Fence laws in Jeffersonville, Indiana
What the Jeffersonville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Jeffersonville sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Jeffersonville, Indiana, question by question
The short version
- Who pays on the line
- Fences and walls are permitted up to the property line in Jeffersonville, with no consent from the adjoining owner asked for, subject to three exceptions stated in the same paragraph, and the answer turns on what the fence is next to. The figure is 2 feet, for clearance from a right-of-way.
- How tall
- Jeffersonville runs three fence sections keyed to district, and the answer turns on the district, the yard, and whether it is a fence or a wall. The figure is 6 feet, for residential side or rear fence.
- Permits
- Jeffersonville writes out what happens when a fence crosses an easement, which most codes leave to a form nobody reads, and the answer turns on which kind of easement the fence crosses. The figure is 2 inches, for gap under a fence in a drainage easement.
- 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
- Jeffersonville leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- Every intersection in Jeffersonville has to keep a vision clearance triangle, and no primary or accessory structure and no sign other than a road sign may be placed in it or project into it, and the answer turns on the class of street at the corner. The figure is 45 feet, for triangle leg along an arterial.
- Retaining walls
- Jeffersonville 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
- Security wire, barbed wire and sharpened top spikes are barred from fences and walls in the residential districts and again in the commercial ones, and the commercial section adds engineered wood and sheet metal to the same list, and the answer turns on the district and whether the fence is a required screen.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Jeffersonville?
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Jeffersonville answers this, but the answer changes depending on what the fence is next to.
Fences and walls are permitted up to the property line in Jeffersonville, with no consent from the adjoining owner asked for, subject to three exceptions stated in the same paragraph. They may not come closer than two feet to any road, public sidewalk or alley right-of-way. They may not sit in the vision clearance triangle. And they may not be built inside an easement that prohibits fencing, drainage and utility easements being the examples the ordinance gives. Orientation is settled in one line at the top of every one of the three district sections: all fences and walls must present the non-structural face outward. Nothing in the section divides the cost of a boundary fence or says what happens when two owners disagree, so that stays a matter between them.
Location: Fences and walls are permitted up to the property line, but 1. May not be closer than 2 feet to any road, public sidewalk or alley right-of-way.
The answer turns on what the fence is next to.
- an interior lot line
- Right up to it.
- a road, sidewalk or alley
- Two feet clear. 2 ft
- which side faces out
- The non-structural face.
Also on fences on the property line in Jeffersonville
- 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 Jeffersonville?
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Jeffersonville answers this, but the answer changes depending on the district, the yard, and whether it is a fence or a wall.
Jeffersonville runs three fence sections keyed to district. In the residential one a fence or wall may not be greater than six feet in a side or rear yard and a fence may not be greater than four feet in a front yard, but a wall in a front yard stops at three. That split is worth noticing: the same forty-eight inches is legal built as a fence and illegal built as a wall. The commercial and industrial sections lift the side and rear figure to eight feet while leaving the front at four and the wall at three. One more line closes the usual workaround, saying privacy fences may not be constructed on top of other structures, and giving a deck as the example, so height is counted from the ground rather than from whatever the fence is standing on.
1. Fences and walls may not be greater than 6 feet in height in the side yard and rear yard. 2. Fences shall not be greater than 4 feet in height in the front yard except as noted in FW-01 E. 3. Walls shall not be greater than 3 feet in height in the front yard.
7.7, FW-01 D, with FW-02 D and FW-03
The answer turns on the district, the yard, and whether it is a fence or a wall.
- a residential side or rear yard
- Six feet. 6 ft
- a fence in a front yard
- Four feet. 4 ft
- a wall in a front yard
- Three feet. 3 ft
- a commercial or industrial side or rear yard
- Eight feet. 8 ft
Also on fence height in Jeffersonville
- 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 Jeffersonville?
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Jeffersonville answers this, but the answer changes depending on which kind of easement the fence crosses.
Jeffersonville writes out what happens when a fence crosses an easement, which most codes leave to a form nobody reads. A fence across a drainage easement needs approval from the City Engineer, and its bottom has to sit at least two inches above the ground so water can pass. Nothing other than a fence may be put in a drainage easement at all, landscaping and trees included, and the city may remove anything that is at the expense of the owner after written notice. A fence may cross any other utility easement without permission, but the owner has to sign a release of liability allowing the city or the utility to pull the fence out for repairs, and replacing or repairing it afterwards is the responsibility of the owner. Where a fence abuts a drainage easement a gate has to be installed so the drainage area stays reachable. A non-conforming fence built before the ordinance may be replaced in place at the discretion of the Planning Director, but not made longer, taller or larger.
Fence installations in or across drainage easements must receive approval from the City Engineer. The bottom of said fence must be at least 2 inches above the ground on said easement.
The answer turns on which kind of easement the fence crosses.
- a drainage easement
- City Engineer approval, and two inches off the ground. 2 in
- any other utility easement
- No permission needed, but a signed release is.
- a fence abutting a drainage area
- A gate has to be installed.
- an older non-conforming fence
- Replaceable in place, never larger.
Also on permits in Jeffersonville
- 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 Jeffersonville
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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 Jeffersonville 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 Jeffersonville
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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 Jeffersonville 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 Jeffersonville
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Jeffersonville 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 Jeffersonville 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 Jeffersonville
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Jeffersonville answers this, but the answer changes depending on the class of street at the corner.
Every intersection in Jeffersonville has to keep a vision clearance triangle, and no primary or accessory structure and no sign other than a road sign may be placed in it or project into it. The legs are sized by the road: forty-five feet each way along an arterial and thirty feet each way along every other street, with a named stretch of 10th Street between Spring and Main carrying the smaller figure instead. The corner lot rule in the fence section works alongside it rather than inside it. A six foot privacy fence may run from the front corner of the house nearest the intersection to the side property line, but only if it stands at least fifteen feet from any street, or five feet from a sidewalk where one exists, and it may not cross a driveway leading to an attached garage. Where the house already sits closer than those figures, the six foot fence may not project forward of the front of the house.
All intersections must maintain a vision clearance triangle. No Primary or Accessory Structures, or signs other than road signs are allowed to be placed or to project into the vision clearance triangle.
The answer turns on the class of street at the corner.
- an arterial
- Forty-five feet on each leg. 45 ft
- any other street
- Thirty feet on each leg. 30 ft
- a six foot fence on a corner lot
- Fifteen feet from the street, or five from a sidewalk. 15 ft
Also on corner visibility in Jeffersonville
- 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 Jeffersonville
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Jeffersonville 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 Jeffersonville 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 Jeffersonville
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Jeffersonville answers this, but the answer changes depending on the district and whether the fence is a required screen.
Security wire, barbed wire and sharpened top spikes are barred from fences and walls in the residential districts and again in the commercial ones, and the commercial section adds engineered wood and sheet metal to the same list. Naming security wire separately from barbed wire closes the gap a modern razor product would otherwise sit in. The downtown and corridor overlay carries its own rule, discouraging fences in front of a building altogether and allowing only wrought iron, chain link or wood picket in a front yard there. Elsewhere the ordinance asks for high quality materials such as brick, native stone or similar for a screen wall, and says colored plastic, unfinished concrete block and prefabricated wood fencing are not acceptable for that purpose. Outside those lists no material is named, so an ordinary wood or vinyl fence is available by right at the stated heights.
Fences and walls may not incorporate security wire, barbed wire, or sharpened top spikes.
The answer turns on the district and whether the fence is a required screen.
- wire or spikes
- Barred in the residential and commercial sections alike.
- a commercial or industrial fence
- Engineered wood and sheet metal are barred too.
- a front yard downtown
- Wrought iron, chain link or wood picket only.
Also on materials in Jeffersonville
- 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 Jeffersonville
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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 Jeffersonville 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 Jeffersonville
- 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 Jeffersonville itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of JeffersonvilleCity of Jeffersonville Unified Development Ordinance, Section 7.7, Fence and Wall Standards
- 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 Jeffersonville 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