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Mount Prospect, IL Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit issuer
Community Development Department
Work requiring a permit
Construct, erect or replace any fence
Freestanding walls
Treated as fences
Permit fee
Set in appendix A, division II, per Section 21.320
Location
Entirely on private property, no encroachment
Floodway
Fences not permitted in FEMA-designated floodway areas

Summary

In the Village of Mount Prospect it is unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit is granted only for fences that comply with the Code, and freestanding walls count as fences.

A. General Provisions: ... It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit may be granted only if the proposed fence is in compliance with the provisions of this Code. For the purposes of this section, freestanding walls shall be considered fences. ... ... 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights-of-way. ... ... 5. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists.

Full Breakdown

Section 14.318 A of the Village of Mount Prospect zoning chapter makes the permit the first step of every fence project. It is unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. Replacing an existing fence needs a new permit, not only building a new one. The permit may be granted only if the proposed fence complies with the provisions of the Code, and for this purpose freestanding walls are considered fences.

The fee is set in Section 21.320, which says the fee to construct, alter or erect a fence is as set forth in appendix A, division II of the Code.

The zoning chapter sets the standards the application is measured against. All fences must be entirely on private property and cannot encroach on adjoining lots or public rights-of-way. A fence on a residentially zoned property cannot enclose an area less than fifty percent of the maximum fenceable area, though that limit does not apply to fencing around swimming pools. Fences are not permitted in floodway areas designated on FEMA's Flood Boundary and Floodway Map, and fences in utility easements are subject to the condition of the easement. Grades at property lines cannot be altered for fence construction unless a grading plan is approved by the Community Development Director.

Material rules also feed the review: only a smooth finished side may face an abutting lot or road, and barbed wire or electrically charged wire is unlawful except to protect industrial property. Temporary construction, safety and silt fencing is allowed only as part of a project with a current building permit and must be removed when the project is complete.

Violations & Fines

Building, erecting or replacing a fence without first obtaining a permit is declared unlawful by Section 14.318 A. The section prints no fine amount, and the permit cannot be granted for a fence that fails the Code. Barbed wire and electrically charged wire fences are separately unlawful, except barbed wire protecting industrial property at least six feet above the sidewalk.

Frequently Asked Questions

Do I need a permit to replace an existing fence in Mount Prospect?
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 permit is granted only if the proposed fence complies with the Code.
Does a freestanding wall need a fence permit?
Yes. For the purposes of Section 14.318, freestanding walls are considered fences, so a garden or yard wall goes through the same permit and the same height and location standards.
How much does a fence permit cost?
Section 21.320 says the fee to construct, alter or erect a fence is as set forth in appendix A, division II of the Village Code. The dollar amount is in that schedule, not in the fence section.
Can a fence sit on the property line or cross it?
A fence must be entirely on private property and cannot encroach on adjoining lots or public rights-of-way. Fences in utility easements are subject to the condition of the easement, and floodway areas designated by FEMA do not allow fences.

Sources & Official References

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