Let’s face it: you probably haven’t given much thought to your fences—but they make a big visual and physical impact on the properties on either side. Disputes about fences aren’t uncommon, so make sure you’re familiar with your local and state regulations before proceeding.

Here,

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has created this guide to help you understand Illinois fence laws so you can complete your project without a hitch.

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Basics of Illinois fence laws

Originally created to settle disputes for farm owners or rural residents with long stretches of land, the Illinois Fence Act is broad enough that it applies to residential neighborhoods as well.

The act defines a legal fence as one that successfully encloses livestock on a defined piece of land.

In residential neighborhoods under one million residents, fence maintenance is the shared responsibility of all residents whose property is bordered by the fence.

How to legally build a fence in Illinois

Illinois gives the responsibility of building, maintaining, and paying for the upkeep of a fence to the residents who share the fence line. To comply with the law, your fence must:

Stand four and a half feet high

Be in good and structurally sound condition

Be constructed from materials that are appropriate to your neighborhood or town. These materials might be rails, timber boards, stone, hedges, barb wire, or woven wire

Be able to effectively keep livestock from entering the neighboring properties

If your property shares a border with two or more neighbors, then your fence will be classified as a “

division fence

” and will come with its own set of limitations. State law requires that every neighbor with land touching the fence be responsible for an equal portion of the fence’s upkeep. Division fences must be less than five feet high.

Spite fences

As their name suggests, spite fences are defined as fences built with malicious intent. While some states penalize the construction of spite fences, Illinois state law does not specifically address them.

However, if you suspect that you are the victim of a spite fence, your case can be addressed under the state’s

nuisance law principles

These principles require a test to compare the effects of the fence on your use and enjoyment of your property against the benefits gained by the fence owner.

MORE:

The 16 perils of home insurance

Pool fencing

Anyone with a pool is required to have a fence, but the requirements differ depending on whether your pool is public or private.

Illinois requires all

public pools

to be enclosed by a fence that meets the following criteria:

Stands four feet tall

Cannot be climbed

The bottom edge must be no higher than four inches off the ground

Fence rails must be no larger than four inches in width or height

Entrances to the pool must have secure and self-closing doors or gates

If you have a

pool in your backyard

, the fencing criteria are slightly different. The pool must:

Stand at least three and a half feet tall

Have a barrier (i.e., a fence) that completely surrounds the pool

Cook County residents have their own

set of requirements for private pools

, including that the pool:

Stands at least four feet tall

Cannot be climbed

Must be self-closing and self-latching

The latch must be at least four feet above the fence’s bottom edge

Above-ground pools must have ladders or steps that are at least three inches wide and have handrails

Does homeowners insurance cover fences?

In general, your homeowners insurance will categorize fences under “other structures” and cover them for up to 10% of your home’s coverage limit.

Insurance will typically pay for repairs to your fence if the damage resulted from a named peril listed in the policy. Common examples are vandalism, hail, lightning, and fire.

MORE:

How to Choose the Best Type of Home Insurance for You

How to save money on homeowners insurance in Illinois

Even if it’s not required, home insurance is highly recommended for all Illinois homeowners. But we get it, coverage isn’t cheap—in Illinois, a standard policy can set you back an average of $1,445 a year for a $250,000 home.

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FAQs

Do I need a permit to build a fence in Illinois?

It depends on the height of your proposed fence. If you want to build a front yard fence taller than 42 inches or a backyard fence taller than 72 inches, you’ll need a permit before you can break ground.

Can my neighbor make me pay for a fence in Illinois?

The short answer is yes. However, this comes with limitations.

If you

live in a county

with less than a million residents and not within the limits of any nearby city, then all neighbors whose property touches the proposed fence are required to help pay for its construction and maintenance.

If you’re concerned that your

neighbors won’t help

cover the costs of building or repairing a shared fence, you can write to them beforehand or seek out legal mediation.

Are there requirements for third party fence viewers when settling a fence dispute?

Yes, but

they vary

based on where you live. In counties that are under a township organization, members from the board of trustees will act as the fence viewers in their respective towns.

For counties that are not under township organization, the fence viewers will include the county board’s presiding officer and three fence viewers from each local precinct.

Can I build an 8-foot fence in Illinois?

The state does not have specific requirements regarding fences taller than the required 4.5 feet.

However, regulations vary by city. Check your local ordinances to make sure you have any necessary permits and that your fence will be up to code before beginning your project.

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