Fence laws in Gary, Indiana
What the Gary municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Gary sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Gary, Indiana, question by question
The short version
- Who pays on the line
- A front yard fence or wall in Gary has to be erected at least ten feet from the property line, and the setback area created by that has to be appropriately screened and landscaped, and the answer turns on which yard the fence stands in. The figure is 10 feet, for setback for a front yard fence.
- How tall
- In the R districts an open mesh fence of six feet or less may be used to mark the property lines in a required side or rear yard, and the answer turns on the district, the yard and whether the fence is open mesh. The figure is 6 feet, for open mesh fence in a side or rear yard.
- Permits
- Gary routes fence height through three different offices depending on where the fence is, and the answer turns on the district and how tall the fence is.
- 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
- Gary leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- Gary handles the corner with a setback and a review rather than with a triangle, and the answer turns on the height of the fence and what the traffic engineer decides. The figure is 42 inches, for height that triggers traffic engineer review.
- Retaining walls
- Gary 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
- Gary keeps barbed wire away from the street and above head height rather than banning it, and the answer turns on the district and where on the fence the wire sits. The figure is 6 feet, for height barbed wire has to clear.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Gary?
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Gary answers this, but the answer changes depending on which yard the fence stands in.
A front yard fence or wall in Gary has to be erected at least ten feet from the property line, and the setback area created by that has to be appropriately screened and landscaped. The ordinance then says what the landscaping is for in its own words, which is unusual: to promote compatibility with the commercial uses around it and to negate the adverse visual effects of the fence or wall. So the strip is not decoration, it is there to hide the fence. On the side yard of a corner lot the setback is five feet from the property line. In the residential districts the same paragraphs speak of a fence used to locate property lines, which treats the fence as a marker of the boundary rather than as something set back from it.
All front yard fences or walls shall be erected at least ten feet from the property line. The setback area shall be appropriately screened and landscaped.
The answer turns on which yard the fence stands in.
- a front yard fence
- Ten feet back, with the strip landscaped. 10 ft
- the side yard of a corner lot
- Five feet from the line. 5 ft
- a residential lot
- The fence is used to locate the line.
Also on fences on the property line in Gary
- 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 Gary?
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Gary answers this, but the answer changes depending on the district, the yard and whether the fence is open mesh.
In the R districts an open mesh fence of six feet or less may be used to mark the property lines in a required side or rear yard. In a required front yard the same open mesh type is limited to four feet, and even that needs authorization from the board of appeals. Both figures are written about open mesh specifically rather than about fences generally, which is an old way of drafting the rule and leaves a solid fence in a required yard unaddressed by this paragraph. A fence, wall or lattice-work screen that forms an outside living room or gives privacy to a pool, and projects from the bearing walls of an existing dwelling, may extend into the side or the rear yard but not both, and has to be at least fifty percent open, or a vertical louvered type that blocks air from some directions while still reading as more than half open from two angles. Business districts hold a front yard fence to forty-two inches.
Open mesh fences having a height of six feet or less may be used to locate property lines within the required side or rear yards in the R districts. Open mesh-type fences having a height of four feet or less may be used to locate property lines within required front yards in the R districts where authorized by the board of appeals in accordance with the provisions of this chapter.
The answer turns on the district, the yard and whether the fence is open mesh.
- a required side or rear yard in an R district
- Six feet of open mesh. 6 ft
- a required front yard in an R district
- Four feet, with the board of appeals. 4 ft
- a business district front yard
- Forty-two inches. 42 in
- a screen projecting from the house
- One yard only, and at least half open. 50%
Also on fence height in Gary
- 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 Gary?
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Gary answers this, but the answer changes depending on the district and how tall the fence is.
Gary routes fence height through three different offices depending on where the fence is. In an R district a front yard fence of four feet or less needs authorization from the board of appeals, so even a low front fence is not available by right. In a business district a front yard fence over forty-two inches needs the board of zoning appeals. And any fence over forty-two inches on the side yard of a corner lot needs the traffic engineer. The plan commission has a fourth power nearby: wherever it considers it necessary to protect adjoining properties, to reduce noise or to make a harmonious transition from other commercial uses or from adjoining residential uses, it may require a fence or wall of whatever height it thinks necessary along the rear and side property lines, supplemented with grass, trees or shrubbery.
In all business districts, fences and walls located in the front yard shall not exceed 42 inches in height above the finished ground level. Fences having a height of more than 42 inches may be used in business districts where authorized by the board of zoning appeals in accordance with the provisions of this chapter.
123-333(1)c, with (1)a and (1)f
The answer turns on the district and how tall the fence is.
- a front yard fence in an R district
- Board of appeals authorization.
- over forty-two inches in a business district
- Board of zoning appeals.
- a transition to housing
- The plan commission may require a fence of any height.
Also on permits in Gary
- 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 Gary
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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 Gary 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 Gary
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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 Gary 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 Gary
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Gary 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 Gary 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 Gary
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Gary answers this, but the answer changes depending on the height of the fence and what the traffic engineer decides.
Gary handles the corner with a setback and a review rather than with a triangle. A fence on the side yard of a corner lot has to stand five feet from the property line, and every fence higher than forty-two inches has to be reviewed and approved for vehicular or pedestrian safety by the traffic engineer. Sending the question to an engineer rather than stating a triangle means the answer is site specific and there is no dimension a homeowner can check in advance. Pedestrians are named alongside vehicles, which many corner rules leave out. The forty-two inch threshold is the same figure the business districts use as their front yard ceiling.
The location of a fence on the side yard of a corner lot shall be five feet from the property line. Further, all fences higher than 42 inches shall be reviewed and approved for vehicular and/or pedestrian safety by the traffic engineer.
The answer turns on the height of the fence and what the traffic engineer decides.
- a corner lot side yard
- Five feet from the line.
- a fence over forty-two inches
- Reviewed by the traffic engineer. 42 in
- the dimensions of a sight triangle
- The section states none.
Also on corner visibility in Gary
- 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 Gary
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Gary 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 Gary 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 Gary
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Gary answers this, but the answer changes depending on the district and where on the fence the wire sits.
Gary keeps barbed wire away from the street and above head height rather than banning it. In all business districts no fence or wall, any part of which is barbed wire, may be erected in the front yard or in an area adjoining and adjacent to any street or highway, and where barbed wire is used at all it has to sit more than six feet above the ground. The two conditions work together, so wire is available on a side or rear line but not facing the road, and never low enough to touch. The residential paragraphs name only open mesh and lattice-work and set no prohibition of their own, so the wire rule is written for the business districts and the yard facing the street.
In all business districts, no fence or wall, any part of which is barbed wire, may be erected on the front yard or area adjoining and adjacent to any street or highway. Barbed wire may be used on fences or walls provided said wire is more than six feet above ground.
The answer turns on the district and where on the fence the wire sits.
- a business district front yard
- No barbed wire at all.
- barbed wire anywhere it is allowed
- More than six feet above the ground. 6 ft
Also on materials in Gary
- 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 Gary
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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 Gary 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 Gary
- 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
6 documents, of which 1 was published by Gary itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of GaryGary Code of Ordinances, Chapter 123, Zoning, Article IV, Supplemental Regulations, permitted obstructions in required yards
- 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
- 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 Gary 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