Learn the rules for building and maintaining fences. Find out about fence heights, property lines, easements, construction fencing, and permits for swimming pool enclosures.
Fence by-law and requirements
A fence is a barrier that encloses an area or divides all or parts of a property. It might be a hedge, wooden, chain-link, vinyl, or wrought iron fence.
The fence by-law provides the rules for fences, such as height restrictions for rear yards, side yards, and corner lots.
Fence height
For residential properties, the fence cannot be higher than 2.5 meters (8 feet 2 inches) in the rear yard and 1 meter (3.28 feet) along the side of the front yard. The height is lower in front yards and corner lots so that vehicles and pedestrians can be seen.
Refer to the fence detail drawing for a sample image of heights.
Do I need a building permit to construct a fence?
You do not need a building permit to construct a fence unless you install a swimming pool or replace an existing pool enclosure.
Visit the Swimming Pool Permit page to learn more.
Fences and property lines
Talk to your neighbours before building a fence. Discussing and agreeing on location, style, materials, construction, height, cost sharing, and ongoing maintenance makes things easier for everyone.
Your fence should be located on your property unless you and your neighbours agree to place it on a shared property line.
If you don’t have a survey and are unsure of the location of your property lines, you can hire a licensed Ontario Land Surveyor to prepare one for you. The City does not perform or retain property surveys.
If a legal dispute arises about a property line, it is a civil matter that you must resolve through the legal system. The City has no jurisdiction to deal with property line issues and does not determine where your fence should go or where your property line is.
The current fence by-law does not have rules for the minimum distance that should be set back from the shared property line when building the fence on your property. If you locate it close to a property line, consider the size of the posts and/or the mature size of the hedges you plant so that the whole fence or barrier stays within your property.
Fences and easements
How to find out if you have an easement
The Land Registry Offices of Ontario are responsible for keeping records of easements.
If you have an easement on your property, there may be restrictions regarding the building of fences within the easement lands. You should review your easement terms for greater certainty.
An easement allows someone other than the property owner to use part of the property for specific purposes. The City uses easements to maintain essential services like catch basins, sewers, and pipes. These easements are typically located along the side property lines, running across the back of the lot and/or from the back of the lot to the street.
Most City easements are 3.0 meters (10 feet) wide and centered on the property line. However, some easements may be wider or in other locations, depending on specific needs.
As a homeowner, you can use and enjoy the land in an easement, but your activities must not interfere with the City’s rights under the easement. Without written approval from the City, you cannot build or place any fence, structures, foundations, pavement, or anything else that might block the City from accessing and using the easement.
If you’ve already built something in an easement, the City may remove it if needed without being responsible for any damage to your property.
Fence variance requests
To request a minor variance to the fence by-law, contact Building Services at 905-356-7521 ext. 4226 or 4213 or by email. A fee applies for this request.
Construction fencing
Temporary construction fencing can be erected to enclose the construction site or demolition projects under a building permit. Contact Building Services to learn more about these requirements.
Contact Building Services
Phone: 905-356-7521 ext. 4001
Email: [email protected]
In-person: Visit us at the Wayne Thomson Building located at 4343 Morrison Street, Niagara Falls
Report a fence issue
You can report an unlawful fence to Municipal Bylaw Enforcement Services:
- Online: Complete the General By-law form.
- By phone or in person: 905-356-7521 ext. 8000 or visit the MacBain Community Centre at 7150 Montrose Road.
If you want to report a violation, you must give your name, address, and phone number. We do not accept anonymous, frivolous, or vexatious reports.
We use your information to look into the complaint. If the complaint leads to legal action, you may have to go to court and speak about what happened. In that case, your name and information may be shared as part of the legal process.
At first, we keep your name and personal details private under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). But if the case goes to court, that information can be shared through legal disclosure.
Parkland gate installation application
Do you own a property adjacent to municipal parkland and would like to build a gate to it?
How to apply
- Review the Parks By-law
- Review and complete the Parkland Gate Installation Application.
- Pay the fee as indicated on the form.
- Submit your application and payment to Municipal Works - Parks Services.
City of Niagara Falls
Municipal Service Centre
3200 Stanley Avenue
Niagara Falls, ON L2E 6S4
905-356-7521 ext. 6200
[email protected]
Utility locates - Ontario One Call
If you are planning to dig, you must submit a utility locate request. This applies to any digging project, including digging for fence posts.
- Ontario One Call is a free service that helps locate underground utilities like gas lines, water pipes, and electrical cables. Contacting them before you dig is not just smart—it’s the law in Ontario.
- You or the contractor doing the work can submit a locate request online at ontarioonecall.ca. Submit the request at least five business days before you plan to dig.
