On a residential lot in Ottawa, the City’s Fence By-law says a fence can be no higher than 1 m in a front yard. In any yard other than a front yard the limit is 213 cm. This post goes through those two numbers, the exceptions the by-law lists beside them, and what else it asks of a fence owner.
Every by-law figure below is the one the City’s by-law page gives, unrounded. Before you order materials or book anyone, confirm the rules with the City of Ottawa.
What counts as a fence
The by-law is called Fence By-law 2003-462. It describes itself as a by-law respecting the erection, height and maintenance of fences.
It defines a fence as any freestanding structure, wall or barrier other than a building, erected at grade for the purpose of delineating the boundaries of a property, restricting ingress to or egress from a property, or providing security or protection to property. It also says a fence does not include a hedge.
What is the height limit on a residential lot
The height limit is in Section 5 of the by-law. On residential property no person may erect a fence that is higher than 1 m in a front yard. In any yard other than a front yard the by-law sets the limit at 213 cm.
The by-law defines residential property as land used for residential purposes, and it adds that this includes vacant land abutting residential property.
Section 5 is written subject to Section 4, which sets a lower limit near corners and driveways. Those rules come up further down.
Which part of the lot is the front yard
The by-law defines a yard as any open space located between the nearest point of a building and a lot line.
A front yard extends across the full width of the lot between the front lot line and the nearest point of the principal building on the lot. A rear yard extends across the full width of the lot between the rear lot line and the nearest point of the principal building. A side yard extends from the front yard to the rear yard between the side lot line and the nearest point of the principal building.
If your lot has an unusual shape or the house sits at an angle, ask the City which yard a given run of fence is in.
Where is the height measured
Section 3 says the height of a fence at any given point is measured from the grade at the base of the fence. The by-law defines grade as the elevation of the finished level of the ground adjoining the fence, exclusive of any artificial embankments or berms.
Where the fence is erected at grade and the ground is the same on both sides, the height runs to the top of the fence. Where there is a grade difference between the two sides of the fence, the height runs from the higher grade to the top of the fence.
What is different on a corner lot or at a driveway
Section 4 sets a lower limit at two kinds of spot. In both, no one may erect a fence greater than 75 cm in height within a visibility triangle.
On a corner lot the triangle is formed by measuring 3 m along the lot lines from the intersection of any two highways, or from the intersection of two parts of the same highway meeting at an angle of not more than 135 degrees. The by-law defines a corner lot as a lot situated at the intersection of two or more streets, or at the intersection of two parts of the same street which meet at an interior angle of not more than 135 degrees.
On any lot, a second triangle applies at a driveway. It is formed by measuring 2 m along the lot line and the driveway, at the intersection of the driveway and the lot line abutting the highway.
The by-law words the corner rule as a limit at any point within the triangle. If your fence line would run through one of these areas, the 75 cm figure governs there, not the 1 m or 213 cm in Section 5.
Can gates and arches go higher
Section 6 allows three exceptions to the Section 5 limits. They apply in side yards and rear yards.
- Gates may exceed the height restrictions by a maximum of 30 cm.
- Archways forming part of an entrance may exceed the height restrictions to a maximum of 250 cm.
- Decorative caps on structural posts may exceed the height restrictions to a maximum of 15 cm.
The by-law defines a gate as any swinging or sliding barrier used to fill in or close an access in a fence. The three exceptions are written for side yards and rear yards. This post finds nothing in them that extends to a front yard, so for a front yard, ask the City.
What if the lot backs onto a busy road
Section 7 covers a residential property that abuts an urban arterial highway as prescribed in the Official Plan. It applies where the grade level at the crown of the highway is higher than the grade at the base of the fence.
In that case the height of the portion of fence immediately contiguous to the highway is measured from the crown of the highway to the top of the fence. The by-law caps that portion at 3 m in a rear yard or side yard, measured from the base to the top.
Whether your road counts as an urban arterial highway is something to ask the City, since the by-law points to the Official Plan for the definition.
Can the City allow a taller fence
Section 10 gives one route to a taller residential fence. Where it is considered necessary for the health or safety of the public, the Director of By-law Services may permit the construction of a fence higher than the by-law specifies on residential property.
There are two limits on that permission. The fence may not exceed 3 m, and its height must be necessary to ensure public safety.
On non-residential properties, Section 8 sets the limit at 3 m.
What else does the by-law ask of a fence
The by-law has other rules besides height.
- A fence must be stable, vertical, made of materials of good quality, suitable for the purpose, and constructed and supported in a manner commensurate with the design of the entire fence.
- A fence owner must keep the fence in good repair, in a safe and structurally sound condition, free from accident hazards, and protected by paint, preservatives or other weather-resistant material. The by-law excepts wooden fences made of cedar, redwood or treated wood from the protection requirement.
- No fence may be wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material, and none may contain a device for projecting an electric current.
- No fence may be built in a manner that renders a swimming pool enclosure non-conforming with the Pool Enclosure By-law.
- No one may erect a fence on City property, including any public highway.
- A fence must be constructed and finished so as to present its finished side toward the public street and the neighbouring properties.
- On residential property, and on lot lines of non-residential property abutting residential property, a chain link fence must be vinyl or powder coated.
- When necessary, the owner must remove graffiti from the exterior surfaces of the fence or refinish the surface.
The by-law defines the finished side as the side where the construction is completed, either because both sides look the same or because the side that does not face the owner’s property is free of evidence of structural components, such as posts.
Who is exempt
Section 22 says the by-law does not apply to a fence erected on lands used for an agricultural operation. Section 23 protects older fences. Nothing in the by-law prevents the continued use and maintenance of a fence if it was lawfully erected under the fence by-law of an old municipality before the by-law’s effective date of January 1, 2004.
What should you do before you dig post holes
A fence means digging. Ontario Dig Authority says that if you are planting a tree, building a fence or deck, landscaping your property or planning a larger excavation project, you must request a public utility locate before you dig.
It says to contact Ontario Dig Authority at least 5 business days before a single-address project or 10 business days before a multi-address or large project. It adds that the locate is free and that it is the law.
Count that lead time back from your start date.
How current is this
The City’s page is a consolidation of the by-law current to May 9, 2018. The amending by-laws it lists are 2003-526, 2008-003, 2009-259, 2013-083 and 2018-161.
A by-law can be amended after a consolidation is published, so treat this post as a reading of that page and not as the last word. This post gives no figure for how close a fence may sit to a lot line. For that question, and for anything about your own lot, ask the City of Ottawa.
What should you settle before you build
- Which yard each run of fence sits in, since the limit is 1 m in a front yard and 213 cm in the others.
- Whether any part of the line passes through a visibility triangle at a corner or a driveway, where the limit is 75 cm.
- Whether the lot has a grade difference between the two sides of the fence line, since height is measured from the higher grade.
- Which side of the fence is the finished side, and that it faces the street and the neighbours.
- That a locate request has gone in at least 5 business days ahead.
- That the City has confirmed the rules for your lot.
Henike Contracting builds fences in the Ottawa area. Ask any fence contractor how they will handle the height limit, the finished side and the locate request before the quote is signed.