Lake County, IL Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Fence permit exemption
- Deleted; no height is permit-exempt
- Permitting department
- Lake County Planning, Building & Development
- Permit validity
- Void after 6 months if incomplete
- Extension available
- Up to 180 days, written justifiable cause
- Appeal deadline
- 35 days to Zoning Board of Appeals
- Amending ordinance
- Ord. 25-0278, adopted 5-13-2025
- Enforcement path
- Administrative Adjudication Ordinance §§ 94.50-94.66
Summary
Unincorporated Lake County deleted the standard building-code exemption for low fences. Under the county's 2024 amendments to the International Residential Code, a fence of any height now needs a building permit from Planning, Building & Development before construction begins, with no automatic exemption for fences 7 feet or under.
Amend item 1, delete with no substitution item #2, 3, and 10. Add #11 to read as follows: 11. Structures determined by the Building Official to be eligible for the Registration Program. Item #1 "Playhouses and similar structures, provided the floor area does not exceed 120 square feet" Item #2 "Fences not over 7 feet high." Item #3 "Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge." Item #10 "Decks not exceeding 200 square feet in area, that are not more than 16 inches above grade at any point, are not attached to a dwelling, are not part of a pool barrier, and do not serve the exit door required by section R311.4."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-15: Supplement contains: Local legislation current through Ord. 26-0618, passed 6-9-2026 | State legislation current through ILCS Pamphlet 2025 #5).
Full Breakdown
The stock IRC § R105.2 exempts several small structures from needing a building permit, and item #2 of that list reads "Fences not over 7 feet high." Lake County's 2024 IRC amendments delete that item "with no substitution," so the county has no height threshold under which a fence is permit-exempt: any fence built in unincorporated Lake County requires a permit from the Lake County Planning, Building & Development Department. The same amendment also strikes the stock exemptions for small retaining walls and small decks and adds a new item #11 covering structures the Building Official designates eligible for the county's Registration Program, but fences receive no such carve-out.
Once issued, a fence permit does not last indefinitely. Under the county's rewritten R105.5, a permit for fences (grouped with re-siding, re-roofing, decks, electrical upgrades, sheds, detached garages and screen porches) becomes void if the work is not completed, and a certificate of occupancy issued if applicable, within six months of issuance. The Building Official may grant one or more written extensions of up to 180 days each, but only on a written request showing justifiable cause.
A property owner who disagrees with the Building Official's decision on a fence permit, including a denial or an interpretation of the amended R105.2 list, can appeal to the Zoning Board of Appeals under the county's rewritten R112.1. The appeal must claim the code was misapplied, does not fully apply, or that an equivalent form of construction should be allowed, and it must be filed within 35 days of the Building Official's decision under R112.4. Hearings are open to the public, and the appellant, the Building Official, and any affected person may be heard.
Violations & Fines
Building a fence without the required permit is a code violation the county enforces under R113.1.1, added by the same 2024 amendments, which routes enforcement through the Lake County Administrative Adjudication Ordinance (§§ 94.50 through 94.66 of the Lake County Code) or through the procedures set out in Section 114.2. That routes an unpermitted fence into the county's administrative hearing process rather than straight to circuit court.
Frequently Asked Questions
Do I need a permit for a short fence in unincorporated Lake County?
How long does a Lake County fence permit stay valid?
Can I appeal if the county denies my fence permit?
What happens if I build a fence without a permit?
Sources & Official References
Other rules in Lake County
Compare Lake County to another location·View the Illinois fence regulations overview
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