Fence laws in Anderson, Indiana
What the Anderson municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Anderson sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Anderson, Indiana, question by question
The short version
- Who pays on the line
- Anderson does not state a distance between a fence and a lot line, and it does not ask for consent from the adjoining owner or say which side the finished face points toward, and the answer turns on whether the fence is in front of the line of the house.
- How tall
- Anderson allows fences, latticework screens, hedges or walls of not more than seven feet in a required side or rear yard, which is a foot more than most cities allow, and the answer turns on the yard and what the fence encloses. The figure is 7 feet, for fence in a side or rear yard.
- Permits
- Where an industrial district adjoins a residential district in Anderson, a fence is not a choice but a requirement, and the answer turns on how wide the industrial yard is. The figure is 7 feet, for required industrial screening fence.
- Pool barriers
- Indiana puts this on the store, not on the pool owner, which no other state in this record does. The figure is 48 inches, for wall height at which an above ground pool must be sold with a removable or locking ladder. It reaches the store selling an above ground pool for a home, not the owner of a pool already put up only.
- Spite fences
- Indiana has a spite fence law with a chapter to itself. The figure is 6 feet, for height above which a maliciously built fence is considered a nuisance.
- Measured from what
- Anderson leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- Vision clearance on a corner lot in Anderson is a triangular space at the street corner, free from any kind of obstruction to vision between three feet and twelve feet above the established street grade. The figure is 15 feet, for leg of the corner vision clearance triangle.
- Retaining walls
- Anderson leaves retaining walls to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference. It reaches one and two family homes only.
- Materials
- Anderson puts its materials rule inside the definition of the word fence rather than in the district regulations, which is unusual and easy to miss, and the answer turns on the material and whether the lot is agricultural.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Anderson?
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Anderson answers this, but the answer changes depending on whether the fence is in front of the line of the house.
Anderson does not state a distance between a fence and a lot line, and it does not ask for consent from the adjoining owner or say which side the finished face points toward. It regulates the front of the lot by a line drawn from the house instead. Only open fences are permitted in the yard area between any street and lines extending along the principal building out to the property line, the interior lot lines and the rear lot lines. On a corner lot the same test is run twice, because only open fences are permitted in any yard area between the streets and a line extending along the principal building to the side or rear lot lines. So the boundary that matters is not the lot line but the front face of the house, and a solid fence begins where that line does.
Only open fences shall be permitted in the yard area between any streets and lines extending along the principal building to the property line or interior lot lines and rear lot lines.
The answer turns on whether the fence is in front of the line of the house.
- between the street and the house line
- Open fences only.
- behind that line
- A solid fence up to seven feet.
- a corner lot
- The open fence rule runs off both streets.
Also on fences on the property line in Anderson
- set in state lawIndiana splits a fence on the line by length, not in half. Each owner pays for the stretch of fence that runs along their own part of the line, and that holds whether the owner owns the land outright or holds it for life. Since 2003 the rule reaches only fences where at least one of the two properties is farm land. An owner who will not pay gets twenty days notice, and after that the township trustee can build it and charge for it. IC 32-26-9-3Indiana · Statute
How tall can a fence be in Anderson?
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Anderson answers this, but the answer changes depending on the yard and what the fence encloses.
Anderson allows fences, latticework screens, hedges or walls of not more than seven feet in a required side or rear yard, which is a foot more than most cities allow. A private swimming pool has to be surrounded by a fence of at least five feet, so that figure is a floor rather than a ceiling. A hedge in a front yard is held to three feet, and that is the only front yard number in the paragraph: the code states no maximum height for a fence in front of the house. What it does instead is govern the front by openness, so a tall front fence is not forbidden by a figure but by having to be an open one. And the section closes one door on itself, saying nothing in the zoning code may be deemed to prohibit a fence of any height in connection with an agricultural use.
Fences, latticework screens, hedges, or walls, not more than seven feet in height, and private swimming pools surrounded by a fence at least five feet high, may be located in the required side or rear yard, and a hedge, maintained so as not to exceed three feet in height may be located in any front yard.
The answer turns on the yard and what the fence encloses.
- a required side or rear yard
- Seven feet. 7 ft
- a hedge in a front yard
- Three feet. 3 ft
- a private swimming pool
- At least five feet, as a minimum. 5 ft
- an agricultural use
- Any height.
Also on fence height in Anderson
- no rule, documents checkedIndiana sets no limit on how tall a fence at a house can be. The six foot figure in state law is what turns a spite fence into a nuisance case, not a cap on height. The fences article covers fencing groups, fences on the line and spite fences, and the statewide building code does not reach fences at all. Height comes from local zoning. IC 32-26Indiana · Statute
Do I need a permit for a fence in Anderson?
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Anderson answers this, but the answer changes depending on how wide the industrial yard is.
Where an industrial district adjoins a residential district in Anderson, a fence is not a choice but a requirement. A solid vision block fence of seven feet, or a solid screen planting of at least six feet, has to be provided along the side or rear yards. The escape is distance: where the minimum side or rear yard is one hundred feet or more, no fence and no screen planting is required. Note that the required fence height matches the seven feet the residential districts allow as a maximum, so the same figure is a ceiling on one side of the line and a floor on the other. A fence in Anderson is handled under the improvement location permit, which Chapter 155 requires before a structure is erected, and the zoning code sends fence height and location to the regulations of the district the lot sits in.
Where an industrial district adjoins a residential district, a solid vision block fence seven feet in height or a solid screen planting of at least six feet in height must be provided along the side and/or rear yards.
The answer turns on how wide the industrial yard is.
- an industrial lot next to housing
- Seven feet of solid fence. 7 ft
- planting instead of a fence
- At least six feet. 6 ft
- a yard of a hundred feet or more
- Neither is required. 100 ft
Also on permits in Anderson
- set in state lawIndiana has one building and fire safety code for the whole state, written by the Fire Prevention and Building Safety Commission. The commission made the 2018 International Residential Code the Indiana Residential Code. Indiana cut out the part of that model code listing work that needs no permit and put a section on additions and repairs there instead, so the familiar fence exemption is not part of Indiana law. A fence permit is a city or county matter. IC 22-13-2-2Indiana · Statute
Pool fence requirements in Anderson
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana puts this on the store, not on the pool owner, which no other state in this record does. A store selling an above ground pool with walls at least forty eight inches high has to sell it with a ladder or steps that either come off or lock. The pool wall is the barrier and the ladder is the gate. The rule covers the sale, so it says nothing about a pool already standing in a yard, and nothing else in Indiana law sets a fence height around one.
This one is Indiana law, not Anderson law. All Indiana findings
A pool retailer who sells an above ground swimming pool that has walls that are at least forty-eight (48) inches high shall ensure that the above ground swimming pool is sold with an access ladder or steps that may be: (1) removed; or (2) secured and locked; when the above ground swimming pool is not in use.
48 inwall height at which an above ground pool must be sold with a removable or locking ladder
Spite fence laws in Anderson
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana has a spite fence law with a chapter to itself. A fence, or anything built like one, that goes over six feet for no reason and was put up or kept up to annoy a neighbor counts as a nuisance. The neighbor can sue for money, ask a court to have it taken down, and use the other remedies a court has for a nuisance.
This one is Indiana law, not Anderson law. All Indiana findings
A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously: (1) erected; or (2) maintained; for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
6 ftheight above which a maliciously built fence is considered a nuisance
How fence height is measured in Anderson
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Anderson does not set this. It leaves it to the local legislative body that adopts the zoning ordinance.
Indiana never says where a fence height starts. The zoning law lets the local council set the place, height, area and size of a structure, and leaves the details to that council. State law does print fence heights: four feet for a picket fence on the line, four and a half feet for a straight rail fence, five feet for a worm rail fence, and anything over six feet for a spite fence. Not one of them says whether those feet are read from bare dirt or from a finished yard.
This one is Indiana law, not Anderson law. All Indiana findings
requirements for structures, such as location, height, area, bulk, and floor space;
The code hands this to the local legislative body that adopts the zoning ordinance, which is not published in the code itself.
Fence rules for corner lots in Anderson
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Anderson answers this in its own law. The words that do it are quoted below.
Vision clearance on a corner lot in Anderson is a triangular space at the street corner, free from any kind of obstruction to vision between three feet and twelve feet above the established street grade. The triangle is drawn by connecting two points fifteen feet from where the property lines meet, measured along each street right-of-way line, and where the corner is cut the property lines are extended to find that point. The grade is read at the intersection of the center lines of the street pavements rather than on the lot, so a raised corner starts with less room. The definition also reaches planting: trees, shrubs, flowers and plants are allowed in any required yard except that vision clearance on corner lots has to be provided when required, so a hedge is caught by the same triangle as a fence.
A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade.
160.03, definition of VISION CLEARANCE ON CORNER LOTS
15 ftleg of the corner vision clearance triangle
Also on corner visibility in Anderson
- set in state lawIndiana really does set a corner visibility rule in state law, and it sits in the property title rather than a zoning one. A hedge or live fence along a highway has to be cut to five feet once a year. Where one meets a highway crossing, a bend where the view may be blocked, or railroad land, it has to be held at five feet all year. That reaches one hundred feet from the crossing, or fifty feet for other growth. The chapter skips crossings inside a city or town, skips a solid building on a corner, and for hedges reaches only where a state highway crosses another state, county or township road. IC 32-26-4-1Indiana · Statute
Retaining wall rules in Anderson
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Anderson does not set this. It leaves it to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference.
Indiana law prints no rule about a wall that holds back dirt. It tells the Fire Prevention and Building Safety Commission to write one building and fire safety code for the whole state instead, and the commission did. The 2020 Indiana Residential Code adopts the 2018 International Residential Code, so the rules for such a wall come from that model code.
This one is Indiana law, not Anderson law. All Indiana findings
Except as provided in section 3.5 of this chapter, the commission shall adopt rules under IC 4-22-2 to adopt a statewide code of fire safety laws and building laws.
The code hands this to the Fire Prevention and Building Safety Commission, whose 2020 Indiana Residential Code at 675 IAC 14-4.4 adopts the 2018 International Residential Code by reference, which is not published in the code itself.
Fence materials allowed in Anderson
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Anderson answers this, but the answer changes depending on the material and whether the lot is agricultural.
Anderson puts its materials rule inside the definition of the word fence rather than in the district regulations, which is unusual and easy to miss. A fence is to be built from traditional materials such as chain-link, live hedges, masonry, wood slats, wrought iron or vinyl, or from anything else the Planning Department deems appropriate, and the two historic districts on West 8th Street and West Central restrict that further. Three things are then shut out. Plywood, wood pallets and random materials are prohibited in all districts. Chicken wire and agricultural fencing are not permitted on a non-agricultural residential lot, with an exception written back in for a small residential garden in a side or rear yard. So the ban reaches the look of a fence rather than only its strength, and the list is open ended because the Planning Department can add to it.
Except as further restricted in the West 8th Street and West Central Historical Districts, fences shall be constructed from traditional materials such as chain-link, live hedges, masonry, wood slats, wrought iron, vinyl, or other materials as deemed appropriate by the Planning Department.
The answer turns on the material and whether the lot is agricultural.
- plywood, pallets or random materials
- Prohibited in all districts.
- chicken wire or agricultural fencing
- Not on a non-agricultural residential lot.
- a small garden in a side or rear yard
- Those fences are allowed round it.
- the two historical districts
- Stricter than the general list.
Also on materials in Anderson
- set in state lawIndiana describes a lawful fence on the line by type instead of banning any material. It has to be tight and strong enough to hold cattle, hogs, horses, mules and sheep. The list that follows is board and wire, plain wire, board, picket, rail and worm rail fences, each at its own height. IC 32-26-9-3Indiana · Statute
Livestock and boundary fence law in Anderson
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Indiana answers this in its own law. The words that do it are quoted below.
Indiana puts no number on a lawful fence at all. No height, no wire count, no post spacing. The statute says a lawful fence is whatever farmers normally use to close in land, and it names a cattle guard, a hedge and a ditch as examples. It also counts anything else that people who know fences will testify is enough. With no number written down, a court decides it case by case.
This one is Indiana law, not Anderson law. All Indiana findings
As used in this chapter, "lawful fence" means any structure typically used by husbandmen for the enclosure of property.
Also on agricultural fencing in Anderson
- depends, see the pageIndiana lets each county flip the rule township by township. Where the county commissioners have passed an order letting animals roam loose in unfenced public areas, the landowner has to have had a lawful fence to collect for damage. Where there is no such order, the landowner collects without proving any fence. Section 32-26-2-14 cuts the other way: if a court finds the broken fence was not a lawful fence, the animal goes back to its owner and the landowner pays that owner costs and damages. IC 32-26-2-2Indiana · Statute
Documents behind this page
8 documents, of which 3 were published by Anderson itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of AndersonAnderson Code of Ordinances, Chapter 160, Zoning Code, District Regulations
- Indiana General AssemblyIndiana Code, Title 22, Article 13, Chapter 2, Section 2
- City of AndersonAnderson Code of Ordinances, Chapter 160, Zoning Code, Industrial Districts
- Indiana General AssemblyIndiana Code, Title 22, Article 12, Chapter 10, Above Ground Swimming Pools at Class 2 Structures
- Indiana General AssemblyIndiana Code, Title 36, Article 7, Chapter 4, Section 601, Zoning ordinance; powers and duties of legislative body
- City of AndersonAnderson Code of Ordinances, Chapter 160, Zoning Code, Definitions
- Indiana General AssemblyIndiana Code 2025, Title 32, Article 26, Chapter 9, Partition Fences
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 Anderson publishes, plus the Indiana rules that apply where the city sets none. Fence laws in Indiana 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