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DuPage County, IL Fence Regulations: Neighbor Fence Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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Illinois Fence Act (765 ILCS 130) governs division-fence rights statewide, including unincorporated DuPage
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§2: a "legal fence" is at least 4½ feet high and in good repair
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§3: adjoining owners share maintenance of division fences in just proportions
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§4: cost of enclosure/division fences is split between adjoining owners
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§5: fence viewers (or court) determine value and each owner's share if owners disagree
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§6 & §11: after written notice and neglect, an owner may repair and recover costs plus damages
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§10.1: fence-viewer decisions issue within 90 days; appealable to county board or court
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DuPage County Zoning §37-407 still controls height (4'6" front / 6'6" other), 3" setback, and finished-side-out orientation

Summary

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.

City-specific rules exist: Naperville has its own neighbor fence rules rules that differ from DuPage County's county-level regulations. If you live in Naperville, check the city-specific page instead.

When 2 or more persons have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them. If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make and maintain his or her proportion thereof, the adjacent owner may recover damages and the cost of repairs.

Source: Illinois Fence Act, 765 ILCS 130 §§ 1–11View official code

Full Breakdown

Cost-sharing for boundary (division) fences in unincorporated DuPage County is governed by the Illinois Fence Act, 765 ILCS 130. Section 2 defines a sufficient "legal fence" as one at least 4½ feet high and in good repair. Section 3 requires adjoining landowners to maintain their division fence "in just proportion," and Section 4 splits the cost of building or rebuilding such fences between the two owners. If neighbors cannot agree on the proportion or value, Section 5 allows fence viewers (in non-township counties such as DuPage, the County Board appoints them under §1), or, alternatively, a court, to determine each owner's share.

Section 6 lets one owner give written notice of needed repairs, and under Section 11, if the neighbor neglects to repair within the time specified, the noticing owner may complete the repair and recover the cost plus damages. 1 requires fence-viewer decisions within 90 days, with appeals to the county or township board and then to court. The Fence Act is the substantive cost-sharing law, but in unincorporated DuPage every actual fence still has to comply with County Zoning §37-407 (4'6" front-yard height, 6'6" side/rear height, 3" setback from property lines, finished side facing the neighbor) and obtain a County permit before installation.

Violations & Fines

Refusing to pay a just proportion of a division-fence cost, or neglecting required repairs after written notice, exposes an owner to civil action for costs plus damages under 765 ILCS 130/11. Building a non-compliant fence (wrong height, missing permit, finished side reversed) separately violates DuPage County Zoning §37-407 and can trigger County enforcement and removal orders. Contact DuPage Building & Zoning at 630-407-6700 for the local zoning side; private fence-cost disputes are pursued through the fence-viewer process or DuPage County Circuit Court (18th Judicial Circuit).

Frequently Asked Questions

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.

Sources & Official References

Other rules in DuPage County

All DuPage County rules

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