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Lake County, IL Fence Regulations: Fence Permit Requirements (2026)

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

City-specific rules exist: Waukegan has its own fence permit requirements rules that differ from Lake County's county-level regulations. If you live in Waukegan, check the city-specific page instead.

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."

Source: Bannockburn Article IX: District Regulations of General Applicability (Fences)View official code

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?
Yes. The stock building code exemption for fences 7 feet or under was deleted with no substitution in the county's 2024 IRC amendments, so every fence, regardless of height, needs a building permit from the Planning, Building & Development Department before it goes up.
How long does a Lake County fence permit stay valid?
It becomes void if the fence is not completed within six months of issuance under the county's rewritten R105.5. The Building Official can grant written extensions of up to 180 days at a time, but only if you request one in writing and show justifiable cause for the delay.
Can I appeal if the county denies my fence permit?
Yes. Under the county's rewritten R112.1, you can appeal the Building Official's decision to the Zoning Board of Appeals if you believe the code was misapplied or an equivalent construction method should be allowed. The appeal must be filed within 35 days of the decision.
What happens if I build a fence without a permit?
The county enforces unpermitted construction, including fences, through the Lake County Administrative Adjudication Ordinance found at Sections 94.50 through 94.66 of the county code, or through the procedures in Section 114.2, per the enforcement section added to the residential code amendments.

Sources & Official References

Other rules in Lake County

All Lake County rules

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