Usually no. The City of Chicago says you do not need a building permit for a fence up to 5 feet above ground on both sides, as long as it conforms to zoning, or for a retaining wall up to 4 feet that carries no surcharge and does not hold back liquids. Taller fences and bigger walls need a permit, and the City runs fences through its Express Permit Program. Zoning and the public way are separate checks, so confirm with the Department of Buildings first.
If you are looking up a Chicago permit for fence work, the short answer is that the ordinary backyard fence is on the City's no-permit list. The limits are narrow, though, and they are measured in a specific way. Here is what the City says, and where owners get caught.
What fence work needs no building permit?
The City's list of work that does not need a building permit includes two fence-related items (City of Chicago):
- A fence up to 5 feet above ground, measured on both sides, that conforms to zoning.
- A retaining wall up to 4 feet, measured from the bottom of the footing to the top of the wall, with no surcharge, and not holding back liquids.
"Both sides" matters. On a lot where the ground steps down, a fence that reads 4 feet from your yard can read well over 5 from the neighbor's. "Surcharge" means extra load on the soil behind the wall, such as a driveway, a parked car or a structure close to the top. If any of those apply, do not assume the exemption fits.
The no-permit rule is about the building permit only. The City also says exempt work must still comply with all construction codes (City of Chicago).
When does a fence or wall need a permit?
Anything past those limits does. A fence taller than 5 feet, or a retaining wall taller than 4 feet, is outside the exemption. The City's Express Permit Program lists "Fence or Trash Enclosure" as a worktype (City of Chicago), so a permit for a fence is something you apply for online. Confirm with the Department of Buildings which track your wall falls under, especially for a taller retaining wall, which may need drawings.
Three other situations change the answer:
- Landmark properties. A Chicago Landmark or proposed landmark may not get the no-permit exemptions (City of Chicago).
- The public way. Anything that sits in the street, alley, sidewalk or parkway, including scaffolding and dumpsters during the build, needs a separate permit from the Chicago Department of Transportation (City of Chicago).
- Zoning. The 5 foot exemption applies to a fence that conforms to zoning. Chicago zoning has its own rules about where a fence can go and how it can be built on a lot, and we cannot give you those numbers from a verified source. Ask the City's zoning staff before you set posts.
The fence problems we hear about are rarely about the 5 foot line. They are a post set a few inches over a property line, a retaining wall built up taller than 4 feet once the yard was regraded, or a fence that a neighbor reports to 311. A permit is not the only thing that gets checked.
Who can build it?
If you hire out the work, the contractor should hold the right City license. The General Contractor license page says the license applies even to work that is exempt from a building permit (City of Chicago). The same page lists exceptions, including an owner doing work that needs no permit (City of Chicago). The mason license exceptions also name foundations for fences (City of Chicago). So a homeowner building a compliant fence can generally do it, and a hired crew should be able to tell you its license.
For the full list of what skips the permit, see work that needs no permit in Chicago. For how the online system works when a permit is required, read the Express Permit Program. Public way rules are in the CDOT permit article, and the whole picture is in our Chicago permits guide. If you want a second set of eyes before you build, our permit team can check whether your fence or wall needs one.
Common questions
The City's no-permit exemption stops at 5 feet above ground, measured on both sides. A 6 foot fence is outside it, so plan on a permit and check zoning rules with the City. The Express Permit Program has a Fence or Trash Enclosure worktype.
Not for a retaining wall up to 4 feet, measured from the bottom of the footing to the top, with no surcharge and nothing impounding liquids. Taller walls need a permit, and some may need drawings. Confirm with the Department of Buildings.
No. The exemption is for a fence that conforms to zoning, and exempt work must still follow the construction codes. Property lines, Landmark status and the public way are separate checks.
Sources
- City of Chicago: Guide to Building Permits: What Types of Work Do Not Require a Building Permit?
- City of Chicago: Guide to Building Permits: Application Instructions
- City of Chicago, Department of Buildings: General Contractor License
- City of Chicago: Guide to Building Permits: General Contractor License FAQ
- City of Chicago: Guide to Building Permits: Mason Contractor License FAQ
Facts last checked: October 7, 2026.
This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.