McLean County, IL Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-free fence height
- Open fences up to 4 feet tall
- Permit required above
- 4 feet, or any solid fence
- Issuing office
- Department of Building and Zoning
- Fee
- Set by McLean County Fee Ordinance
- Penalty for unpermitted fence
- Up to $500 per week
Summary
McLean County's construction-permit rule, § 350-19, exempts only open fences four feet tall or less from needing a permit. Any taller fence, or a solid (non-open) fence at any height, counts as a structure requiring a construction permit from the Department of Building and Zoning before it goes up on unincorporated county land.
A construction permit shall be required for the improvement of or addition to a building, structure, or land improvement or part thereof... Exempted from such permit requirements shall be buildings, structures and uses excepted from the regulations of this chapter or by Illinois statutes; driveways serving off-street parking areas of eight spaces or less; open fences not more than four feet in height; sidewalks; and light standards, birdhouses, flagpoles and similar accessory structures, berms and or retaining walls less than 36 inches in height that do not affect the drainage on adjacent properties, the location of which are not restricted by this chapter.
Full Breakdown
Chapter 350's general construction-permit rule in § 350-19 sweeps in 'the improvement of or addition to a building, structure, or land improvement or part thereof,' and a fence qualifies as a structure. The same section then lists a narrow set of exemptions, and fences appear only once, phrased precisely: 'open fences not more than four feet in height' are exempt. Read together, a fence four feet tall or less, so long as it is open rather than solid, needs no permit, while anything taller, or a solid fence regardless of height, falls back under the general rule and needs a permit before construction starts.
To get one, the owner or an authorized agent applies to the Department of Building and Zoning with plans and specifications sufficient to show compliance with Chapter 350, including any applicable performance standards. The Director of Building and Zoning reviews the application and issues the permit once the proposal complies with the chapter's regulations, including the yard setback and, along corner or double-frontage lots, sight-triangle rules found elsewhere in Article V. The fee is set by the McLean County Fee Ordinance rather than fixed in § 350-19 itself.
Because the exemption is written narrowly around height and openness, a fence built taller than four feet, or built solid rather than open, cannot rely on the exemption even if it would otherwise seem minor, and the county treats it as any other permitted structure subject to inspection before use of the fenced area is considered complete.
Violations & Fines
Erecting a fence over four feet, or a solid fence of any height, without first obtaining a § 350-19 construction permit is a zoning violation enforced under § 350-22. The County, the township, or a neighbor whose property is affected can ask the Circuit Court to halt the work or order the fence corrected or removed, and a violation is a petty offense carrying a fine up to $500, with each week it stays uncorrected a separate offense.
Frequently Asked Questions
Do I need a permit for a 4-foot fence?
What counts as an 'open' fence under the exemption?
Where do I apply for a fence permit?
Sources & Official References
Other rules in McLean County
Compare McLean County to another location·View the Illinois fence regulations overview
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