How Allentown Handles Fence Regulations: A Practical Guide

Allentown maintains 106 local ordinances across all categories, and 6 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where Allentown falls on the strict-to-permissive spectrum compared to other cities.

Material Restrictions

Allentown prohibits fences and walls made from scrap sheet metal or similar 'junk' anywhere, and bars barbed wire or electrically charged fences in neighborhood (residential) zones unless the Zoning Officer finds barbed wire necessary to protect against an unusual hazard. Walls must be brick or masonry with a finished appearance.

Key details: Prohibited everywhere: Scrap sheet metal / 'junk'. Prohibited in N zones: Barbed wire, electrified (limited hazard exception). Wall material (N zones): Brick / masonry, finished appearance. Code Section: Sec. 660-45.A(3), 660-45.B(3).

A prohibited-material fence is a zoning violation. Under Section 1305.09.B the City may bring a civil enforcement proceeding seeking a judgment of up to $500.00 per day plus court costs and attorney fees, and the Zoning Officer may order removal of non-conforming material such as barbed wire or scrap-metal fencing.

Permit Requirements

Allentown defines a fence as a 'structure,' and Section 1305.02 requires a Zoning Permit from the Zoning Officer before the construction or placement of any structure. Temporary construction-site fences and qualifying retaining walls are exempt from the fence regulations; pool barriers are governed by the building code.

Key details: Permit type: Zoning Permit (Zoning Officer). Trigger: Construction/placement of any structure. Exempt: Temp. construction fence (<=30 days); retaining wall <=8 ft. Code Section: Sec. 1305.02.A; 660-45.A(1).

Erecting a fence without a required zoning permit, or contrary to the permit, is enforceable under Section 1305.09.B by a civil enforcement proceeding with judgments up to $500.00 per day of continued violation plus court costs and reasonable attorney fees. The Zoning Officer issues written notices of violation ordering corrective action (Sec. 1305.01).

Neighbor Fence Rules

Pennsylvania has no “Good Neighbor Fence Act.” Each property owner is responsible for their own fence. Common law governs boundary disputes.

Key details: Cost Split: No PA requirement. Responsibility: Each owner, own fence. Spite Fence: Common law prohibition. Disputes: Magisterial district court.

Civil remedy for spite fence: injunction + damages. Property line encroachment: civil suit. Small claims (magisterial district court) for disputes under $12,000.

Height Limits

In Allentown's neighborhood (residential) zones, fences and walls in a required front setback may not exceed 4 feet, except open-design fences with a solid-to-open ratio of 1:1 or less (picket, split rail, wrought iron) may reach 6 feet; fences outside the front setback may not exceed 6 feet. In all other zones, front-setback fences may reach 10 feet.

Key details: Front setback (N zones) max: 4 ft (6 ft if 1:1 open ratio). Outside front setback (N zones) max: 6 ft. Front setback (other zones) max: 10 ft fence / 6 ft wall. Code Section: Sec. 660-45.B and 660-45.C.

Fences are 'structures' enforced under the Zoning Ordinance. Per Section 1305.09.B, any person who violates the ordinance may, upon being found liable in a civil enforcement proceeding, pay a judgment of up to $500.00 plus court costs and reasonable attorney fees, with each day of continued violation a separate offense. The Zoning Officer may order the offending fence corrected or removed.

Pool Barriers

Allentown requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.

Key details: Min Height: 48 to 60 inches. Gates: Self-closing, self-latching. Openings: Less than 4 inches. Enforcement: Inspection at permit.

Non-compliant barriers: immediate correction required. Fines $100 to $500. Pool use prohibited until barriers meet code. Liability exposure for accidents.

Compared to other cities, Allentown takes a harder line on pool barriers. The enforcement and penalty structure reflects that.

Retaining Walls

Allentown requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.

Key details: Permit Free: Up to 4 feet typically. Engineering: Required over 4 feet. Setbacks: Apply near property lines. Drainage: Must be addressed.

Unpermitted walls: stop-work order, required engineering review, potential demolition. Fines $200 to $1,000.

The Bottom Line

Allentown's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Allentown is broadly strict or permissive.

This guide is based on Allentown's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.