The Indiana Fence Ordinance refers to the set of regulations and guidelines that govern the construction, placement, and maintenance of fences within the state of Indiana. These ordinances aim to ensure safety, aesthetics, and property rights for both residential and commercial properties. Indiana recognizes various types of fence ordinances, specific to different regions and municipalities. Some common variations include: 1. Local Zoning Ordinances: These ordinances are established by local government bodies, such as cities, towns, or counties, to regulate fence construction within their jurisdictions. They typically outline requirements for fence height, materials, setbacks from property boundaries or roads, and any special conditions for certain zones or neighborhoods. 2. Historic District Ordinances: Historic districts within Indiana often have additional guidelines that oversee fence installation. These ordinances are created to preserve the historical character and integrity of the designated areas. They may impose restrictions on the type of materials used, fence design, and color schemes to maintain architectural consistency. 3. Pool Fence Ordinances: Indiana has specific regulations regarding pool fences to ensure the safety and prevent accidents, especially for residential properties with swimming pools. Pool fence ordinances usually mandate the installation of a self-closing and self-latching gate, minimum fence height, and no gaps that a young child can pass through. 4. Agricultural Fence Ordinances: In rural areas or regions with agricultural activities, there are often specific rule sets addressing fences around farmland or livestock areas. These ordinances may cover fencing requirements, setback distances from neighboring properties, and the type of materials allowed ensuring proper containment and protection of animals. To comply with the Indiana Fence Ordinance(s), property owners need to be aware of the relevant regulations that apply to their location. It is advisable to consult the local zoning authority, homeowner associations, or review the official Indiana state government website for specific details and any recent updates regarding fence ordinances in the area.
Indiana Fence Ordinance
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Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
Boundary fence laws § 32-26-9-3, it is the duty of the landowner to separate their land from the adjoining property of the neighbors. The same law also states that the landowner must pay for the right half of the fence that faces their side of the land. The construction of the other half has to be paid by the neighbor.
In most situations, the neighbours should share the cost of the boundary fence on a building on a 50/50 split basis. This is the fairest and most equitable way to move forward.
Residents/contractors are not required to get a permit to erect a fence, however, not all fences are allowed in all locations. Before you incur the expense of installing a new fence, we suggest that you familiarize yourself with the Indianapolis ordinance on fences (Sec. 744-510).
Under the Indiana Partition Fence Law, adjacent landowners are required to share the burden of building partition fences, so long as one property is agricultural land located outside town or city limit. This applies even if only one property owners benefit from or use the fence.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
The Importance of Asking for Permission When you attach something to a fence without the owner's permission, you could technically be considered trespassing or even committing criminal damage.
Under Indiana State law there is a specific statute for spite fences, which gives property owners some recourse if the fence is constructed in a malicious way. Fences under the statute cannot have fence height taller than six feet, or be built or maintained in a way that purposefully annoys adjoining landowners.