Fence laws in Mishawaka, Indiana
What the Mishawaka municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Mishawaka sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Mishawaka, Indiana, question by question
The short version
- Who pays on the line
- Mishawaka never states how close a fence may come to a lot line, and it asks for no consent from the adjoining owner, so a fence may sit on the boundary, and the answer turns on where the building setback lines fall on the lot.
- How tall
- Mishawaka has no fence section, and the answer turns on which side of the front building setback line the fence is on. The figure is 7 feet, for fence behind the front setback line.
- Permits
- The threshold that triggers a pool fence in Mishawaka is low. The figure is 4 feet, for shortest pool enclosure 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
- Mishawaka leaves the measuring rule to the local legislative body that adopts the zoning ordinance.
- Corner lots
- Mishawaka draws its corner rule as a radius rather than as the usual triangle, and the answer turns on whether the fence sits inside the ten foot radius. The figure is 10 feet, for radius of the vision clearance area.
- Retaining walls
- Mishawaka 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
- The residential districts carry one short prohibition, barring electrified fencing, barbed wire and razor wire, and the phrase or the equivalents under whatever name or designation is added so a product renamed does not escape it, and the answer turns on whether the property is in a design review area. The figure is 24 inches, for height of a street wall.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Mishawaka?
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Mishawaka answers this, but the answer changes depending on where the building setback lines fall on the lot.
Mishawaka never states how close a fence may come to a lot line, and it asks for no consent from the adjoining owner, so a fence may sit on the boundary. What it does instead is draw almost every fence rule from the building lines rather than from the lot lines. The seven foot allowance is described as running between the rear lot line and the front building setback line, along the front setback line between the side wall of the house and the side lot line, and along the rear lot line. On a corner lot the seven foot fence is tied to the exterior side building setback line and that line extended, which means the shape of the permitted fence depends on where the house sits rather than on where the survey pins are. Nothing addresses which side the finished face points toward, and nothing divides the cost of a shared fence.
A seven-foot-high fence may be erected only on the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line.
The answer turns on where the building setback lines fall on the lot.
- the distance from a lot line
- None is stated.
- a corner lot
- The building setback lines set the shape.
- orientation and cost
- Neither is addressed.
Also on fences on the property line in Mishawaka
- 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 Mishawaka?
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Mishawaka answers this, but the answer changes depending on which side of the front building setback line the fence is on.
Mishawaka has no fence section. Each zoning district states its own fence rules inside the height, area and developmental regulations, and the residential text repeats almost word for word from R-1 through R-4 and into the special district. On an interior lot no fence over seven feet may be erected between the rear lot line and the front building setback line, along that setback line between the side wall of the house and the side lot line, or along the rear lot line. Seven feet is a foot more than the usual allowance. In front of the setback line the figure drops to four feet and the fence has to be at least seventy-five percent open, so the front of a lot is governed by openness as much as by height. A corner lot gets a longer version of the same idea, with seven feet allowed on the interior side and the rear and four open feet in the exterior side yard.
No fence over seven feet in height shall be erected between the rear lot line and the front building setback line; along the front setback line between the side wall of the building and the side lot line; or along the rear lot line between the two side lot lines.
The answer turns on which side of the front building setback line the fence is on.
- behind the front building setback line
- Seven feet. 7 ft
- in front of it
- Four feet, and open. 4 ft
- the exterior side yard of a corner lot
- Four feet, and open.
- how open a front fence has to be
- Seventy-five percent of its surface. 75%
Also on fence height in Mishawaka
- 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 Mishawaka?
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Mishawaka answers this in its own law. The words that do it are quoted below.
The threshold that triggers a pool fence in Mishawaka is low. Any owner of land holding a swimming pool with water twelve inches or more deep at any point has to erect and maintain a fence or wall of at least four feet, either around the property or around the pool area, so the choice of which to enclose is left open. Gates have to be self-latching with the latch placed four feet above the ground, which puts it out of a small child reach, and the fencing or wall material has to be capable of keeping children from passing through. That last requirement is written as a performance test rather than as a gap measurement, so a wide-spaced rail fence fails it even though nothing in the section gives a number. Twelve inches is shallow enough to catch a hard-sided paddling pool left up for the season.
Every person owning land on which there is situated a swimming pool containing water which is 12 inches or more in depth at any point, shall erect and maintain a fence or wall, at least four feet in height, either surrounding the property or pool area.
4 ftshortest pool enclosure fence
Also on permits in Mishawaka
- 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 Mishawaka
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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 Mishawaka 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 Mishawaka
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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 Mishawaka 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 Mishawaka
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Mishawaka 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 Mishawaka 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 Mishawaka
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Mishawaka answers this, but the answer changes depending on whether the fence sits inside the ten foot radius.
Mishawaka draws its corner rule as a radius rather than as the usual triangle. No structure, fence, hedge or other planting higher than thirty-six inches above the ground is permitted within a ten foot radius of the corner of a lot where it adjoins the intersecting right-of-way, and complete vision clearance has to run from thirty-six inches up to at least ten feet above the ground on all corner lots. So the protected band is defined by a floor and a minimum ceiling rather than by two fixed heights. A fence is not banned from the radius outright, which is the part worth knowing: any fence located inside the ten foot radius has to be at least seventy-five percent open to permit visibility through it, the same openness the front yard fence carries. Ten feet is a small radius by national standards and it is measured from the corner of the lot rather than from the meeting of the street center lines.
No structure, fence, hedge, or other plantings with a height in excess of 36 inches above the ground shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting right-of-way.
The answer turns on whether the fence sits inside the ten foot radius.
- the size of the area
- A ten foot radius from the corner. 10 ft
- anything solid inside it
- Thirty-six inches. 36 in
- a fence inside it
- Seventy-five percent open. 75%
Also on corner visibility in Mishawaka
- 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 Mishawaka
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Mishawaka 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 Mishawaka 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 Mishawaka
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Mishawaka answers this, but the answer changes depending on whether the property is in a design review area.
The residential districts carry one short prohibition, barring electrified fencing, barbed wire and razor wire, and the phrase or the equivalents under whatever name or designation is added so a product renamed does not escape it. The design review chapter is far stricter and runs in the areas it covers. There a fence or wall has to be built of iron, steel picket, stone or natural materials designed to match the building, and chain link, concrete block, fiberglass, vinyl and wood are all prohibited, which rules out most of what an ordinary fence is made from. Solid screening above four feet is discouraged except around dumpsters and utility areas. Railroad ties and unfaced concrete are called inappropriate for a wall, and a street wall has to be masonry, designed for seating and no higher than twenty-four inches above the grade around it.
Where fences or walls are utilized they shall be constructed of iron, steel picket, stone, or natural materials designed to match the principle building. Chain link, concrete block, fiberglass, vinyl and wood fences shall be prohibited.
The answer turns on whether the property is in a design review area.
- an ordinary residential lot
- No electrified, barbed or razor wire.
- a design review area
- Iron, steel picket, stone or natural materials only.
- a street wall
- Masonry, and twenty-four inches for seating. 24 in
Also on materials in Mishawaka
- 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 Mishawaka
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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 Mishawaka 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 Mishawaka
- 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 Mishawaka itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of MishawakaMishawaka Code of Ordinances, Chapter 137, Zoning, Section 137-166, Height, area, and developmental regulations, Residential R-1 District
- Indiana General AssemblyIndiana Code, Title 22, Article 13, Chapter 2, Section 2
- City of MishawakaMishawaka Code of Ordinances, Chapter 137, Zoning, Section 137-785, Swimming pool safety devices
- 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
- City of MishawakaMishawaka Code of Ordinances, Chapter 105, Design Review and Development Plan, Section 105-115, Fences and walls
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 Mishawaka 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