Fence laws in Westfield, Indiana
What the Westfield municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Westfield sets no rule of its own, the Indiana rule is shown in its place and marked as such.
Fence laws in Westfield, Indiana, question by question
The short version
- Who pays on the line
- Fences may be built directly along lot lines in Westfield, with no consent from the adjoining owner required, so long as they do not encroach into the right-of-way or into an easement that prohibits fencing, drainage and utility easements being the examples given, and the answer turns on whether the neighbors share the expense.
- How tall
- A fence in a required side or rear yard of a residential lot in Westfield may not exceed six feet, and one in a required or established front yard stops at forty-two inches, and the answer turns on the yard and what the fence encloses. The figure is 6 feet, for residential side or rear fence.
- Permits
- Indiana has one building and fire safety code for the whole state, written by the Fire Prevention and Building Safety Commission.
- 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
- Westfield measures a fence from its topmost point to the grade of the ground beside it, and then closes the stacking route in the next sentence: any fence placed on an erected mound, berm or masonry wall has to govern its total height to the limitations in the article.
- Corner lots
- Article 6.5 states the obligation in one line and sends the dimensions elsewhere: fences comply with Article 6.19, the Vision Clearance Standards, and the answer turns on the dimensions set in Article 6.19.
- Retaining walls
- Westfield 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
- Indiana describes a lawful fence on the line by type instead of banning any material. It reaches fences on the line between two owners only.
- Livestock
- Indiana puts no number on a lawful fence at all.
Who owns the fence between two properties in Westfield?
Compare fences on the property line across all 50 states
Westfield answers this, but the answer changes depending on whether the neighbors share the expense.
Fences may be built directly along lot lines in Westfield, with no consent from the adjoining owner required, so long as they do not encroach into the right-of-way or into an easement that prohibits fencing, drainage and utility easements being the examples given. The finished side of the fence faces outward toward the lot line, and then comes the exemption: a fence on a lot line where two or more property owners share in its expense is not subject to that provision. Fishers and Greenwood write the same exemption in nearly the same words, which makes it an Indiana drafting habit rather than one city being unusual. The article also advises owners to check their subdivision covenants, which may impose greater restrictions than the ordinance does.
Fences shall be installed so the finished side of the fence is facing outward (e.g., toward the Lot Line). Fences on a Lot Line in which two (2) or more Property Owners share in the expense of the fence shall not be subject to this provision.
The answer turns on whether the neighbors share the expense.
- a fence one owner pays for
- Finished side faces out.
- a fence two or more owners pay for
- The orientation rule does not apply.
- a drainage or utility easement
- No fence in it.
Also on fences on the property line in Westfield
- 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 Westfield?
Compare fence height across all 50 states
Westfield answers this, but the answer changes depending on the yard and what the fence encloses.
A fence in a required side or rear yard of a residential lot in Westfield may not exceed six feet, and one in a required or established front yard stops at forty-two inches. The standards apply in every zoning district. Four other cases carry their own figures. Open wire mesh round a sports court, enclosing only a regulation court and its standard apron, may reach sixteen feet. A fence enclosing an institutional use or a business or industrial property may be open mesh to ten feet unless something else in the ordinance restricts it further. A fence in the common areas of a residential subdivision may reach eight feet. And a fence for an agricultural use is subject to no height limitation at all.
Fences located within a required Side or Rear Yard of a residential Lot shall not exceed six (6) feet in height.
The answer turns on the yard and what the fence encloses.
- a residential side or rear yard
- Six feet. 6 ft
- a required or established front yard
- Forty-two inches. 42 in
- a sports court
- Sixteen feet of open wire mesh. 16 ft
- an agricultural use
- No height limitation.
Also on fence height in Westfield
- 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 Westfield?
Compare permits across all 50 states
Indiana answers this in its own law. The words that do it are quoted below.
Indiana 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.
This one is Indiana law, not Westfield 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.
Pool fence requirements in Westfield
Compare pool barriers across all 50 states
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 Westfield 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 Westfield
Compare spite fences across all 50 states
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 Westfield 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 Westfield
Compare how height is measured across all 50 states
Westfield answers this in its own law. The words that do it are quoted below.
Westfield measures a fence from its topmost point to the grade of the ground beside it, and then closes the stacking route in the next sentence: any fence placed on an erected mound, berm or masonry wall has to govern its total height to the limitations in the article. So the mound is part of the figure and a six foot fence on a two foot berm fails in a required side yard. Topmost point means a post cap or finial is counted rather than exempt, which is stricter than the several Indiana cities that give a decorative top a foot of its own. The article does not say which side of a sloping boundary the ground is read on, and sets no post depth.
Fence height is measured from the topmost point thereof to the grade of the ground adjacent to the fence. Any fence placed upon an erected mound or berm or masonry wall must govern its total height to the limitations herein.
Also on how height is measured in Westfield
- left to the townIndiana 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. IC 36-7-4-601Indiana · Zoning code
Fence rules for corner lots in Westfield
Compare corner visibility across all 50 states
Westfield answers this, but the answer changes depending on the dimensions set in Article 6.19.
Article 6.5 states the obligation in one line and sends the dimensions elsewhere: fences comply with Article 6.19, the Vision Clearance Standards. So the triangle a fence has to stay out of at a corner is set in its own article rather than in the fence rules, and satisfying the forty-two inch front yard figure proves nothing about it. The fence article carries two other cross references of the same kind, sending a fence that screens permitted outside storage or display to Article 6.12, and advising owners that a subdivision declaration of covenants and restrictions may impose greater restrictions than the ordinance. The effect is that the fence article is short because it points outward rather than because the city regulates little.
Vision Clearance: Fences shall comply with Article 6.19 Vision Clearance Standards.
The answer turns on the dimensions set in Article 6.19.
- any fence
- Article 6.19 governs the corner.
- a fence screening outside storage
- Article 6.12 applies as well.
- a subdivision with covenants
- They may be stricter than the ordinance.
Also on corner visibility in Westfield
- 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 Westfield
Compare retaining walls across all 50 states
Westfield 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 Westfield 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 Westfield
Compare materials across all 50 states
Indiana answers this in its own law. The words that do it are quoted below.
Indiana 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.
This one is Indiana law, not Westfield law. All Indiana findings
A lawful partition fence is any one (1) of the following that is sufficiently tight and strong to hold cattle, hogs, horses, mules, and sheep:
Livestock and boundary fence law in Westfield
Compare agricultural fencing across all 50 states
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 Westfield 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 Westfield
- 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 Westfield itself. Each was read on the date shown.
- Indiana General AssemblyIndiana Code, Title 32, Article 26, Chapter 9, Partition Fences, Section 3
- City of WestfieldWestfield-Washington Township Unified Development Ordinance, Chapter 6, Article 6.5, Fence 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 Westfield 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