adopt as part of the construction contract the applicability of a residential building code that is agreed to by the home builder and the home purchaser as provided in this Section.
Pool fence requirements in Illinois
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Illinois writes no barrier rule for a pool at a private home. The Swimming Pool Safety Act defines a swimming pool as one built for public swimming and says in plain words that it does not include pools at private residences used only by the owner and guests. The Illinois Swimming Facility Code carries the same carve out for pools at private single family homes. What a home pool needs comes from local ordinance and from whichever residential code the jurisdiction has adopted.
Documents read before writing that:
- 210 ILCS 130/1Illinois General Assembly
- 77 Ill. Adm. Code 820Illinois General Assembly, Joint Committee on Administrative Rules
Spite fence laws in Illinois
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Illinois has no spite fence statute. The Fence Act covers cost sharing, what counts as a legal fence, and hedge trimming, and it sets no height trigger tied to intent. A dispute over a fence built to annoy a neighbor is handled in Illinois as a common law nuisance claim or under a local ordinance.
Documents read before writing that:
- 765 ILCS 130/3Illinois General Assembly
- 765 ILCS 130/2Illinois General Assembly
How fence height is measured in Illinois
Not researched yet for Illinois. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Illinois
Not researched yet for Illinois. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Illinois
Not researched yet for Illinois. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Illinois
Not researched yet for Illinois. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Illinois
Not researched yet for Illinois. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Illinois General AssemblyIllinois Compiled Statutes, Property, Fence Act
- Illinois General AssemblyIllinois Compiled Statutes, Property, Fence Act, Legal and sufficient fences
- Illinois General AssemblyIllinois Compiled Statutes, Illinois Residential Building Code Act
- Illinois General AssemblyIllinois Compiled Statutes, Health Facilities and Regulation, Swimming Pool Safety Act
- Illinois General Assembly, Joint Committee on Administrative RulesIllinois Administrative Code, Title 77, Part 820, Swimming Facility Code
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean