DuPage County, IL Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Note
- Illinois Fence Act (765 ILCS 130) governs division-fence rights statewide, including unincorporated DuPage
- Note
- §2: a "legal fence" is at least 4½ feet high and in good repair
- Note
- §3: adjoining owners share maintenance of division fences in just proportions
- Note
- §4: cost of enclosure/division fences is split between adjoining owners
- Note
- §5: fence viewers (or court) determine value and each owner's share if owners disagree
- Note
- §6 & §11: after written notice and neglect, an owner may repair and recover costs plus damages
- Note
- §10.1: fence-viewer decisions issue within 90 days; appealable to county board or court
- Note
- 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.
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.
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?
What if my neighbor will not repair their half of the fence?
Who are "fence viewers" in DuPage County?
Does Illinois law override DuPage County's fence height limits?
Sources & Official References
Other rules in DuPage County
Compare DuPage County to another location·View the Illinois fence regulations overview
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