Fence laws in Lorain, Ohio
What the Lorain municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Lorain sets no rule of its own, the Ohio rule is shown in its place and marked as such.
Fence laws in Lorain, Ohio, question by question
The short version
- Who pays on the line
- Lorain is one of the few cities in this set that gives the neighbor a say in writing, and the answer turns on whether the neighbor consents. The figure is 0 feet, for setback where the neighbor consents.
- How tall
- Lorain sets the limit by district rather than by yard, and the answer turns on the district and what the lot abuts. The figure is 6 feet, for fence in a residential district.
- Permits
- The fence section opens with the permit rather than burying it: erecting a fence requires a fence permit, and the application has to carry a plot plan and the fee set by City Council in the schedule of fees, and the answer turns on what is being enclosed. The figure is 6 feet, for minimum fence height around a pool.
- 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
- Lorain has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Lorain writes the measuring rule most codes leave out, and then adds a second sentence that does real work. The figure is 6 feet, for residential height measured from natural grade.
- Corner lots
- Lorain runs two corner rules that overlap, and the answer turns on which of the two rules reaches the fence. The figure is 3 feet, for height limit inside the clear vision corner.
- 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
- Lorain bans barbed wire, razor wire, electrification, broken glass, spikes and any other sharp edged topping, and the ban reaches every district except industrial, and the answer turns on the district and how the fence is built. The figure is 45 degrees, for angle barbed wire leans into the fenced area.
- 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 Lorain?
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Lorain answers this, but the answer changes depending on whether the neighbor consents.
Lorain is one of the few cities in this set that gives the neighbor a say in writing. A fence may be erected along a property line with the decorative side facing the adjoining property, provided the adjoining owner consents. If that owner objects, a minimum of one foot has to be kept between the lots, on a side yard or a rear yard alike. Where a fence already stands on the line a second one beside it is prohibited, unless the gap between the two is wide enough to maintain both fences and the ground between them. No fence may be erected within two feet of a street or alley right-of-way line. And the owner of the fence carries the maintenance: keeping it free of weeds and rubbish, in good repair, painted, upright and sturdy, free of broken boards and rust.
Fences shall be permitted to be erected along any property line, with the decorative side displayed to the adjoining property, provided that the adjoining property owner consents to the erection of the fence along the joint property line.
The answer turns on whether the neighbor consents.
- the neighbor agrees
- On the line, decorative side out. 0 ft
- the neighbor objects
- A foot back from the line. 1 ft
- a fence already on the line
- No second one unless both can be maintained.
- a street or alley
- Two feet off the right-of-way line. 2 ft
Also on fences on the property line in Lorain
- 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 Lorain?
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Lorain answers this, but the answer changes depending on the district and what the lot abuts.
Lorain sets the limit by district rather than by yard. A fence in a residential district may not exceed six feet, one in a commercial or business district seven feet, and one in an industrial district eight feet. The industrial number then steps down to match the neighbor: a fenced industrial lot that abuts a commercial or business district drops to seven feet, and one that abuts a residential district drops to six. Across every district a front yard fence is held to three feet, and a fence enclosing a rear or side yard may not come closer to the front lot line than the front building line of the house. The definition of a fence is broad enough to matter here, since it takes in walls, hedges, prefabricated, wood, picket, wire and grape stake fences, and any ornamental decoration used to enclose property. A hedge gets the same six feet as a fence.
Fences erected in Residential Districts shall not exceed a height of six (6) feet. No fence that encloses a rear yard or side yard shall be erected closer to the front lot line than the front building line of the principal building.
The answer turns on the district and what the lot abuts.
- a residential district
- Six feet. 6 ft
- a commercial or business district
- Seven feet. 7 ft
- an industrial district
- Eight feet, less next to a neighbor. 8 ft
- any front yard
- Three feet. 3 ft
Also on fence height in Lorain
- 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 Lorain?
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Lorain answers this, but the answer changes depending on what is being enclosed.
The fence section opens with the permit rather than burying it: erecting a fence requires a fence permit, and the application has to carry a plot plan and the fee set by City Council in the schedule of fees. No height threshold and no exemption for a short fence appear, so the rule reaches a three foot front yard fence as readily as a six foot rear one, and the broad definition of a fence means a hedge or an ornamental enclosure is caught too. A pool brings its own requirement rather than an exemption: a fence at least six feet above grade has to enclose the rear yard of any property with an in ground or above ground pool, covering at minimum the whole pool, and an above ground pool may meet it with attachable pool fencing six feet high and a tilt up lockable ladder.
The erection of a fence shall require a fence permit. The application for a fence permit shall be accompanied by a plot plan and payment of a fee in accordance with the schedule of fees established by the City Council.
The answer turns on what is being enclosed.
- any fence
- A fence permit, whatever the height.
- the application
- A plot plan and the council fee.
- a hedge or ornamental enclosure
- Caught by the definition of a fence.
- a pool
- Six feet around the rear yard. 6 ft
Also on permits in Lorain
- 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 Lorain
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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 Lorain 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 Lorain
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Lorain 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 Lorain 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 Lorain
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Lorain answers this in its own law. The words that do it are quoted below.
Lorain writes the measuring rule most codes leave out, and then adds a second sentence that does real work. Height is measured from the natural grade to the highest point of the fence, and fences have to follow the contour of the ground as far as possible. Naming the natural grade closes the trick of raising the ground first, and requiring the fence to follow the contour stops a level fence from running high over a dip. The section then leaves room for the real world: the zoning administrator may allow a minor deviation from the height rules at sole discretion, to account for variations in the topography of the lot or for the use of prefabricated fence components, which come in fixed panel sizes that rarely match a slope.
The height of all fences shall be measured from the natural grade to the highest point of the fence. Fences shall follow the contour of the ground as far as possible.
6 ftresidential height measured from natural grade
Also on how height is measured in Lorain
- 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 Lorain
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Lorain answers this, but the answer changes depending on which of the two rules reaches the fence.
Lorain runs two corner rules that overlap. The clear vision corner rule holds signs, fences, walls, structures, benches, shrubbery and any other potential obstruction to three feet inside the triangle drawn by the two street right-of-way lines and a line joining points twenty-five feet from where they meet. Utility poles, street lights and street signs are exempt, and the B-3 Downtown District is outside the rule altogether. The fence section then adds something stronger and simpler: on a corner lot no fence at all may be erected within twenty feet of the public right-of-way to either corner, with a fence next to a parking lot allowed within ten feet. So on a corner the first rule caps the height and the second keeps the fence out entirely. A general clause backs both up, barring anything that impairs the vision of traffic or pedestrians using the right-of-way.
signs, fences, walls, structures, benches, shrubbery or other potential obstructions to vision, shall not be permitted to exceed a height of three (3) feet within a triangular area formed by the intersection of the street right-of-way lines
Section 1141.09, with Section 1141.08(g) and (h)
The answer turns on which of the two rules reaches the fence.
- inside the triangle
- Three feet. 3 ft
- the triangle itself
- Twenty-five feet along each line. 25 ft
- a corner lot fence
- None within twenty feet of the right-of-way. 20 ft
- beside a parking lot
- Ten feet is enough. 10 ft
Also on corner visibility in Lorain
- 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 Lorain
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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 Lorain 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 Lorain
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Lorain answers this, but the answer changes depending on the district and how the fence is built.
Lorain bans barbed wire, razor wire, electrification, broken glass, spikes and any other sharp edged topping, and the ban reaches every district except industrial. In an industrial district a fence may be topped with barbed wire only if it leans in at forty-five degrees, away from any neighbor, sidewalk or right-of-way, with the top strand no higher than eight feet and the bottom strand no lower than seven. Two construction rules sit alongside the material list and neither is common. Every solid fence has to provide for the proper drainage of water, with outlets placed at the bottom so water cannot pond behind it. And every fenced enclosure has to have a gate at least three feet wide so safety personnel can get in, with no gate swinging out over a public way.
No fence shall be constructed of barbed wire or razor wire, or be in any way electrified, or be topped with broken glass, spikes, or other sharp-edged materials.
Section 1141.08(i), with (j) and (k)
The answer turns on the district and how the fence is built.
- any house or business lot
- Nothing sharp and nothing electrified.
- an industrial lot
- Barbed wire leaning in at forty-five degrees. 45 degrees
- a solid fence
- Drainage outlets at the bottom.
- a gate
- Three feet wide for safety crews. 3 ft
Also on materials in Lorain
- 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 Lorain
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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 Lorain 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 Lorain
- 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 Lorain itself. Each was read on the date shown.
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 971, Fences
- City of LorainCodified Ordinances of Lorain, Part Eleven, Chapter 1141, General Provisions, Section 1141.08, Fences and Walls
- 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 LorainCodified Ordinances of Lorain, Part Eleven, Chapter 1141, General Provisions, Section 1141.09, Clear Vision Corner
- 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 Lorain 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