Fence laws in Elyria, Ohio
What the Elyria municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Elyria sets no rule of its own, the Ohio rule is shown in its place and marked as such.
Fence laws in Elyria, Ohio, question by question
The short version
- Who pays on the line
- Elyria states no setback along a side or rear lot line, so a fence may stand on the boundary there, and the answer turns on which line the fence runs along. The figure is 6 inches, for setback from a front property line.
- How tall
- An Elyria fence in a required front yard may be no more than four feet and has to be open for at least half of its projected area, with that open space evenly distributed rather than bunched at the top, and the answer turns on the yard, what the fence abuts and the use of the lot. The figure is 4 feet, for fence in a required front yard.
- Permits
- Elyria requires a permit from the Building Inspector before erecting, constructing, altering, installing or repairing any fence, and the fee is set in Section 109.13 of the Administrative Code, and the answer turns on what the work is and how tall the fence will be.
- 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
- Elyria has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Elyria writes the measuring rule, and writes it with an allowance built in. The figure is 4 inches, for gap below a fence that does not count toward its height.
- Corner lots
- On a corner lot in any Elyria residential district, and in a professional office district where a front yard is required, no fence, sign, other structure, planting or other obstruction to vision may stand higher than four feet above the established street grades inside the line connecting points twenty feet from the edge of the street, and the answer turns on the district and how far the fence is from the street. The figure is 4 feet, for height limit inside the corner triangle.
- 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
- Elyria defines a fence broadly, taking in anything solid or open built of masonry, metal, wood or any other material securely fastened to the ground, and adding that a hedge or other natural plant species planted to form a continuous barrier counts as a fence for the whole chapter, and the answer turns on the use of the lot and whether the fence is a plant. The figure is 45 degrees, for angle of a barbed wire arm away from the line.
- 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 Elyria?
Compare fences on the property line across all 50 states
Elyria answers this, but the answer changes depending on which line the fence runs along.
Elyria states no setback along a side or rear lot line, so a fence may stand on the boundary there. At the front it writes a small one, and it writes it as a choice of two with the larger winning: a fence along or near a front property line has to be at least six inches from the line, or at least eighteen inches from any public sidewalk, whichever is greater. Where the sidewalk sits close to the line the eighteen inch figure controls, and where it sits well inside the right-of-way the six inches does. Gates, doors and other obstructions may not swing across a public sidewalk or right-of-way, on an ordinary lot or a commercial one. A fence around a junk yard is a separate case, needing at least six feet of nontransparent material kept in good repair to hide the junk from anyone passing on a public road.
A fence along or near a front property line shall be a minimum of six (6) inches from the property line or shall be a minimum of eighteen (18) inches from any public sidewalk, whichever is greater.
Section 1137.15(C)(3) and (C)(9)
The answer turns on which line the fence runs along.
- a front property line
- Six inches, at least. 6 in
- a public sidewalk nearby
- Eighteen inches, if that is farther. 18 in
- a side or rear line
- No setback stated.
- a gate
- It may not swing over the sidewalk.
Also on fences on the property line in Elyria
- 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 Elyria?
Compare fence height across all 50 states
Elyria answers this, but the answer changes depending on the yard, what the fence abuts and the use of the lot.
An Elyria fence in a required front yard may be no more than four feet and has to be open for at least half of its projected area, with that open space evenly distributed rather than bunched at the top. A hedge is exempt from the openness rule and may be compact throughout. Side and rear yard fences may not be higher than six feet, and there is one exception that catches a lot of corner lots: a side or rear yard fence that abuts the front yard of an adjacent property drops to four feet and has to be half open like a front yard fence. Commercial and industrial fences may not exceed eight feet, with a taller one allowed where it is needed for equipment security or to screen an area from public view, when the Building Inspector approves it in advance. A retaining wall more than three feet above the grade it serves has to carry a fence of at least four feet, or three feet where the wall extends beyond the building line.
A front yard fence shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area.
Section 1137.15(C)(1) and (C)(2)
The answer turns on the yard, what the fence abuts and the use of the lot.
- a front yard
- Four feet, half open. 4 ft
- a side or rear yard
- Six feet. 6 ft
- abutting a neighbor front yard
- Back down to four feet, half open.
- a commercial or industrial lot
- Eight feet, more with approval. 8 ft
Also on fence height in Elyria
- 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 Elyria?
Compare permits across all 50 states
Elyria answers this, but the answer changes depending on what the work is and how tall the fence will be.
Elyria requires a permit from the Building Inspector before erecting, constructing, altering, installing or repairing any fence, and the fee is set in Section 109.13 of the Administrative Code. Naming repair alongside construction is the part that catches people, because in most cities replacing boards on an existing fence needs nothing. There is no exemption for a short fence and none for a hedge, and since a planted barrier counts as a fence under the chapter definition, the rule reaches a hedge planted to enclose a yard. One approval sits above the permit rather than beside it: a commercial or industrial fence taller than eight feet needs the Building Inspector to agree in advance that it is needed for equipment security or to screen something from public view.
A permit shall be obtained from the Building Inspector before erecting, constructing, altering, installing or repairing any fence. Before such permit is issued, the applicant shall pay the appropriate fee as provided in Section 109.13 of the Administrative Code.
The answer turns on what the work is and how tall the fence will be.
- a new fence
- A permit from the Building Inspector.
- repairing one
- Also a permit.
- a hedge
- Caught by the definition of a fence.
- over eight feet on a business lot
- Advance approval on top of the permit.
Also on permits in Elyria
- 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 Elyria
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 Elyria 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 Elyria
Compare spite fences across all 50 states
Elyria 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 Elyria 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 Elyria
Compare how height is measured across all 50 states
Elyria answers this in its own law. The words that do it are quoted below.
Elyria writes the measuring rule, and writes it with an allowance built in. The height of a fence is measured from a point not to exceed four inches above the finished grade line or the natural contour of the ground, and fences have to follow the contour of the ground as far as is practical. Those four inches are the gap a prefabricated panel leaves at the bottom so it does not sit in the dirt, and naming them keeps that gap from eating into the height an owner is allowed. Requiring the fence to follow the contour stops a level run from riding high over a dip. Two other construction rules sit beside it: every fence has to be built to withstand the wind load specified in the Ohio Basic Building Code, placed perpendicular to the ground and properly supported, and a solid fence where water drains has to have outlets at the bottom so water cannot stand behind it.
The height of fences shall be measured from a point not to exceed four (4) inches above the finished grade line or natural contour of the ground. Fences shall follow the contour of the ground as far as is practical.
4 ingap below a fence that does not count toward its height
Also on how height is measured in Elyria
- left to the townOhio 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. ORC 713.06Ohio · Zoning code
Fence rules for corner lots in Elyria
Compare corner visibility across all 50 states
Elyria answers this, but the answer changes depending on the district and how far the fence is from the street.
On a corner lot in any Elyria residential district, and in a professional office district where a front yard is required, no fence, sign, other structure, planting or other obstruction to vision may stand higher than four feet above the established street grades inside the line connecting points twenty feet from the edge of the street. Two things separate this from the usual triangle. The cutoff is four feet rather than the two and a half or three feet most cities use, so it matches the front yard fence limit instead of undercutting it. And the twenty feet runs from the edge of the street rather than from the right-of-way line or the curb, which on a wide tree lawn pulls the triangle closer to the road than a right-of-way measurement would. The rule reaches only residential and professional office districts, so a corner in a business district is outside it.
On any corner lot in any Residential District, or in any Professional Office District where a front yard is required, no fence, sign or other structure, planting or other obstruction to vision higher than four (4) feet above the established street grades shall be erected or maintained within the line connecting points twenty (20) feet from the edge of the street.
The answer turns on the district and how far the fence is from the street.
- inside the triangle
- Four feet above the street grades. 4 ft
- the triangle itself
- Twenty feet from the edge of the street. 20 ft
- a business district corner
- The rule does not reach it.
- a planting
- Caught the same as a fence.
Also on corner visibility in Elyria
- 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 Elyria
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 Elyria 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 Elyria
Compare materials across all 50 states
Elyria answers this, but the answer changes depending on the use of the lot and whether the fence is a plant.
Elyria defines a fence broadly, taking in anything solid or open built of masonry, metal, wood or any other material securely fastened to the ground, and adding that a hedge or other natural plant species planted to form a continuous barrier counts as a fence for the whole chapter. That has a consequence few codes spell out: where a plant used as a fence carries briars, prickers or thorns, or any foliage that can scratch or injure a person or animal, the owner has to keep it trimmed. On an ordinary lot no fencing may be of barbed wire or topped with sharp points. A commercial or industrial fence may be topped with barbed wire on a forty-five degree arm angled away from any property line, sidewalk or right-of-way, and a V-type arm carrying barbed wire is prohibited along a public sidewalk. No fence may be entirely of barbed wire, electrified or topped with broken glass or spikes, and no advertising or posting of bills is allowed on any fence.
Fencing shall not be topped with sharp points such as may result in bodily injury and no fencing shall be of barbed wire. If a natural plant species is used as a fence and the plant species used has briars, prickers, thorns or any other foliage which can scratch, injure or harm a person or animal, the owner of such natural plant species used as a fence shall keep it trimmed.
Section 1137.15(C)(4), with (B)
The answer turns on the use of the lot and whether the fence is a plant.
- an ordinary fence
- No barbed wire, nothing sharp on top.
- a hedge
- Counts as a fence, and gets trimmed.
- a commercial fence
- Barbed wire on an arm angled away. 45 degrees
- advertising
- Not on any fence.
Also on materials in Elyria
- 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 Elyria
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 Elyria 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 Elyria
- 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
12 documents, of which 2 were published by Elyria itself. Each was read on the date shown.
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 971, Fences
- City of ElyriaCodified Ordinances of Elyria, Part Eleven, Chapter 1137, Supplemental District Regulations, Section 1137.15, Fences, Walls and Hedges
- 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
- 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
- Ohio Legislative Service CommissionOhio Revised Code, Title 55, Chapter 5547, County Highways, Use and Obstruction
- City of ElyriaCodified Ordinances of Elyria, Part Eleven, Chapter 1137, Supplemental District Regulations, Section 1137.09, Site Distance on Corner Lots
- 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 Elyria 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