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Mount Prospect, IL Fence Regulations: Neighbor Fence Rules (2026)

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

Key Facts

Permit
Required from the Community Development Department
Location
Entirely on private property
Encroachment
Not onto adjoining lots or public rights-of-way
Maintenance access
Required when the fence is not along a property line
Finished side
Smooth side faces the abutting lot or road
Grade at lot lines
No alteration without an approved grading plan

Summary

In the Village of Mount Prospect, every fence must sit entirely on the owner's own lot: § 14.318.B.3 bars encroachment onto adjoining lots and public rights-of-way. A permit from the Community Development Department is required, and a fence set off the property line must leave maintenance access to the strip between fence and line.

A. General Provisions: ... It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. ... ... 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights-of-way. ... ... a. Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. ... ... C. Construction: ... 1. Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road.

Full Breakdown

Section 14.318 of the Village Code governs fences and walls in Mount Prospect, and its first sentence sets the gate: it is unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit can be granted only if the proposed fence complies with the Village Code, and freestanding walls are treated as fences for the same purposes.

The rule that matters most between neighbors is subsection B.3. All fences must be entirely on private property, and a fence cannot encroach on an adjoining lot or a public right-of-way. Section 14.318 prints no cost-sharing or shared-ownership formula for a boundary fence. The printed standard is simply that the fence stays on the builder's own lot.

Owners who pull a fence back from the line take on a separate obligation under subsection B.5.a. In rear and interior side yards, a fence must sit behind the front line of the principal building, and if it is not located along a property line, sufficient access must be provided to the area between the fence and the property line to allow for proper maintenance. That keeps the leftover strip reachable instead of leaving an unmaintained gap beside the neighbor's yard.

Subsection C.1 addresses what the neighbor sees: a fence is constructed so that only a smooth finished side faces an abutting lot or road. Subsection C.4 adds that grades at property lines cannot be altered because of fence construction unless a grading plan is submitted to and approved by the Community Development Director. Under subsection B.9, a fence in a utility easement is subject to the condition of the easement.

Exterior side yards carry their own line setbacks. An open or solid fence sits behind the front line of the principal building and one foot from the exterior side property line. Where the exterior side yard abuts the front yard of an adjacent lot, an open fence keeps a one foot setback and a solid fence keeps a ten foot setback.

Violations & Fines

Constructing, erecting or replacing a fence without a permit from the Community Development Department is declared unlawful by § 14.318.A. A fence that crosses onto an adjoining lot or a public right-of-way breaks § 14.318.B.3, and a fence set off the line without maintenance access breaks § 14.318.B.5.a. Section 14.318 itself prints no fine amount.

Frequently Asked Questions

Can I build a fence on the property line I share with a neighbor?
Section 14.318.B.3 requires every fence to be entirely on private property and forbids encroachment on adjoining lots. The section prints no rule on splitting ownership or cost of a boundary fence with a neighbor. The printed requirement is only that the fence stay on the builder's own property and be permitted first.
Which side of the fence faces my neighbor?
Under § 14.318.C.1, a fence must be constructed so that only a smooth finished side faces an abutting lot or road. The rough framing side belongs on the builder's own side. The permitted materials include wood, chainlink, masonry, aluminum, wrought iron and composite.
Do I need a permit to replace an existing fence?
Yes. Section 14.318.A makes it unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The replacement has to comply with the Village Code, since the permit is granted only for a fence that does.
What if I set my fence back from the property line?
Section 14.318.B.5.a requires sufficient access to the area between the fence and the property line so it can be properly maintained. In rear and interior side yards the fence must also sit behind the front line of the principal building.

Sources & Official References

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