Fence Building West Lincoln in Niagara Region, Ontario

West Lincoln regulates fences through its Fence By-law 2017-129, in force since October 24, 2017. The Township posts it on its by-laws and policies page. Heights are measured from the ground beside the fence, and where the ground is higher on one side, from the side that gives the taller reading. On a house lot a fence can be up to 2 m (6 ft 6 3/4 in) (s.2.1.1). The by-law sets that one figure for side and rear yards instead of separate limits. On non-residential land the limit is 3 m. Near the street it drops. Within 3.0 m of the street line in a front yard, a solid fence or a hedge can be no more than 0.8 m (2 ft 7 1/2 in), and an open fence such as chain link no more than 1.2 m (3 ft 11 1/4 in) (s.2.2.1). On farm or industrial land an open fence is exempt from that front-yard limit (s.2.2.3), and a fence that holds livestock is exempt from the height table (s.2.1.3). A fence around a tennis court or similar sports area in a side or rear yard can go to 3.66 m if it is open and set 0.6 m back from the lot line, in a yard of at least 230 m2 (s.2.1.4). That allowance does not cover a pool. Corners have their own rule. In the sight triangle at a corner, a fence has to be open, cannot block the view through, and can be no more than 0.8 m high (s.2.3.1). The Zoning By-law sets the triangle's size: 6 m along each street at a Township street in a residential zone, 7.5 m in other zones, and the Region's figure at any Regional Road (Zoning By-law 2017-70, s.3.22, Table 9). A privacy screen, which the by-law treats separately from a fence, is capped at 3 m, is not allowed in a front yard or a sight triangle, and has to sit 1.2 m off rear and side lot lines (s.3). Does a fence need a permit in West Lincoln? The Fence By-law has no fence-permit section. It sets heights and placement, and the fence has to meet them. If a fence cannot meet them, the owner can apply to the Committee of Adjustment for a variance; abutting owners get notice of the hearing, and a decision can be appealed to Council within 20 days (s.5.4). The by-law's own fee schedule lists $475 for a fence variance and $1,000 for an appeal, neither refundable (Schedule A). That schedule dates from 2017, and the Township's 2026 fees by-law has no fence-variance line, so confirm the current fee with the Township before you apply. A pool is different. Under Swimming Pool By-law 2017-48 you need a permit from the Chief Building Official (s.2.1.1), and the 2026 permit fee is $260 for a seasonal, above-ground or in-ground pool, plus a $270 deposit for above-ground and $550 for in-ground (Fees By-law 2025-72). The enclosure has to be at least 1500 mm (4 ft 11 in) high, measured outside (s.4.1.2), with a gap at the bottom of no more than 50 mm over grass or soil and 100 mm over concrete or asphalt (s.4.1.3). It has to sit at least 600 mm from the pool wall (s.4.2.7), and lattice or basket weave cannot be used (s.4.2.5). A chain-link pool fence needs 12-gauge galvanized wire (or 14-gauge coated), mesh no wider than 50 mm, 38 mm posts no more than 2400 mm apart and 900 mm into the ground, a 32 mm top rail and a 9-gauge bottom tension wire (s.4.2.2). A wood pool fence needs vertical boards at least 16 mm thick, no more than 100 mm apart where the rails are 900 mm or more apart (50 mm where they are closer), 89 mm posts no more than 2400 mm apart and 900 mm deep, and 38 x 89 mm rails (s.4.2.3). Gates have to close and latch on their own, with the latch on the pool side (s.4.3.3). An older fence gets some protection. A fence that was lawful before the by-law can be kept and repaired in the same place at the same height and size (s.1.5.1). That ends when the fence is "substantially altered": once its main structural parts are replaced, or more than 75% of it is, the new work has to meet today's rules (s.1.2.1(29), s.1.5.3). So swapping a few storm-damaged boards keeps an old fence's height, and rebuilding most of it does not. Every fence also has to be kept in good repair (s.4.1.4). Sharing the cost with a neighbour works differently here than in most of Niagara. West Lincoln has switched off the Line Fences Act: "the Line Fences Act shall no longer be applied or in effect in the Township of West Lincoln" (s.1.7.1). So there is no fence-viewer process. In its place, the by-law says each owner bears "a just proportion" of a fence on the shared line (s.2.4.1). If the two owners cannot agree on the kind of fence, no contribution is owed unless the fence built is a 9-strand page wire fence, where either property has an active farm operation, or a 1.2 m chain-link fence on any other line (s.2.4.2). Build anything else, a wood privacy fence included, and the cost is not shared unless the neighbour agrees. To enforce a share, an owner sends the neighbour a notice by registered mail; if nothing happens within 30 days, the owner can do the work and take proceedings to recover the cost "upon validation of the court" (s.2.4.3). If a tree falls on a line fence, the tree's owner has to remove it and repair the fence, and after 48 hours' written notice the neighbour can do it and recover the cost (s.2.4.4-2.4.6). If a cost split matters to you, agree on it in writing before the posts go in. /fence-bylaw-guide/ covers how the Line Fences Act works in the towns that still use it. Two more checks. Under Ontario Regulation 41/24, the Niagara Peninsula Conservation Authority (NPCA) must approve a solid privacy fence in a wetland, within 30 m of one, in a river or stream valley, or on certain other hazard lands. Chain link is treated differently: the regulation exempts "a rail, chain-link or panelled fence with a minimum of 75 millimetres of width between panels, that is not within a wetland or watercourse", so a chain-link fence near a wetland or in a valley needs no NPCA permit unless it sits in the wetland or watercourse itself. And before any post hole is dug, Ontario law requires a locate request through Ontario Dig Authority (formerly Ontario One Call). The request is free under the Ontario Underground Infrastructure Notification System Act, 2012 (s.5.1(4)), and skipping it can bring a fine of up to $10,000 (s.18). We book the locate before the post holes go in. Chain link across Niagara is compared town by town at /chain-link-fence-niagara/.