Fence laws in Newark, Ohio
What the Newark municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Newark sets no rule of its own, the Ohio rule is shown in its place and marked as such.
Fence laws in Newark, Ohio, question by question
The short version
- Who pays on the line
- Newark states no setback from an ordinary side or rear lot line, so a fence may run along the boundary between two houses, and the answer turns on whether the line adjoins an alley. The figure is 0 feet, for setback from an ordinary side or rear lot line.
- How tall
- In the conservation, agricultural and residential districts a Newark fence may be four feet above the adjacent ground in any yard, and six feet in a side or rear yard, and the answer turns on the district, the yard and whether the top is decorative. The figure is 4 feet, for fence in any yard in a residential district.
- Permits
- Newark runs its approvals through a zoning certificate of plan approval, and the answer turns on what is proposed and when the work starts. The figure is 30 days, for time for the Zoning Inspector to act.
- 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
- Newark has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Newark names its datum and names it in every district. The figure is 4 feet, for height measured above the adjacent ground.
- Corner lots
- Newark handles a corner with a keep out rule rather than a height band, and the answer turns on where the pavement edges meet. The figure is 25 feet, for clearance from where the road surfaces meet.
- 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
- Newark names no permitted material and writes its one material rule as a sweep, and the answer turns on the district and whether a board has approved it. The figure is 7 feet, for height above which sharp wire may start in industry.
- 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 Newark?
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Newark answers this, but the answer changes depending on whether the line adjoins an alley.
Newark states no setback from an ordinary side or rear lot line, so a fence may run along the boundary between two houses. Where it does write a distance, the reason is the alley. A fence has to sit at least five feet back from any lot line adjoining an alley along the rear of the lot, and five feet back from any lot line adjoining an alley along the side, and it may not come within ten feet of the point where those side and rear alley property lines meet. That last clause is a corner rule for the back of the lot rather than the front, and it is the kind of thing an owner only discovers after the posts are in. Setbacks generally are measured from the property line to the wall or other supporting element of the structure, including posts, which matters when the posts sit proud of the panels.
Fences shall be setback a minimum of five feet from any lot line adjoining an alley along the rear of the lot, and five feet from any lot line adjoining an alley along the side of the lot, but not within ten feet of the intersection of the property lines along the side and rear alleys.
The answer turns on whether the line adjoins an alley.
- a line between two houses
- No setback stated. 0 ft
- an alley
- Five feet back. 5 ft
- where two alleys meet
- Ten feet clear. 10 ft
- how it is measured
- From the line to the posts.
Also on fences on the property line in Newark
- 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 Newark?
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Newark answers this, but the answer changes depending on the district, the yard and whether the top is decorative.
In the conservation, agricultural and residential districts a Newark fence may be four feet above the adjacent ground in any yard, and six feet in a side or rear yard. The part worth knowing is what comes next: a decorative feature such as a lattice or a trellis may carry the structure to eight feet above the adjacent ground, so long as the fencing or solid visual screening itself stops at six. That is two extra feet the code gives on purpose, and it is given to something a person can see through. The church, school and institutional districts and the office, business and commercial institutional districts run the same four and six feet without the decorative allowance. In the limited and general industrial districts a fence of up to eight feet may stand in any yard.
Side and Rear Yard. Not exceeding six feet above the adjacent ground for any fencing or solid visual screening and not more than eight feet above the adjacent ground to the top of a decorative feature (lattice, trellis, etc.).
Section 1276.01(a) and (b), with Section 1276.03(a)
The answer turns on the district, the yard and whether the top is decorative.
- any yard
- Four feet. 4 ft
- a side or rear yard
- Six feet of solid screening. 6 ft
- a lattice or trellis on top
- Eight feet to the top of it. 8 ft
- an industrial district
- Eight feet in any yard. 8 ft
Also on fence height in Newark
- 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 Newark?
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Newark answers this, but the answer changes depending on what is proposed and when the work starts.
Newark runs its approvals through a zoning certificate of plan approval. The application carries plans in duplicate drawn to scale showing the actual shape and dimensions of the lot and the exact location, size and height of anything existing or proposed, and for a new or altered structure it also carries front, side and rear elevations. Every dimension shown has to accurately reflect site conditions. The Zoning Inspector has thirty days to issue the certificate or to give the applicant written reasons for a denial, and staying silent counts as a denial that opens a right of appeal. A certificate goes stale if work has not started within twelve months, with one twelve month extension available on ten days notice, and an approval lapses if work stops for more than six months, with two six month extensions available.
Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, as well as the exact location, size and height of any existing or proposed building or structure which is proposed to be erected or altered.
The answer turns on what is proposed and when the work starts.
- the application
- Plans in duplicate, drawn to scale.
- a new structure
- Elevations on three sides.
- the decision
- Thirty days, and silence is a denial. 30 days
- delay
- Stale after twelve months. 12 months
Also on permits in Newark
- 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 Newark
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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 Newark 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 Newark
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Newark 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 Newark 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 Newark
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Newark answers this in its own law. The words that do it are quoted below.
Newark names its datum and names it in every district. A fence height is taken above the adjacent ground, which is the phrase the chapter uses four separate times. The word adjacent does more than it looks: it points at the ground beside the fence rather than at a grade fixed elsewhere on the lot, so on a sloping boundary the answer changes along the run. What the chapter still leaves open is a fence on top of a retaining wall, where the adjacent ground could be read on either side, and ground raised deliberately before the posts go in, since nothing distinguishes natural from finished grade. A post cap gets no allowance of its own, although the decorative feature rule in a side or rear yard gives a lattice or trellis two feet above the solid screening.
Any Yard. Not exceeding four feet above the adjacent ground.
4 ftheight measured above the adjacent ground
Also on how height is measured in Newark
- 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 Newark
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Newark answers this, but the answer changes depending on where the pavement edges meet.
Newark handles a corner with a keep out rule rather than a height band. No structure may be erected within twenty-five feet of the point where the improved road surfaces meet, in any district, on any corner lot, and the fence chapter points at that rule twice. Two details are worth holding. The measurement runs from the intersection of the improved road surface, which is the pavement rather than the right-of-way line, so how far it reaches onto a lot depends on how wide the tree lawn is. And the rule bars a structure of any height, so unlike a sight triangle there is no low fence that escapes it. The same section defines a corner lot as a lot on the corner of any two public rights-of-way carrying vehicular traffic, requires the front yard setback to be met on each street, and lets the applicant pick which yard opposite a street is the rear.
No structure shall be erected within twenty-five feet of the point of intersection of the improved road surface in any district on any corner lot.
The answer turns on where the pavement edges meet.
- a corner lot
- Nothing within twenty-five feet. 25 ft
- a low fence
- No exception for being short.
- the front setback
- Met on every street the lot fronts.
- which yard is the rear
- The applicant chooses.
Also on corner visibility in Newark
- 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 Newark
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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 Newark 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 Newark
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Newark answers this, but the answer changes depending on the district and whether a board has approved it.
Newark names no permitted material and writes its one material rule as a sweep. In the conservation, agricultural and residential districts a fence, wall or similar structure having wire, metal prongs, spikes or cutting points or edges of any kind whatsoever is prohibited, and an electrified fence is prohibited as well. No exception is offered for an angled arm above a certain height, which is the escape most codes in this set leave open. In the church, school and institutional districts and the office and business commercial institutional districts the same wire and the same electric fence may be installed only when the Board approves it, and only as the approval allows. In the two industrial districts wire, prongs, spikes and cutting edges are allowed as long as that part of the fence sits at least seven feet above ground level, and an electric fence again needs the Board.
Fences, walls and similar structures having wire, metal prongs, spikes or cutting points or edges of any kind whatsoever, shall be prohibited.
Section 1276.01(d) and (e), with Section 1276.03(b)
The answer turns on the district and whether a board has approved it.
- a residential district
- Nothing sharp, and no electricity.
- an institutional or office district
- Only if the Board approves.
- an industrial district
- Seven feet up, at least. 7 ft
- an electric fence
- Board approval everywhere it is allowed.
Also on materials in Newark
- 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 Newark
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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 Newark 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 Newark
- 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
13 documents, of which 3 were published by Newark itself. Each was read on the date shown.
- Ohio Laws and Administrative RulesOhio Revised Code, Chapter 971, Fences
- City of NewarkCode of Ordinances of the City of Newark, Part Twelve, Chapter 1276, Fences, Walls and Similar Structures, Section 1276.01, CD, AD and R-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 NewarkCode of Ordinances of the City of Newark, Part Twelve, Chapter 1232, Administration, Enforcement and Penalty, Section 1232.02, Zoning Certificate of Plan Approval
- 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 NewarkCode of Ordinances of the City of Newark, Part Twelve, Chapter 1240, General Regulations, Section 1240.11, 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 Newark 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