Neighbor Fence Rules: Elmhurst vs Naperville
How do neighbor fence rules rules compare between Elmhurst, IL and Naperville, IL?
Elmhurst and Naperville have similar restriction levels.
Elmhurst, IL
DuPage County
Property owners in unincorporated DuPage County share responsibility for division fences on their common boundary under the Illinois Fence Act (765 ILCS 130). Each adjoining owner pays an equitable share of construction and maintenance unless they agree otherwise in writing. Township fence viewers — or, in DuPage, the appropriate county process — resolve disputes over cost, repair, and proportions. The County's Zoning §37-407 still controls height, setbacks, and orientation locally.
View full Elmhurst rules →Naperville, IL
DuPage County
Naperville requires the finished side of all fences to face away from the property on which the fence is installed (facing the neighbor). Fences along rear property lines abutting public right-of-way must include access gates for maintenance.
View full Naperville rules →Key Facts Comparison
| Fact | Elmhurst | Naperville |
|---|---|---|
| - | - | |
| Finished Side | - | Must face outward |
| Access Gates | - | Required at right-of-way |
| Property Line | - | May build to the line |
| Cost Sharing | - | Not required by law |
Highlighted rows indicate differences between cities.
Elmhurst FAQ
Does my DuPage County neighbor have to split the cost of a shared fence?
Yes, if the fence is a "division fence" on the boundary line. Under the Illinois Fence Act (765 ILCS 130 §§3–4), adjoining landowners share construction and maintenance of division fences in just proportions. If your neighbor refuses, you can demand fence viewers be appointed under §5, or sue for contribution. A purely decorative fence set entirely on your own land is your sole responsibility.
What if my neighbor will not repair their half of the fence?
Give them written notice of the repairs needed and a reasonable time to act (765 ILCS 130/6). If they still neglect the repairs, you may complete them yourself and recover the cost plus damages from your neighbor under §11. Keep records and receipts; you may need to file in DuPage County Circuit Court or request fence viewers.
Who are "fence viewers" in DuPage County?
Under 765 ILCS 130/1, in non-township counties the County Board appoints three resident fence viewers in each district to resolve disputes. They examine the fence, hear evidence under §§9–10, and issue a written decision within 90 days (§10.1) that is filed with the county or township clerk and appealable to the county board or court.
Does Illinois law override DuPage County's fence height limits?
No. The Fence Act controls cost-sharing and the minimum "legal fence" specification, but DuPage County Zoning Ordinance §37-407 still sets the maximum height (4'6" in the front yard, 6'6" in side and rear yards), the 3-inch setback from property lines, and the requirement that the finished side face outward. You must comply with both.
Naperville FAQ
Which way does the fence face in Naperville?
The finished or decorative side must face away from the lot where the fence is installed, meaning it faces the neighbor or the public side. This is a code requirement.
Do I need a gate in my back fence?
Yes, if your rear property line abuts a public right-of-way. A gate must be installed to provide access for mowing and maintenance of the right-of-way.
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