Fence laws in Elkhart, Indiana
What the Elkhart municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Elkhart sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Elkhart, Indiana, question by question
The short version
- Who pays on the line
- Elkhart settles the boundary question in one sentence.
- How tall
- In every Elkhart district except manufacturing a fence may be no greater than six feet, with an additional six inches allowed for fence posts, so a post cap is treated as separate from the fence rather than counted into it, and the answer turns on the district and how far back the fence stands. The figure is 6 feet, for fence in a side or rear yard.
- Permits
- Elkhart requires a fence in two situations rather than merely allowing one, and the answer turns on what the fence encloses. The figure is 6 feet, for shortest retention pond 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
- Elkhart leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- On a corner lot in any district, no fence, hedge, wall, sign or other structure may be erected, placed, planted or allowed to grow, and no motor vehicle or recreational vehicle may be parked, so as to impede vision between three feet and eight feet above the established curb level, and the answer turns on whether the fence is at a street corner or at a driveway. The figure is 50 feet, for leg of the intersection visibility area.
- Retaining walls
- Elkhart 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
- Elkhart writes its front yard rule as a prohibition rather than as a height, and the answer turns on the yard, the district and the material. The figure is 4 feet, for tallest fence allowed in a front yard.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Elkhart?
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Elkhart answers this in its own law. The words that do it are quoted below.
Elkhart settles the boundary question in one sentence. Every fence and wall has to sit entirely on the zoning lot, and it may be located immediately adjacent to the lot lines. So a fence may touch the line but no part of it may cross, which puts the whole structure, posts and footings included, on the side of whoever built it and removes any need for the neighbor to agree. Orientation is settled separately and just as plainly: all fences are to be erected with the finished side facing outward toward the property line. Nothing in the section divides the cost between two owners or gives a shared fence its own rule, so a fence here belongs to the lot it stands on. A fence that the section would not otherwise permit can still be approved as part of a planned unit development plan or a special exception.
All fences and walls permitted herein shall be located entirely on the zoning lot and may be located immediately adjacent to the lot lines.
Also on fences on the property line in Elkhart
- 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 Elkhart?
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Elkhart answers this, but the answer changes depending on the district and how far back the fence stands.
In every Elkhart district except manufacturing a fence may be no greater than six feet, with an additional six inches allowed for fence posts, so a post cap is treated as separate from the fence rather than counted into it. In a residential or business district that six feet applies in the side and rear yards. A corner lot loses most of it, because nothing over four feet and nothing opaque may stand in the required side yard next to the street, or in any part of the rear yard closer to the street than the nearest point of the house. Manufacturing districts start at eight feet and then trade height for distance: the height may be increased by six inches for each three feet the fence stands back from the property line, to a maximum of twelve. A junk, scrap, impoundment or wrecking yard has to carry an opaque fence of at least eight feet and at most fifteen, barbed wire included in that figure, set fifteen feet or more inside the lot lines.
In all districts except manufacturing, all fences shall be no greater than 6 feet in height, with an additional 6 inches allowed for fence posts.
151.228(A)(7), with (B) and (C)
The answer turns on the district and how far back the fence stands.
- a residential or business side or rear yard
- Six feet. 6 ft
- the posts
- Six inches more. 6 in
- a corner lot next to the street
- Four feet, and nothing opaque. 4 ft
- a manufacturing district
- Eight feet, rising to twelve as it moves back. 12 ft
Also on fence height in Elkhart
- 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 Elkhart?
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Elkhart answers this, but the answer changes depending on what the fence encloses.
Elkhart requires a fence in two situations rather than merely allowing one. Every retention pond the city requires for water runoff storage, where the deepest point is more than two feet below the adjacent ground and the slope from the edge is no greater than four to one, has to be enclosed by a fence or protective barrier of at least six feet. That requirement may be waived where the pond is incorporated into an approved landscape plan as a design feature, so a pond that looks deliberate can stay open while one that looks like a hole cannot. A junk, scrap, impoundment or wrecking yard has to keep its gates closed at all times when not in use, with opaque gates matching the style of the fence, and a landscaped strip carrying at least one tree every thirty lineal feet between the fence and the property line.
shall be enclosed with a fence or protective barrier a minimum of 6 feet in height. This requirement may be waived for those retention ponds that are incorporated within an approved landscape plan as a design feature.
The answer turns on what the fence encloses.
- a required retention pond
- At least six feet of fence. 6 ft
- a pond built as a design feature
- The requirement may be waived.
- a junk or wrecking yard
- Gates closed, and a tree every thirty feet outside the fence. 30 ft
Also on permits in Elkhart
- 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 Elkhart
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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 Elkhart 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 Elkhart
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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 Elkhart 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 Elkhart
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Elkhart 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 Elkhart 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 Elkhart
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Elkhart answers this, but the answer changes depending on whether the fence is at a street corner or at a driveway.
On a corner lot in any district, no fence, hedge, wall, sign or other structure may be erected, placed, planted or allowed to grow, and no motor vehicle or recreational vehicle may be parked, so as to impede vision between three feet and eight feet above the established curb level. The area runs fifty feet back along each street line from the intersection, which is large, and the rule reaches parked vehicles as well as built things, which most cities leave out. Buildings, traffic control devices and public utility fixtures are exempt. At a driveway or an alley the same three to eight foot band applies but the area is only eight feet on a side. The fence section states the priority itself, saying the roadway regulations take priority over it in restricting the height and location of permitted fences, so the triangle wins where the two disagree.
On a corner lot in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow, and no motor vehicle or recreational vehicle may be placed in such a manner as to impede vision between a height of 3 feet and 8 feet above the established curb level
The answer turns on whether the fence is at a street corner or at a driveway.
- a street corner
- Fifty feet along each street line. 50 ft
- a driveway or alley
- Eight feet. 8 ft
- the protected band
- Three feet to eight feet above the curb. 3 ft
- a parked car or camper
- Caught by the same rule.
Also on corner visibility in Elkhart
- 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 Elkhart
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Elkhart 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 Elkhart 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 Elkhart
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Elkhart answers this, but the answer changes depending on the yard, the district and the material.
Elkhart writes its front yard rule as a prohibition rather than as a height. No fence is permitted in a front or corner side yard except split rail, wrought iron or an open picket with forty percent open spacing between the pickets, and none of those may pass four feet. So the material and the openness decide whether a front fence is legal at all, and the height figure only applies to the three that are allowed. Elsewhere the list is longer: treated wood, painted wood, treated split rail, ornamental wrought iron, brick, stone, masonry block, decorative painted or vinyl coated aluminum, or anything the Planning and Zoning Office approves. Scrap lumber, plywood, sheet metal and plastic or fiberglass sheets are prohibited outright. Chain link with vinyl slats is allowed only in business and manufacturing districts, only in side and rear yards, only where the manufacturer installed the slats permanently, and only in a color coordinated with the building and approved by staff.
No fences, other than split rail, wrought iron or open picket fences (with 40% open spacing between pickets) not to exceed 4 feet in height, shall be permitted in any front or corner side yard.
The answer turns on the yard, the district and the material.
- a front or corner side yard
- Split rail, wrought iron or open picket only. 4 ft
- an open picket
- Forty percent open between the pickets. 40%
- scrap lumber, plywood, sheet metal or plastic
- Prohibited everywhere.
- chain link with vinyl slats
- Business and manufacturing side and rear yards only.
Also on materials in Elkhart
- 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 Elkhart
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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 Elkhart 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 Elkhart
- 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
7 documents, of which 2 were published by Elkhart itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of ElkhartElkhart Code of Ordinances, Chapter 151, Zoning Code, Section 151.228, Fence Requirements
- Indiana General AssemblyIndiana Code, Title 22, Article 13, Chapter 2, Section 2
- 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 ElkhartElkhart Code of Ordinances, Chapter 151, Zoning Code, Section 151.229, Roadway Regulations
- 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 Elkhart 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