Fence Requirements

Within the Hamilton County Plan Commission jurisdictional area fences are not required to have a permit. This does not mean that the other planning jurisdictions within the County do not issue fence permits as well. To verify which planning jurisdiction you fall within.

Even though Hamilton County Plan Commission doesn't require a fence permit, our Zoning Ordinance still has requirements for the type and placement of fences. The following is taken directly from the Ordinance:

Fences
  1. On residential used or zoned lots, fences located within any required front yard shall not exceed 42 inches in height, as measured from the top-most point thereof to the ground adjacent to the fence. At least 25 percent of its area shall be open as viewed on any line perpendicular to the vertical plan of the fence. Such open spaces must be reasonably dispersed throughout the entire area of the fence, except where solid stone or brick walls are permitted.
  2. Residential fences located within any required side or rear yard shall not exceed 6 feet in height, as measured from the top-most point thereof to the ground adjacent to the fence.
  3. Residential fences not located within any required yard but within the build-able area shall not exceed 9 feet in height, as measured from the top-most point thereof to the ground adjacent to the fence.
  4. Any fence placed upon an erected earth berm or masonry wall must govern its height as measured to the ground adjacent to said earth berm or wall.
  5. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if such fences shall enclose only a regulation court and standard apron area.
  6. Fences enclosing an institution, a public park, schools or commercial or industrial property may consist of an open mesh fence not to exceed a height of 10 feet.
  7. No sign, fence, wall, shrub, or other obstruction to vision shall exist in the area designated as the vision clearance area of corner lots.
  8. Fences located within any drainage easement other than a regulated legal drain shall be constructed so as to provide for an open space of 18 inches from the ground to the bottom of the fence.
  9. No fence shall be located within a regulated legal drain easement.
  10. Fences located in any easement shall be the responsibility of the property owner as to removal and replacement if any governmental agency is required to work within the easement and thus disturb the fence placement.