Fence laws in Arlington Heights, Illinois
What the Arlington Heights municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Arlington Heights sets no rule of its own, the Illinois rule is shown in its place and marked as such.
Fence laws in Arlington Heights, Illinois, question by question
The short version
- Who pays on the line
- A fence in Arlington Heights may sit on the lot line in the front, side and rear yards alike, and the village diagrams say so in as many words for each of them, so no general setback from the boundary applies. The figure is 5 feet, for setback from the perimeter of the lot along a street.
- How tall
- Arlington Heights states its fence heights in inches at the front and in feet at the back, and the answer turns on the yard, the shape of the lot, and whether the fence is set back from the street. The figure is 36 inches, for fence in a front yard.
- Permits
- No fence may be erected in Arlington Heights without a permit from the Director of Building, with no height threshold, and the code gives the Director two grounds to grant it on: the fence complies with the Code, and it will be erected in a structurally sound manner.
- Pool barriers
- Arlington Heights sets no statewide pool barrier rule. The chapters that were read are listed below. Cities and counties decide this one.
- Spite fences
- Arlington Heights has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Arlington Heights leaves the measuring rule to the corporate authorities of each municipality.
- Corner lots
- Arlington Heights uses one distance, twelve feet, and applies it in more places than most villages do, and the answer turns on the zoning district, and what the fence stands at the intersection of. The figure is 12 feet, for vision clearance distance at a residential corner.
- Retaining walls
- Arlington Heights leaves retaining walls to the municipal or county residential building code, or the International Residential Code named in the construction contract. It reaches newly built homes only.
- Materials
- Arlington Heights bans barbed wire outright and then bans slatted chain link by name, which is a rule almost no other Illinois village writes: the chain link itself is allowed, but weaving privacy slats through it is not, and the answer turns on the material, the zoning district, and what the fence stands next to.
- Livestock
- Illinois calls a fence legal at four and a half feet tall and in good repair. The figure is 4.5 feet, for height of a legal fence.
Who owns the fence between two properties in Arlington Heights?
Compare fences on the property line across all 50 states
Arlington Heights answers this in its own law. The words that do it are quoted below.
A fence in Arlington Heights may sit on the lot line in the front, side and rear yards alike, and the village diagrams say so in as many words for each of them, so no general setback from the boundary applies. What the code does require is the direction it faces: every fence has to be erected with the finished side facing the adjoining properties, so the posts and rails end up on the fence owner’s own side. The setback that does exist is a street rule rather than a neighbor rule. Where a corner lot or an exterior side yard carries a fence over three feet, it has to stand at least five feet back from the perimeter of the lot, which the code defines as the lot line, the sidewalk or the street pavement, whichever is closest to the building, and where the building itself is closer than five feet to that perimeter no fence may extend beyond the line of the principal building.
All fences must be erected with the finished side facing the adjoining properties;
5 ftsetback from the perimeter of the lot along a street
Also on fences on the property line in Arlington Heights
- set in state lawIllinois makes both neighbors pay for a fence on the line between them, each one a fair share. Most of the section is about hedge fences. A hedge has to be cut back to four feet in the year after it turns seven, then trimmed to five feet at least every two years. An owner who has done the trimming can give the neighbor ten days written notice, do the work, and sue for the cost. Town officers called fence viewers settle the fights. 765 ILCS 130/3Illinois · Statute
How tall can a fence be in Arlington Heights?
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Arlington Heights answers this, but the answer changes depending on the yard, the shape of the lot, and whether the fence is set back from the street.
Arlington Heights states its fence heights in inches at the front and in feet at the back. A front yard fence stops at 36 inches, has to be an open fence, and may not contain any sharp points. A side or rear yard fence may be solid, open or semi-open and reaches six feet. Two situations pull the back of the lot down to the front yard figure. On a through lot next to non-through lots, a fence in any yard with road frontage drops to 36 inches, open, with no sharp points. On a corner lot the portion of the side and rear yard with street frontage may carry a six foot fence of any type only if it stands at least five feet back from the perimeter of the lot, and an open fence of 36 inches is allowed anywhere in the rear yard whatever else is there.
Side and Rear Yards. Fences can be solid, open or semi-open and shall not exceed a height of six feet subject to the following:
The answer turns on the yard, the shape of the lot, and whether the fence is set back from the street.
- a front yard
- Thirty six inches, open, and no sharp points. 36 in
- a side or rear yard
- Six feet, solid, open or semi-open. 6 ft
- a through lot yard with road frontage
- Thirty six inches, open, and no sharp points. 36 in
- a corner lot side or rear yard facing a street
- Six feet, but only five feet back from the perimeter of the lot. 5 ft
Also on fence height in Arlington Heights
- no rule, documents checkedIllinois sets no limit on how tall a fence at a house can be. The Fence Act names four and a half feet, but that is a floor for a farm fence that holds animals, and the same section lets a town meeting or the county board pick a different number. The state housing law sets no height either. A yard fence height comes from city zoning. 765 ILCS 130/2Illinois · Statute
Do I need a permit for a fence in Arlington Heights?
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Arlington Heights answers this in its own law. The words that do it are quoted below.
No fence may be erected in Arlington Heights without a permit from the Director of Building, with no height threshold, and the code gives the Director two grounds to grant it on: the fence complies with the Code, and it will be erected in a structurally sound manner. So soundness is part of the permit test rather than a separate inspection. The village runs applications through its Civic Access Portal, names the Applicant, the Fence Contractor and the Owner as the required contacts, requires the contractor to hold a valid license, and asks for a marked plat of survey showing the fence location with dimensions, the contractor proposal, and a catalog cut sheet or a picture of the fence being installed. The Director may also order any fence removed that is a hazard to public safety or to the free flow of traffic.
No fence shall be erected without having secured a permit from the Director of Building, who shall grant the permit only if the proposed fence is in compliance with all the provisions of this Code and any amendment to it, and if the proposed fence will be erected in a structurally sound manner.
Also on permits in Arlington Heights
- set in state lawIllinois has no one statewide permit rule for work at a house. Where a town or county has no building code of its own, the Residential Building Code Act makes the builder and the buyer name a code in the building contract, and the International Residential Code applies when they name none. A separate law, in force since January 1, 2025, also requires a city or county code to be at least as strict as a recent model code on how a building is built to hold weight. Illinois Residential Building Code Act, Sec. 15Illinois · Statute
Pool fence requirements in Arlington Heights
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Arlington Heights law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Illinois writes no fence rule for a pool at a private home. The Swimming Pool Safety Act covers pools built for public swimming, and it says plainly that a pool at a private home used by the owner and guests is left out. The state Swimming Facility Code leaves the same pools out. What a home pool needs comes from the city or county and from whatever building code that place has adopted.
This one is Illinois law, not Arlington Heights law. All Illinois findings
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 Arlington Heights
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Arlington Heights law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Illinois has no spite fence law. The Fence Act covers who pays, what counts as a legal fence, and how hedges get trimmed. Nothing in it turns on why a fence was built. A fence put up to annoy a neighbor is fought in Illinois as a nuisance case in court, or under a city rule.
This one is Illinois law, not Arlington Heights law. All Illinois findings
Documents read before writing that:
- 765 ILCS 130/3Illinois General Assembly
- 765 ILCS 130/2Illinois General Assembly
How fence height is measured in Arlington Heights
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Arlington Heights does not set this. It leaves it to the corporate authorities of each municipality.
Illinois never says where a fence height is measured from. The Illinois Municipal Code lets a city set the height and size of buildings, in one short line, and stops there. The Fence Act calls four and a half feet a legal fence and says nothing about the surface those feet start at. So the number and the way to measure it both come from the city.
This one is Illinois law, not Arlington Heights law. All Illinois findings
(1) to regulate and limit the height and bulk of buildings hereafter to be erected;
The code hands this to the corporate authorities of each municipality, which is not published in the code itself.
Also on how height is measured in Arlington Heights
- no rule, documents checkedSection 6.13 sets four different fence heights and never states what any of them is measured from. There is no sentence naming grade, the ground at the base of the fence, the average of the two sides, or any other datum, and no rule saying whether a post cap or a decorative top counts toward the figure. The one place in the fence and vision rules that names a reference point is the vision clearance section, which measures three feet above the street grade, and that applies to obstructions at an intersection rather than to fence height generally. The section does set a related rule about what holds the fence up, requiring posts of an approved material embedded into tamped earth or concrete to a depth that assures structural stability. 6.13-1 through 6.13-6Arlington Heights · Zoning code
Fence rules for corner lots in Arlington Heights
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Arlington Heights answers this, but the answer changes depending on the zoning district, and what the fence stands at the intersection of.
Arlington Heights uses one distance, twelve feet, and applies it in more places than most villages do. In the residential districts nothing may obstruct a driver or a pedestrian above three feet from the street grade within twelve feet of the intersecting street lines at a corner, and the same twelve feet applies between private properties at walks, driveways, bike paths and walking paths, so an ordinary driveway gets the same protection as a street corner. The fence section repeats it in its own words, capping a fence within twelve feet of those intersecting property lines at 36 inches, requiring an open fence and banning sharp points. In the B-1 through B-4 business districts the twelve feet at a corner applies to the building as well, except above the first floor.
In any "R" Districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots and between private properties within 12 feet of walks, driveways, bike paths and walking paths.
The answer turns on the zoning district, and what the fence stands at the intersection of.
- a residential corner, walk, driveway, bike path or walking path
- Nothing above three feet within twelve feet of the intersecting lines. 12 ft
- a fence at one of those intersections
- Thirty six inches, open, and no sharp points. 36 in
- a corner in the B-1 through B-4 districts
- Twelve feet, and it reaches the building below the first floor level. 12 ft
Also on corner visibility in Arlington Heights
- set in state lawIllinois treats this as blocking the road. Under the Illinois Highway Code it is a petty offense to block a public highway, and running a fence onto one counts, unless the highway authority in charge gave permission. The fine runs from fifty to five hundred dollars, and more for each day the blockage stays after an order to take it out. That rule covers the road strip. A clear view triangle on private ground comes from city zoning. 605 ILCS 5/9-117Illinois · Traffic code
Retaining wall rules in Arlington Heights
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Arlington Heights does not set this. It leaves it to the municipal or county residential building code, or the International Residential Code named in the construction contract.
Illinois has no statewide building code for homes, so no state law sets a height at which a wall that holds back dirt needs a permit. Where a town or county has its own building code, that code answers it. Where there is none, the Residential Building Code Act makes the builder and the buyer name a code in the building contract, and the current International Residential Code becomes part of that contract when they name none.
This one is Illinois law, not Arlington Heights law. All Illinois findings
The home builder and the home purchaser may agree to adopt the International Residential Code or any municipal residential building code or county residential building code that is in effect on the first day of construction in any county or municipality that is within 100 miles of the location of the new home.
The code hands this to the municipal or county residential building code, or the International Residential Code named in the construction contract, which is not published in the code itself.
Fence materials allowed in Arlington Heights
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Arlington Heights answers this, but the answer changes depending on the material, the zoning district, and what the fence stands next to.
Arlington Heights bans barbed wire outright and then bans slatted chain link by name, which is a rule almost no other Illinois village writes: the chain link itself is allowed, but weaving privacy slats through it is not. The only exception is in the M-1 and M-2 districts, where slatted fences may go between business properties and around garbage dumpsters, and even there they may not sit next to a street or next to residential property. Every metal fence has to be at least nine gauge woven wire or its equivalent. Solid fencing is allowed only between certain zoning districts and where Chapter 28 otherwise specifies it, so a solid fence is the exception in this village rather than the default choice for a back yard.
Slatted chain link fence is prohibited. Exception: In the M-1 and M-2 Districts, slatted fences will be allowed between business properties and to enclose garbage dumpsters but cannot be located adjacent to a street or residential properties.
The answer turns on the material, the zoning district, and what the fence stands next to.
- barbed wire
- Prohibited.
- slatted chain link
- Prohibited, except between business properties in the M-1 and M-2 districts.
- any metal fence
- At least nine gauge woven wire or its equivalent.
- solid fencing
- Only between certain zoning districts and where Chapter 28 says so.
Also on materials in Arlington Heights
- set in state lawIllinois lists what a legal fence can be made of: rails, boards, stone, hedge, barbed wire, woven wire, or anything the town fence viewers judge just as good. The fence has to stand four and a half feet tall and be in good repair. 765 ILCS 130/2Illinois · Statute
Livestock and boundary fence law in Arlington Heights
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Illinois answers this in its own law. The words that do it are quoted below.
Illinois calls a fence legal at four and a half feet tall and in good repair. It can be rails, boards, stone, hedge, barbed wire, woven wire, or anything the town fence viewers judge just as good at keeping cattle, horses, sheep and hogs off the land next door. Voters at the yearly town meeting can set a different number for their own town. In a county with no townships, the county board sets it.
This one is Illinois law, not Arlington Heights law. All Illinois findings
Fences four and one-half feet high, and in good repair, consisting of rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto suitable and sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another
4.5 ftheight of a legal fence
Also on agricultural fencing in Arlington Heights
- set in state lawIllinois puts the duty on the animal owner, not on the neighbor. A separate act bans letting livestock roam loose anywhere in the state and tells owners to put up whatever it takes to hold them. The owner pays in court for the damage loose animals do. The one way out is showing the animals got out without the owner knowing, and that the owner had taken reasonable care to keep them in. 510 ILCS 55/1Illinois · Statute
Documents behind this page
10 documents, of which 1 was published by Arlington Heights itself. Each was read on the date shown.
- Illinois General AssemblyIllinois Compiled Statutes, Property, Fence Act
- Village of Arlington HeightsMunicipal Code, Chapter 28, Zoning Regulations, Section 28-6, General Provisions, Section 6.13, Fences, as reproduced in the village fence permit handout
- 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
- Illinois General AssemblyIllinois Compiled Statutes, 65 ILCS 5, Illinois Municipal Code, Article 11, Division 13, Section 11-13-1
- Illinois General AssemblyIllinois Compiled Statutes, 605 ILCS 5, Illinois Highway Code, Article 9, Section 9-117
- Illinois General AssemblyIllinois Compiled Statutes, Chapter 765, Fence Act
- Illinois General AssemblyIllinois Compiled Statutes, 510 ILCS 55, Domestic Animals Running at Large Act
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Arlington Heights publishes, plus the Illinois rules that apply where the city sets none. Fence laws in Illinois has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean