Fence laws in Cleveland, Ohio
What the Cleveland municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Cleveland sets no rule of its own, the Ohio rule is shown in its place and marked as such.
Fence laws in Cleveland, Ohio, question by question
The short version
- Who pays on the line
- Cleveland writes no setback from a lot line, so a fence may run along the boundary, and instead regulates the two distances that actually cause problems, and the answer turns on what the fence runs beside. The figure is 3 feet, for clearance from a building on the same property.
- How tall
- In a Cleveland residential district a fence in an actual front yard or an actual side street yard may not exceed four feet and has to be at least fifty percent open, and the answer turns on the yard, the setback and how close the neighbor house stands. The figure is 4 feet, for fence in a front or side street yard.
- Permits
- No fence may be installed in Cleveland without a permit from the Commissioner of Building and Housing, and the application asks for more than most cities do, and the answer turns on how much of the fence is being built or replaced. The figure is 50 percent, for share of a fence that may be replaced without a permit.
- Pool barriers
- Ohio requires a 48 inch barrier around a public swimming pool, measured from the ground to the top of the fence. The figure is 48 inches, for perimeter barrier around a public swimming pool.
- Spite fences
- Cleveland has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Cleveland leaves the measuring rule to the planning commission of a municipal corporation, and a township board of trustees outside municipal limits.
- Corner lots
- No part of a Cleveland fence within thirty feet of the intersection of two street right-of-way lines may exceed two and a half feet, unless everything above two and a half feet is at least seventy-five percent open, and the answer turns on how open the fence is above two and a half feet. The figure is 30 feet, for distance from a street intersection the rule reaches.
- Retaining walls
- A retaining wall four feet tall or less needs no approval in Ohio, measured from the bottom of the footing to the top of the wall. The figure is 4 feet, for retaining wall height at or below which no approval is required. It reaches one, two and three family dwellings only.
- Materials
- Cleveland prohibits fences composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles or chicken wire anywhere in the city, and adds corrugated metal and sheet metal to that list everywhere except the General Industry and Unrestricted Industry districts, and the answer turns on the district, the yard and whether the Board has allowed an exception.
- Livestock
- Ohio names one build as the standard for a fence on a line where livestock are kept, and calls it a preferred partition fence. The figure is 48 inches, for height above the ground of the barbed wire strands on a woven wire preferred partition fence.
Who owns the fence between two properties in Cleveland?
Compare fences on the property line across all 50 states
Cleveland answers this, but the answer changes depending on what the fence runs beside.
Cleveland writes no setback from a lot line, so a fence may run along the boundary, and instead regulates the two distances that actually cause problems. A fence running generally parallel and adjacent to a building on the same property has to stand at least three feet from the closest wall of that building, which keeps a path open along the side of a house. And the height of a fence is tied to its distance from a residence on the adjoining lot, or from where a future residence could stand there, so the closer the neighbor house the lower the fence. Orientation is settled in the general regulations, with the finished or more decorative side facing outward toward the adjoining property or the street. In a side street yard a four foot setback from the line buys two extra feet of height. Nothing in the chapter divides the cost of a fence on a shared line.
A fence running generally parallel to and adjacent to a building on the same property shall be located no closer than three (3) feet to the closest wall of such building.
The answer turns on what the fence runs beside.
- a lot line
- No stated setback.
- a wall on the same lot
- Three feet of clearance. 3 ft
- a neighbor house
- The height drops to match the distance.
- the finished side
- Faces the neighbor or the street.
Also on fences on the property line in Cleveland
- set in state lawWhere a fence already stands on the line between two Ohio properties, both owners keep it in good repair in equitable shares, which means each pays a fair part rather than a strict half. Where no fence has ever stood there, section 971.07 puts the whole cost on the owner who builds it. That owner then files a sworn statement of the cost with the county recorder and can claim a share back later. Section 971.04 lets the two owners sign their own written agreement, and that agreement replaces the statute. ORC 971.06(A)Ohio · Statute
How tall can a fence be in Cleveland?
Compare fence height across all 50 states
Cleveland answers this, but the answer changes depending on the yard, the setback and how close the neighbor house stands.
In a Cleveland residential district a fence in an actual front yard or an actual side street yard may not exceed four feet and has to be at least fifty percent open. In a side street yard the owner can trade position for height: set the fence back at least four feet from the side street property line and it may go to six feet and may be open or solid. Actual rear yards and actual interior side yards take six feet, open or solid. Then comes the rule that separates Cleveland from every other city in this set: no fence may be higher than its own distance from a residence building on the adjoining lot, or from where a future residence could be placed on that lot, where the fence runs generally parallel and adjacent to the closest wall of that house. So a fence three feet from the neighbor wall is capped at three feet whatever the yard allows. An open fence around a school or recreation facility, or along a railroad or utility site, may reach twelve feet.
No fence shall be higher than its distance from a residence building on an adjoining lot or from the permitted placement of a future residence on such lot, if such fence will be generally parallel to and adjacent to the closest wall of the residence.
The answer turns on the yard, the setback and how close the neighbor house stands.
- a front or side street yard
- Four feet, half open. 4 ft
- a side street yard set four feet back
- Six feet, open or solid. 6 ft
- a rear or interior side yard
- Six feet.
- close to a neighbor wall
- No taller than its distance from that wall.
Also on fence height in Cleveland
- no rule, documents checkedOhio sets no statewide limit on how tall a fence at a house can be. Chapter 971 is about who pays for a fence on the line and never caps one. The six foot figure in the Residential Code of Ohio is the point where approval starts being needed, not a ceiling. Cities and townships set the height. ORC ch. 971Ohio · Statute
Do I need a permit for a fence in Cleveland?
Compare permits across all 50 states
Cleveland answers this, but the answer changes depending on how much of the fence is being built or replaced.
No fence may be installed in Cleveland without a permit from the Commissioner of Building and Housing, and the application asks for more than most cities do. It has to include a site plan showing the fence and gates in relation to all property lines, streets, driveways, sidewalks and any structure on or within six feet of the property; the height, materials, dimensions, colors, style and opacity of the fence including any barbed wire; and plans showing how the fence will be attached to the ground or to other structures. The exemption is written by proportion rather than by height: no permit is needed to repair or replace a fence where the area repaired or replaced in any twelve month period does not exceed fifty percent of the length of the fence and the work does not involve changes to foundations or footers. That partial replacement exemption does not apply to walls.
No permit is required for repair or replacement of a fence or portions thereof if the area being repaired or replaced, in any twelve (12) month period, does not exceed fifty percent (50%) of the length of the fence, and the replacement does not involve changes to foundations or footers.
The answer turns on how much of the fence is being built or replaced.
- a new fence
- A permit from the Commissioner.
- repairing under half the length
- No permit. 50%
- a wall
- The partial replacement exemption does not apply.
- the application
- Site plan, materials, colors, opacity and fixings.
Also on permits in Cleveland
- set in state lawA fence six feet tall or less needs no building approval in Ohio. Ohio calls the step approval rather than a permit, and the Residential Code of Ohio puts a fence at or under six feet on the list of work that skips it. The same list covers a detached shed under 200 square feet, a retaining wall under four feet with no extra load pressing on the dirt behind it, and a sidewalk or driveway no more than thirty inches above the ground. Work that skips approval still has to meet every other rule in the code. OAC 4101:8-1-01, Section 102.10Ohio · Building code
Pool fence requirements in Cleveland
Compare pool barriers across all 50 states
Ohio answers this in its own law. The words that do it are quoted below.
Ohio requires a 48 inch barrier around a public swimming pool, measured from the ground to the top of the fence. It is a health department rule and it reaches a public pool that is newly built or heavily rebuilt. Gates have to lock, and a gate the public uses closes and latches on its own with the latch at least 38 inches up. Horizontal pieces on the outside face that would make the barrier easy to climb are not allowed. The Residential Code of Ohio has no swimming pool chapter of its own.
This one is Ohio law, not Cleveland law. All Ohio findings
The perimeter barrier shall be at least forty-eight inches in height from the ground to the top of the fence.
48 inperimeter barrier around a public swimming pool
Spite fence laws in Cleveland
Compare spite fences across all 50 states
Cleveland law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Ohio has no spite fence law. Chapter 971 is the fence chapter and every section in it deals with fences on the line, cost shares, fence viewers and township trustees. Chapter 3767 is the nuisance chapter and it never names a fence. A fence built out of ill will is handled by a nuisance lawsuit or by a city or township rule.
This one is Ohio law, not Cleveland law. All Ohio findings
Documents read before writing that:
- ORC ch. 971Ohio Laws and Administrative Rules
- ORC ch. 3767Ohio Laws and Administrative Rules
How fence height is measured in Cleveland
Compare how height is measured across all 50 states
Cleveland does not set this. It leaves it to the planning commission of a municipal corporation, and a township board of trustees outside municipal limits.
Ohio never says what the height of a fence at a house is measured from. The one measured height in the fence chapter is the 48 inches from the ground up to the barbed wire on a preferred partition fence, and that is a farm rule. For everything else, section 713.06 lets a city planning commission split the city into zones and set the height of buildings and other structures in each one, and section 519.02 gives township trustees the same power outside a city. The city or township rule is where the measuring point is written.
This one is Ohio law, not Cleveland law. All Ohio findings
for the limitations and regulation of the height, bulk, and location, including percentage of lot occupancy, set back building lines, and area and dimensions of yards, courts, and other open spaces, and the uses of buildings and other structures and of premises in such zones or districts
The code hands this to the planning commission of a municipal corporation, and a township board of trustees outside municipal limits, which is not published in the code itself.
Also on how height is measured in Cleveland
- no rule, documents checkedThe chapter gives four heights and never says what they are measured from. No grade is named, a berm is not mentioned, a fence on a retaining wall is not mentioned, and no allowance is given for a post cap. Two vertical measurements do appear and neither is about fence height. The barbed wire rule requires the lowest strand to sit at least six feet above the adjoining ground, which is the only place the chapter names the ground at all. And the maintenance rule fixes a tolerance that almost no other code in this set bothers with: every fence has to be kept plumb, with no more than a two inch deflection from a vertical position, alongside being kept in good condition and free of significant rust, peeling paint or other damage. So the chapter is precise about whether a fence leans and silent about where its bottom starts. 358.04Cleveland · Zoning code
Fence rules for corner lots in Cleveland
Compare corner visibility across all 50 states
Cleveland answers this, but the answer changes depending on how open the fence is above two and a half feet.
No part of a Cleveland fence within thirty feet of the intersection of two street right-of-way lines may exceed two and a half feet, unless everything above two and a half feet is at least seventy-five percent open. The same restriction applies to any part of a fence running along and parallel to a driveway within fifteen feet of where it meets a public sidewalk, or the street where there is no sidewalk. So the rule reaches every driveway and not just corner lots, and it offers the same escape in both places: a fence a driver can see three quarters of the way through may stand at full height. A fence that does not conform to the sight line rules has to be made to conform if the Commissioner of Building and Housing orders it for the purpose of eliminating an identified and demonstrated hazard, and the Board of Zoning Appeals may permit a nonconforming fence to stay or go up where it finds no hazard is created in that instance.
No portion of a fence located within thirty (30) feet of the intersection of two (2) street right-of-way lines shall exceed two and one- half (2-1/2) feet in height, unless all portions of the fence above two and one-half (2-1/2) feet in height are at least seventy-five percent (75%) open.
The answer turns on how open the fence is above two and a half feet.
- within thirty feet of a corner
- Two and a half feet. 30 ft
- a fence three quarters open above that
- Full height allowed. 75%
- alongside a driveway
- Fifteen feet from the sidewalk. 15 ft
- an existing fence
- Ordered to conform only where a hazard is demonstrated.
Also on corner visibility in Cleveland
- set in state lawOhio has a state rule about blocking a driver view, and it covers signs rather than fences. Section 5547.04 makes a sign or poster put up near a public highway an obstruction when it hides the view of drivers at a curve or where roads cross, and the county commissioners enforce that. The section names no triangle and no distance, and it says nothing about a fence. O.R.C. 5547.04Ohio · Traffic code
Retaining wall rules in Cleveland
Compare retaining walls across all 50 states
Ohio answers this in its own law. The words that do it are quoted below.
A retaining wall four feet tall or less needs no approval in Ohio, measured from the bottom of the footing to the top of the wall. The pass is gone if the wall carries a surcharge, which means an extra load pressing on the dirt behind it. Ohio calls the step approval rather than a permit. A wall that skips approval still has to meet every other rule in the code.
This one is Ohio law, not Cleveland law. All Ohio findings
Retaining walls which are not over four feet (1219 mm) in height
OAC 4101:8-1-01, Section 102.10
4 ftretaining wall height at or below which no approval is required
Fence materials allowed in Cleveland
Compare materials across all 50 states
Cleveland answers this, but the answer changes depending on the district, the yard and whether the Board has allowed an exception.
Cleveland prohibits fences composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles or chicken wire anywhere in the city, and adds corrugated metal and sheet metal to that list everywhere except the General Industry and Unrestricted Industry districts. In a residential front yard or a side street yard within four feet of the line only an ornamental fence as defined in the chapter may be installed, though the Board of Zoning Appeals may allow chain link where it finds that kind of fence is common in the immediate vicinity. In other residential yards a fence may be of any material except barbed wire and except the prohibited list. Every fence has to be uniform in material and color, and where one side is finished and the other is not, the finished or more decorative side has to face outward toward the adjoining property or the street.
No fence shall be composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, or chicken wire. Furthermore, except in General Industry and Unrestricted Industry Districts, no fence shall be composed of corrugated metal or sheet metal.
358.06(a) and (b), with 358.04(c)
The answer turns on the district, the yard and whether the Board has allowed an exception.
- a residential front yard
- Ornamental fences only.
- chain link at the front
- Board of Zoning Appeals, if it is common nearby.
- sheet or corrugated metal
- Industry districts only.
- the finished side
- Faces the neighbor or the street.
Also on materials in Cleveland
- set in state lawOhio says what a fence on the line is made of through one defined term, the preferred partition fence. Woven wire, standard or high tensile, with one or two strands of barbed wire on top, meets it on its own. So does a high tensile fence of at least seven strands that is not electric. A barbed wire fence, an electric fence or a live fence, meaning a row of growing plants, counts only when the owners on both sides agree in writing to allow it. Ohio Rev. Code 971.01(F)Ohio · Statute
Livestock and boundary fence law in Cleveland
Compare agricultural fencing across all 50 states
Ohio answers this in its own law. The words that do it are quoted below.
Ohio names one build as the standard for a fence on a line where livestock are kept, and calls it a preferred partition fence. It is woven wire, standard or high tensile, carrying one or two strands of barbed wire that sit at least 48 inches off the ground. A high tensile fence of seven strands or more that is not electric also counts. Either build follows federal conservation practice standard 382. A barbed wire, electric or live fence counts only when both owners agree to it in writing.
This one is Ohio law, not Cleveland law. All Ohio findings
"Preferred partition fence" means a partition fence that is a woven wire fence, either standard or high tensile, with one or two strands of barbed wire located not less than forty-eight inches from the ground or a nonelectric high tensile fence of at least seven strands and that is constructed in accordance with the United States natural resources conservation service conservation practice standard for fences, code 382.
48 inheight above the ground of the barbed wire strands on a woven wire preferred partition fence
Also on agricultural fencing in Cleveland
- set in state lawOhio requires the preferred partition fence around a field or pen where livestock are kept when that field touches the line with another owner. An owner may build something stronger and pays the extra cost alone. The rule does not reach two owners who signed a written agreement to do it another way, and it does not reach a fence that was already standing when the section took effect. ORC 971.02(A)Ohio · Statute
- set in state lawOhio puts the duty on the livestock owner and not on the neighbor. An owner who is careless and lets livestock get out of the pen pays for all the harm they do on someone else's land, whether that is injury, death or damage to property. The section never asks the neighbor to have a fence first. ORC 971.18Ohio · Statute
Documents behind this page
14 documents, of which 4 were published by Cleveland itself. Each was read on the date shown.
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 971, Fences
- City of ClevelandCleveland Codified Ordinances, Chapter 358, Fence Regulations, Section 358.04, Fences in Residential Districts
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 971, Fences
- Ohio Board of Building StandardsOhio Administrative Code, Rule 4101:8-1-01, Administration, Residential Code of Ohio
- City of ClevelandCleveland Codified Ordinances, Chapter 358, Fence Regulations, Section 358.07, Permit Requirements
- Ohio Laws and Administrative RulesOhio Administrative Code, Rule 3701-31-05.1, Design criteria for new construction or substantial alteration of a public swimming pool on or after April 1, 2011
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 3767, Nuisances
- Ohio Laws and Administrative RulesOhio Revised Code, Title 7, Chapter 713, Planning
- City of ClevelandCleveland Codified Ordinances, Chapter 358, Fence Regulations, Section 358.06, General Regulations
- Ohio Legislative Service CommissionOhio Revised Code, Title 55, Chapter 5547, County Highways, Use and Obstruction
- City of ClevelandCleveland Codified Ordinances, Chapter 358, Fence Regulations, Section 358.03, Sight Lines
- Ohio General AssemblyOhio Revised Code, Title 9, Chapter 971, Fences
- Ohio General AssemblyOhio Revised Code, Title 9, Chapter 971, Fences
- Ohio General AssemblyOhio Revised Code, Title 9, Chapter 971, 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 Cleveland publishes, plus the Ohio rules that apply where the city sets none. Fence laws in Ohio 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