Fence laws in Mount Prospect, Illinois
What the Mount Prospect municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Mount Prospect sets no rule of its own, the Illinois rule is shown in its place and marked as such.
Fence laws in Mount Prospect, Illinois, question by question
The short version
- Who pays on the line
- Mount Prospect puts a floor under how much a fence has to enclose rather than a ceiling, and the answer turns on the yard, what the lot next door presents, and whether the fence is open or solid. The figure is 1 foot, for setback in an ordinary exterior side yard.
- How tall
- Mount Prospect groups its heights by what the fence is for rather than by district, and the answer turns on what the fence encloses and where on the lot it stands. The figure is 6 feet, for ordinary fence behind the front of the house.
- Permits
- It is unlawful in Mount Prospect to construct, erect or replace any fence without first getting a permit from the Community Development Department, with no height threshold and replacement named alongside new work.
- Pool barriers
- Mount Prospect sets both a floor and a ceiling on a pool fence, which is unusual: at least four feet and not more than five, and the answer turns on whether the pool is public and whether it has a raised deck. The figure is 4 feet, for minimum height of a private pool barrier.
- Spite fences
- Mount Prospect has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Mount Prospect reads a fence vertically from finished grade to the top, and then answers the two questions that follow. The figure is 8 inches, for how far a post and cap may rise above the limit.
- Corner lots
- Mount Prospect caps a fence in a sight triangle at three feet and then adds a test on top of the number: the fence may not obstruct or limit the line of sight for a motorist, a cyclist or a pedestrian, so a three foot fence that still blocks a view is caught. The figure is 3 feet, for tallest fence allowed inside a sight triangle.
- Retaining walls
- Mount Prospect 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
- Mount Prospect names six permitted materials, wood, chain link, masonry, aluminum, wrought iron and composite, plus anything similar, and requires that only a smooth finished side faces an abutting lot or road, and the answer turns on the material, the district, and what the fence stands next to. The figure is 6 feet, for lowest point barbed wire may sit at.
- 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 Mount Prospect?
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Mount Prospect answers this, but the answer changes depending on the yard, what the lot next door presents, and whether the fence is open or solid.
Mount Prospect puts a floor under how much a fence has to enclose rather than a ceiling. On a residentially zoned lot a fence may never enclose an area smaller than half the maximum fenceable area, with pool fencing exempt, so a short run around one corner of a back yard is not allowed. Everything else about position is ordinary but precise. Every fence sits entirely on private property and may not encroach on an adjoining lot or a public right of way. In a rear or interior side yard a fence may sit on the line, and if it does not, enough access has to be left to maintain the strip outside it. In an exterior side yard a fence stands one foot back, and if that yard abuts the front yard of the lot next door, an open fence still stands one foot back but a solid one has to come back ten. A fence in a utility easement is subject to the condition of the easement, and none is allowed in a FEMA floodway.
Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property.
The answer turns on the yard, what the lot next door presents, and whether the fence is open or solid.
- a rear or interior side yard
- On the line, or set in with access left to maintain the gap.
- an exterior side yard
- One foot back from the property line. 1 ft
- a solid fence facing the front yard of the lot next door
- Ten feet back. 10 ft
- a FEMA designated floodway
- No fence at all.
Also on fences on the property line in Mount Prospect
- 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 Mount Prospect?
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Mount Prospect answers this, but the answer changes depending on what the fence encloses and where on the lot it stands.
Mount Prospect groups its heights by what the fence is for rather than by district. Six feet is the ordinary allowance and it applies in rear and interior side yards behind the front line of the principal building, and in an exterior side yard on the same condition. Eight feet is allowed in three named cases: screening an accessory building material, equipment or vehicle storage yard in an industrial or commercial district, running along a residential rear or side line contiguous to a railroad right of way, and enclosing a public swimming pool. Twenty feet is available for open mesh chain link around a recreational facility such as a tennis court or athletic field, with the Community Development Director approving. Inside a sight triangle nothing above three feet may stand. There is no allowance at all in front of the principal building line.
Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the Community Development Director.
The answer turns on what the fence encloses and where on the lot it stands.
- a rear, interior side or exterior side yard behind the building line
- Six feet. 6 ft
- screening industrial storage, a railroad boundary, or a public pool
- Eight feet. 8 ft
- a tennis court, athletic field or similar recreational facility
- Twenty feet of open mesh chain link, with the Director approving. 20 ft
- inside a sight triangle
- Three feet. 3 ft
Also on fence height in Mount Prospect
- 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 Mount Prospect?
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Mount Prospect answers this in its own law. The words that do it are quoted below.
It is unlawful in Mount Prospect to construct, erect or replace any fence without first getting a permit from the Community Development Department, with no height threshold and replacement named alongside new work. The section adds a definition that widens what the permit reaches: for the purposes of the fence rules, a freestanding wall is considered a fence, so a masonry garden wall goes through the same process. The permit may be granted only if the proposed fence complies with the Code, which makes compliance the test rather than a matter of discretion. Temporary construction, safety and silt fencing is permitted only as part of a project with a current building permit and has to come down when the project finishes.
It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department.
Also on permits in Mount Prospect
- 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 Mount Prospect
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Mount Prospect answers this, but the answer changes depending on whether the pool is public and whether it has a raised deck.
Mount Prospect sets both a floor and a ceiling on a pool fence, which is unusual: at least four feet and not more than five. The barrier and its gates have to completely surround the pool, and the owner may put them along the perimeter of the pool walk areas or along the perimeter of the lot under the ordinary six foot rules. A pool with a raised deck at least four feet above grade is excluded, because the deck itself is doing the job the fence would do. A public swimming pool is treated differently again and may carry an eight foot fence around the pool area. The fenceable area rule that governs ordinary fences expressly does not apply to fencing around a swimming pool.
Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows:
The answer turns on whether the pool is public and whether it has a raised deck.
- a private pool without a raised deck
- Between four and five feet, completely surrounding it. 4 ft
- a pool with a raised deck four feet above grade
- Outside the rule.
- a public swimming pool
- Up to eight feet along the perimeter of the pool area. 8 ft
Also on pool barriers in Mount Prospect
- no rule, documents checkedIllinois 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. 210 ILCS 130/1Illinois · Statute
Spite fence laws in Mount Prospect
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Mount Prospect 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 Mount Prospect 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 Mount Prospect
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Mount Prospect answers this in its own law. The words that do it are quoted below.
Mount Prospect reads a fence vertically from finished grade to the top, and then answers the two questions that follow. A post, including its cap, used specifically to support the fence may exceed the limit by up to eight inches. And the gap the village requires underneath for drainage, two inches ordinarily and six inches where the fence crosses a drainage swale, is expressly not counted toward the height, so a six foot fence sitting on its required clearance is still a six foot fence. Grades at property lines may not be altered because of fence construction unless a grading plan goes to the Community Development Director and is approved, which closes the usual way of buying height by moving dirt.
Fence height shall be measured vertically from finished grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8"). The required separation for drainage purposes shall not be counted toward the fence height limitations.
8 inhow far a post and cap may rise above the limit
Also on how height is measured in Mount Prospect
- left to the townIllinois 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. 65 ILCS 5/11-13-1Illinois · Zoning code
Fence rules for corner lots in Mount Prospect
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Mount Prospect answers this in its own law. The words that do it are quoted below.
Mount Prospect caps a fence in a sight triangle at three feet and then adds a test on top of the number: the fence may not obstruct or limit the line of sight for a motorist, a cyclist or a pedestrian, so a three foot fence that still blocks a view is caught. Cyclists and pedestrians are named alongside drivers, which most codes in this state do not do. The fence section itself gives no leg length for the triangle and does not say which intersections it covers, so the size of the protected area comes from the definition elsewhere in the zoning chapter rather than from the fence rule.
No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian.
3 fttallest fence allowed inside a sight triangle
Also on corner visibility in Mount Prospect
- 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 Mount Prospect
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Mount Prospect 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 Mount Prospect 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 Mount Prospect
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Mount Prospect answers this, but the answer changes depending on the material, the district, and what the fence stands next to.
Mount Prospect names six permitted materials, wood, chain link, masonry, aluminum, wrought iron and composite, plus anything similar, and requires that only a smooth finished side faces an abutting lot or road. Barbed wire, anything similar designed to cause injury, and any wire carrying electrical current are unlawful to build or maintain anywhere in the village, with one exception: protecting industrial property, where the barbed wire has to sit at least six feet above the sidewalk and extend inward over the property. Style is then decided by what the fence faces. A fence screening outdoor storage or mechanical or utility equipment in a commercial or industrial district has to be solid, and every other fence may be open style except where it stands next to residential property, where it has to be solid.
Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road.
The answer turns on the material, the district, and what the fence stands next to.
- an ordinary fence
- Wood, chain link, masonry, aluminum, wrought iron or composite.
- barbed wire or electric fence
- Unlawful, except protecting industrial property above six feet. 6 ft
- screening storage or equipment on business land
- Solid style.
- a business fence adjacent to residential property
- Solid style rather than open.
Also on materials in Mount Prospect
- 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 Mount Prospect
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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 Mount Prospect 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 Mount Prospect
- 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 Mount Prospect itself. Each was read on the date shown.
- Illinois General AssemblyIllinois Compiled Statutes, Property, Fence Act
- Village of Mount ProspectVillage Code, Chapter 14, Zoning, Section 14.318, 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 Mount Prospect 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