What happens if you skip the permit (and you needed one)
- A neighbor's complaint to Burbank Building Enforcement triggers a stop-work order with a $250–$500 citation, plus you must pull a permit retroactively and pay double the original fee ($200–$300 total).
- Insurance claim denial if a liability incident occurs at your fence (injury, property damage) — insurers routinely reject claims when permit-required work was unpermitted.
- Resale disclosure requirement: Burbank Residential Real Estate Disclosure Act requires you to reveal any unpermitted fencing to buyers, which kills buyer confidence and reduces offer value by $5,000–$15,000.
- Lender/refinance block: if you refinance or apply for a home equity line of credit after unpermitted fence work, the appraisal flag will kill the loan until the fence is brought to code or removed entirely.
Burbank fence permits — the key details
Burbank's fence rules hinge on three factors: height, location, and material. The baseline exemption is straightforward — wood, vinyl, or chain-link fences under 6 feet tall in side or rear yards do not require a permit in Burbank. However, this exemption vanishes immediately if your fence is in a front yard (between the front of your house and the public street), if it exceeds 6 feet, if it is masonry and over 4 feet, or if it functions as a pool barrier at any height. The 6-foot measurement is taken from finished grade at the fence location — not from your deck, not from the highest point of undulating terrain, but from the average ground level where the fence stands. Burbank Building Department interprets this strictly; submissions with vague grading plans get rejected with a 'provide final elevation survey' bounce-back.
The most common surprise in Burbank is the corner-lot sight-line rule. Burbank's zoning code imposes a sight triangle at the intersection of two public streets (or a public street and a recorded easement used for utility access). Within 25 feet of the corner point, any fence, shrub, or structure taller than 3 feet is prohibited if it blocks the sight-line wedge. This rule applies even if your fence is only 4 feet tall — if you're a corner lot and haven't run a sight-line analysis, your permit will be rejected. The city requires a survey showing the sight-triangle geometry and proof that your fence clears it. Many Burbank homeowners are surprised to learn their 'rear fence' on a corner lot is actually partially in the sight-line zone and must be shortened or set back farther. If you own a corner property, confirm your property's corner status and run a sight-triangle check before sketching your fence plan.
Pool barriers (fences, walls, or other enclosures around a swimming pool or hot tub) are non-exempt and require a permit at any height in Burbank. The governing standard is the 2021 International Building Code (IBC) Section 3109, which Burbank has adopted. The gate must be self-closing and self-latching with hardware that automatically returns the gate to the latched position. Many homeowners build a vinyl fence around a pool, then fail to specify a compliant gate hinge and latch assembly — the permit gets conditionally approved but fails final inspection. Buy a latch kit certified to IBC 3109 (most hardware stores carry them; cost $50–$150) and include the product spec sheet with your permit application. If your pool is older and the fence predates the 2000s, it is almost certainly non-compliant; Burbank will require retrofit during any remodel or permit pull.
Exemptions in Burbank include replacement of a fence like-for-like (same height, material, location) if you submit before-and-after photos and a one-page affidavit stating the fence is an in-kind replacement. Chain-link fences under 6 feet in rear/side yards are also exempt, even though they are highly visible — the code does not discriminate on aesthetics. However, if you are replacing a 4-foot chain-link fence with a 6-foot one, that is a change of dimension, not like-for-like, and requires a permit. Burbank does not exempt fences that border recorded utility easements or drainage swales without written approval from the utility or drain district; this is a common trap. If your survey shows an easement, request a written waiver from the holder (ComEd, Nicor Gas, or the local sanitary district) and attach it to your application.
The practical path forward: If your fence is under 6 feet, not in a front yard, not masonry, not pool-related, and not on a corner lot (or if corner-lot, clears the sight triangle), gather a property survey showing property lines and proposed fence location, fill out the one-page Burbank Fence Permit form (available at city hall or online), and submit it to the Building Department. Turnaround is same-day to one week. The fee is a flat $100–$150 (no per-foot sliding scale). You do not need a licensed contractor; homeowners are allowed to pull permits. Inspection is final only — footing inspection is waived for non-masonry fences under 6 feet. If your fence is over 6 feet or masonry, you will need a footing detail and site plan with setback verification; expect 2-3 weeks and a possible back-and-forth with the plan examiner. Masonry fences over 4 feet may require a structural engineer's stamp if soil conditions are poor (glacial till and clay are stable, but Burbank will ask for confirmation). Once approved, the permit is valid for one year; construction must start within that window.
Three Burbank fence (wood/vinyl/metal/chain-link) scenarios
Burbank's corner-lot sight-triangle trap: why it catches smart homeowners
Burbank sits at the southwest corner of Cook County, surrounded by other densely zoned municipalities (Cicero, Oak Lawn, Chicago). Unlike Cicero, which allows 6-foot fences on corner lots if they clear sight triangles, Burbank's sight-triangle rule is more aggressively enforced. The sight triangle is a wedge-shaped area at the intersection of two public streets (or a public street and an easement). The rule is: within 25 feet of the corner point, no fence, shrub, wall, or structure taller than 3 feet is permitted if it blocks the sight-line wedge. This is not a zoning variance; it is a hard code rule rooted in traffic-safety law. Burbank's Building Department interprets it strictly.
The trap: many homeowners think 'my rear fence is far enough back, so it's exempt.' They sketch a 5-foot or 6-foot fence on a corner lot and submit without a survey. The plan examiner pulls up the plat, spots the corner location, and rejects the application with a note: 'Sight-triangle verification required. Provide a survey showing the corner coordinates and the proposed fence location within the sight triangle.' Homeowners then scramble to hire a surveyor ($300–$500) and often discover the fence must be shortened or set back. Some properties have rear fences that sit partially within the sight triangle, forcing a redesign mid-project.
The solution: before you file, confirm whether your property is a corner lot (frontage on two public streets) or a reverse-corner lot (interior corner of a cul-de-sac or T-intersection). Check your property plat (Cook County Assessor's office, free online) or call Burbank Building Department and ask 'Is my address a corner lot?' If yes, request a sight-triangle analysis (some survey firms do this for $150–$300). If your fence line falls within the wedge, you have three options: (1) shorten the fence to 3 feet or less, (2) set it back farther from the corner (setback is cumulative; a fence 30 feet from the corner rather than 25 feet may clear the wedge), or (3) request a variance from Burbank's Zoning Board (expect 2-3 months and a hearing fee, plus no guarantee of approval). Most homeowners choose option 1 or 2.
Frost depth, post heave, and Burbank's glacial-till soil — why 2 feet is the minimum
Burbank sits on glacial till — a mix of clay, silt, sand, and gravel left by ice-age glaciers. The frost depth in Burbank is 42 inches (measured from the surface to the frost line, the depth at which the ground freezes solid in winter). Any post buried less than 42 inches will experience frost heave: in fall, water in the soil around the post freezes and expands, pushing the post upward. When spring thaw occurs, the post settles unevenly, leaving gaps and tilting the fence. Posts set only 12-18 inches deep will heave noticeably in the first winter; by year three, the fence sags and leans.
Burbank's code requires posts to be set to the frost depth (42 inches) OR embedded in a concrete footing that extends below the frost line. The standard practice is to dig a hole 2 feet deep (24 inches of post below grade, plus 18 inches of concrete footing), which is a compromise: the post itself rests 2 feet down, and the concrete footing (which is much more frost-resistant than soil) carries the load. In Burbank's glacial till, 2-foot posts set in 6 inches of concrete are stable. Some contractors dig deeper (2.5 feet) for extra margin, especially in soils with high clay content. If you hire a fence contractor, verify they use 2-foot minimum post holes in concrete (not spikes hammered into soil, which are legal for temporary fences but not permanent residential fences). Burbank inspectors will check post depth and concrete during final inspection; inadequate post depth is a common rejection reason.
Cost impact: digging post holes 2 feet deep in glacial till takes longer than in sandy soil (a hand-auger struggles; a power auger is more efficient). Post-hole concrete adds weight and cost. A 150-foot fence with 25 posts, 2 feet deep, 6 inches of concrete per hole, costs roughly $1,500–$2,500 just for labor and materials. This is baked into contractor estimates, but homeowner-DIY builders often underestimate the effort and end up with shallow posts, then face rejection or frost heave in year two.
7510 West 79th Street, Burbank, IL 60459
Phone: (708) 237-7277 | https://www.burbankoil.com/departments/building_permits
Monday–Friday, 8:00 AM–5:00 PM
Common questions
Do I need a permit to replace my old fence with the same height and material?
If the replacement fence is identical in height, material, and location (like-for-like), Burbank exempts it — no permit required. Submit two photos (before and after) and a one-page affidavit to Building Department confirming it is a replacement. However, if you change the height, material, or location (e.g., moving the fence line back 2 feet), it is a new fence and requires a permit if it exceeds 6 feet or is in a front yard.
Can I build a fence on the property line, or must I set it back?
Burbank requires fences to be built entirely on your side of the property line. If the fence is on the line, you must obtain your neighbor's written consent. Many municipalities allow shared-fence ownership, but Burbank prefers clear ownership. Verify the exact property line location with a survey ($300–$500) before construction. If you build on the line without permission, the neighbor can force removal.
What is the maximum height for a front-yard fence in Burbank?
Burbank prohibits fences taller than 4 feet in front yards in most zones. A 'front yard' is the area between the front of your house and the public right-of-way (street). If you want a front-yard fence (rare, and usually for good reason), it must be under 4 feet and you must pull a permit. Many homeowners are denied front-yard fences; Burbank prioritizes street-facing aesthetics and sight-line safety.
Do I need an HOA approval in addition to a city permit?
Yes. HOA approval and city permit are separate. If your property is in an HOA, you must obtain HOA approval FIRST (check your CC&Rs for architectural review requirements). Then pull the city permit. Burbank will not issue a permit if the HOA later objects, so do HOA approval first. This is a common source of delays — homeowners pull the city permit, build the fence, and then the HOA demands removal or changes.
Can I dig fence-post holes near my property line without calling before I dig?
No. Call 811 (Dig Safe/Call Before You Dig) at least 3 business days before digging anywhere on your property. Burbank is serviced by ComEd (electric), Nicor Gas (natural gas), and the Metropolitan Water Reclamation District (sewer/drainage). These utilities will mark their lines. Hitting a gas line can be catastrophic. If you dig without calling 811 and hit a line, you are liable for repairs (thousands of dollars) and may face criminal charges.
Does a masonry fence require a different permit process?
Yes. Masonry fences (brick, stone, concrete block) over 4 feet in height require a permit even if on a rear lot. They must have a footing detail showing foundation depth (below frost line, 42 inches in Burbank), reinforcement specs, and soil-bearing capacity. A structural engineer may be required if soil is poor. Masonry footing inspection is mandatory. Plan for 3-4 weeks and potential structural review. Masonry fences are expensive ($50–$150 per linear foot) and slow; most homeowners choose vinyl or wood instead.
What happens if Burbank rejects my permit application?
Burbank Building Department sends a written rejection with specific deficiencies (e.g., 'Site plan missing property-line survey,' 'Fence height exceeds 6 feet — variance required,' 'Gate spec does not meet IBC 3109'). You revise and resubmit. Resubmission is free if you are addressing the same project. Turnaround on resubmissions is typically 3-5 business days. If you disagree with the rejection (e.g., you think your corner lot clears the sight triangle), you can request a meeting with the plan examiner or file an appeal to the Zoning Board of Appeals.
Can a homeowner pull a fence permit, or do I need a licensed contractor?
Homeowners can pull their own fence permit in Burbank for owner-occupied properties. You do not need a licensed contractor. However, you must have a scaled site plan with property lines and proposed fence location, and you must submit an application. Many homeowners hire a fence contractor; the contractor often handles the permit for an extra $100–$200. If you DIY the permit, you must also pull the final inspection yourself (you cannot have a neighbor be the permittee and then hire a contractor).
How long does a fence permit stay valid in Burbank?
Once approved, a fence permit is valid for one year in Burbank. You must start construction within that year or the permit expires. If you run over a year, you must reapply and pay a new fee. Final inspection must occur before you are released from the permit. If the fence passes inspection, the permit is closed and the work is legalized. No further action is required unless the fence is later altered.
What if my fence violates setback or height rules and I build it anyway — can Burbank force me to tear it down?
Yes. If a neighbor complains or Burbank discovers the violation, you receive a notice of violation and an order to remedy (remove or modify the fence). You have 14-30 days to comply. If you do not comply, Burbank can issue a fine ($250–$500) and pursue demolition by the city (cost passed to you, $1,000–$3,000). It is far cheaper to pull the right permit upfront than to tear down and rebuild.