Fence laws in Elgin, Illinois
What the Elgin municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Elgin sets no rule of its own, the Illinois rule is shown in its place and marked as such.
Fence laws in Elgin, Illinois, question by question
The short version
- Who pays on the line
- Elgin states the orientation rule inside the definition of fences and walls itself, so it applies to every fence in the city before any district standard is reached: the vertical and horizontal supporting structure has to face the interior of the zoning lot the fence sits on, which leaves the finished face toward the neighbor.
- How tall
- In an Elgin street yard a solid fence or wall stops at three feet and a partially open or open one at four, and the answer turns on the yard, how open the fence is, and whether the lot is a through lot or faces a park. The figure is 3 feet, for solid fence in a street yard.
- Permits
- The one fence approval Elgin spells out in the zoning title is the security fence, and the evidence it asks for is unusual. The figure is 10 feet, for tallest security fence allowed.
- Pool barriers
- Elgin sets no statewide pool barrier rule. The chapters that were read are listed below. Cities and counties decide this one.
- Spite fences
- Elgin has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Elgin leaves the measuring rule to the corporate authorities of each municipality.
- Corner lots
- Elgin controls a band rather than a ceiling. The figure is 20 feet, for radius of the line-of-sight control area from the pavement.
- Retaining walls
- Elgin 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
- Elgin puts numbers on the words its height rules turn on, and the answer turns on how penetrable the fence is, and whether it stands in a street setback. The figure is 80 percent, for visibility through an open fence.
- 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 Elgin?
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Elgin answers this in its own law. The words that do it are quoted below.
Elgin states the orientation rule inside the definition of fences and walls itself, so it applies to every fence in the city before any district standard is reached: the vertical and horizontal supporting structure has to face the interior of the zoning lot the fence sits on, which leaves the finished face toward the neighbor. A through lot taking the six foot allowance inside a street setback has to set the fence at least three feet back from the lot line and plant the strip between.
All fences shall be erected such that the vertical and horizontal supporting structure of the fence faces the interior of the zoning lot on which it is located.
Fences and walls, definition and A.4
Also on fences on the property line in Elgin
- 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 Elgin?
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Elgin answers this, but the answer changes depending on the yard, how open the fence is, and whether the lot is a through lot or faces a park.
In an Elgin street yard a solid fence or wall stops at three feet and a partially open or open one at four. Behind the street yard, inside a required side or rear building setback, any type of fence may reach six feet. Two exceptions run the other way. An open fence between a street and an organized park, playground or recreational area may reach six feet inside the street setback. And on a through lot in a residence or residence conservation district, any type of fence may reach six feet inside the street setback between the rear line of the house and the rear lot line, provided it is set back at least three feet from the lot line and screened from the street with planting kept between three and six feet high. A wall that is an architectural component of the house itself may reach six feet in the part of a street yard outside the required building setback.
Within a street yard [SR], no solid fence [SR] or wall shall exceed three (3) linear feet in structure height [SR], except as may be otherwise authorized or required by this title.
Fences and walls, A.1, A.2 and B
The answer turns on the yard, how open the fence is, and whether the lot is a through lot or faces a park.
- a solid fence in a street yard
- Three feet. 3 ft
- a partially open or open fence in a street yard
- Four feet. 4 ft
- a required side or rear building setback
- Six feet, whatever the type. 6 ft
- a through lot, set three feet back and screened with planting
- Six feet inside the street setback. 3 ft
Also on fence height in Elgin
- 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 Elgin?
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Elgin answers this in its own law. The words that do it are quoted below.
The one fence approval Elgin spells out in the zoning title is the security fence, and the evidence it asks for is unusual. A reduced setback for a security fence in a community facility, business or industrial district requires the need for it to be demonstrated by the findings and recommendations of the police department. Such a fence has to be an open fence, may not exceed ten feet, may carry no more than three strands of barbed wire, has to be screened, and may not obstruct the view of pedestrians or drivers. Barbed wire anywhere else needs a variation under chapter 19.70.
The need for such a security fence shall be demonstrated by the findings and recommendations of the police department.
10 fttallest security fence allowed
Also on permits in Elgin
- 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 Elgin
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Elgin 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 Elgin 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 Elgin
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Elgin 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 Elgin 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 Elgin
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Elgin 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 Elgin 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.
Fence rules for corner lots in Elgin
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Elgin answers this in its own law. The words that do it are quoted below.
Elgin controls a band rather than a ceiling. The line-of-sight control area is the part of a property within twenty feet of where two edges of pavement meet, and it is required at intersections of streets, of streets and alleys, of streets and driveways or approaches, and of driveways or approaches with sidewalks. Inside it nothing that obstructs a driver’s view, or that obscures a traffic control sign, may sit between three feet and eight feet in height, which leaves the ground below three feet and the air above eight feet unregulated. Where an alley meets a driveway or approach, no control area is required at all.
A line-of-sight control area shall be that portion of a property located within twenty (20) feet of the intersection of two (2) edges of pavement of the intersecting streets, alleys, sidewalks, driveways, or approaches.
20 ftradius of the line-of-sight control area from the pavement
Also on corner visibility in Elgin
- 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 Elgin
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Elgin 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 Elgin 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 Elgin
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Elgin answers this, but the answer changes depending on how penetrable the fence is, and whether it stands in a street setback.
Elgin puts numbers on the words its height rules turn on. An open fence is penetrable by vision across at least eighty percent of its plane viewed perpendicular, and chain link and mesh are named as examples. A partially open fence is at least forty percent penetrable, with board on board and picket given as examples. A solid fence is not penetrable at all, and stockade is the example. Chain link and mesh are then barred from a required street setback or street yard whatever their openness, so the eighty percent rating does not buy a chain link fence a front yard. Barbed wire is prohibited except where a variation is granted under chapter 19.70. Within a street setback each fence has to be a single continuous style, material and color, and the same applies along each side and rear lot line, with the development administrator able to allow departures for better appearance or privacy.
Fence, open, means a fence that, where viewed perpendicular to the plane of the fence, such fence shall be penetrable by vision in an amount equal to or greater than eighty (80) percent of such plane. Open fences shall include, but shall not be limited to, chain-link and mesh types of fences.
Fence definitions and Fences and walls, A.2 and C
The answer turns on how penetrable the fence is, and whether it stands in a street setback.
- an open fence
- At least eighty percent penetrable by vision. 80%
- a partially open fence
- At least forty percent penetrable. 40%
- a required street setback or street yard
- No chain link or mesh, whatever its rating.
Also on materials in Elgin
- 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 Elgin
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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 Elgin 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 Elgin
- 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 Elgin itself. Each was read on the date shown.
- Illinois General AssemblyIllinois Compiled Statutes, Property, Fence Act
- City of ElginMunicipal Code, Title 19, Chapter 19.12, Site Design, supplementary regulations under the defined term Fences and walls
- 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 Elgin 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