What happens if you skip the permit (and you needed one)
- Stop-work order and citation: Highland Building Department can issue a $250–$500 stop-work violation, halt construction immediately, and require removal if the fence is found non-compliant after an anonymous complaint or property-line survey.
- Double-permit penalty on re-pull: If you build without a permit and later sell or refinance, the new owner's lender will flag the unpermitted fence; you'll pay the original permit fee plus a late-filing penalty ($100–$300) to bring it into compliance or face forced removal.
- HOA enforcement and lien risk: If your subdivision has an HOA and you skip both HOA approval AND a city permit, the HOA can levy fines ($50–$200/month) and in some cases place a lien on your deed; Highland courts have upheld HOA fence liens.
- Resale title-disclosure hit and appraisal denial: An unlicensed fence lacking a city permit becomes a material defect on your Seller's Disclosure; buyers' appraisers may refuse to credit the fence's value, and title companies may require a remedial permit or removal before closing.
Highland, Indiana fence permits — the key details
Highland's fence permit threshold is rooted in the Indiana Building Code and local zoning ordinance, but the city's most consequential rule is its corner-lot sight-line enforcement. Any fence — regardless of height — that obstructs a driver's clear sightline at a corner lot's property edge must be set back or reduced in height to comply with sight-triangle geometry, typically requiring a setback of 15–25 feet from the corner, depending on road speed limits and curb geometry. This rule applies to front yards and wraparound side yards on corner properties. The city's Building Department interprets this rule strictly: a 6-foot stockade fence on a corner lot will generate a permit rejection or a variance requirement, even if a neighbor's identical fence 20 feet away (on a non-corner lot) is permit-exempt. The IRC R110.1 and local zoning ordinance codify the sight-distance requirement; violators can be cited, fined, and ordered to remove or reduce the fence. Unlike some municipalities that grandfather corner-lot fences, Highland does not; if your fence was built before the rule tightened (or before a road was widened), you may still be liable.
Permit-exempt fences in Highland are: (1) wood, vinyl, or chain-link fences under 6 feet tall in rear or side yards, if more than 5 feet from the property line and not fronting a public right-of-way; (2) like-for-like replacements of an existing fence that was under 6 feet and originally permitted or grandfathered, provided the replacement is the same height and location; and (3) temporary construction barriers under 6 feet for the duration of a permitted building project. Masonry fences (brick, stone, block) are subject to different thresholds: over 4 feet, they require a permit, structural engineering (if over 6 feet), and a footing inspection. All pool barriers — including fences, walls, and gate systems surrounding a pool, regardless of height — require a permit and must comply with Indiana's pool-enclosure code (based on IRC AG105), which mandates self-closing, self-latching gates with a maximum 1/4-inch gap above grade and a 4-inch sphere-gap rule (no opening larger than 4 inches through which a child's head can fit). Highland does not allow homeowners to skip pool-barrier permits; insurance companies will deny claims on pools without permitted barriers, and the city considers unpermitted pools a code violation with fines of $100–$500/day.
Highland's frost depth of 36 inches (standard for Lake County glacial till) is a critical design factor often overlooked by DIY fence builders. Posts must be buried below frost depth to avoid heaving — a common failure in spring when soil thaws unevenly. For non-masonry fences (wood, vinyl, chain-link), the local practice is a 36-inch post hole with 6–8 inches of concrete below frost, backfilled with gravel and soil. Masonry fences over 4 feet require a frost-protected footing detail, typically a 12-inch-deep, 36-inch-wide trench with a gravel bed, concrete footing, and drainage; the city's Building Department may require a licensed contractor's engineering stamp if the fence sits on a slope or near a property line. During plan review (for permitted masonry fences), the inspector will request a footing detail showing frost depth, concrete strength (typically 3,000 psi), and reinforcement (if over 6 feet). Failure to meet frost depth is the leading cause of fence collapse in Highland; replacement fences in winter/early spring often expose rotted or heaved posts from prior installations that ignored the rule.
Highland's permit process for fences under 6 feet in rear yards is typically same-day over-the-counter (OTC): bring a sketch or photo showing height, material, estimated location (approximate setback from property line), and whether the fence is a new build or replacement. The Building Department will issue a permit on the spot for $50–$100 (flat fee, not linear-foot-based). For corner-lot fences, front-yard fences, masonry over 4 feet, or pool barriers, plan for 1–2 weeks of plan review; you'll need a property survey showing property lines, existing structures, right-of-way line, and proposed fence location dimensioned from the property corners. Pool-barrier permits require a gate-mechanism spec sheet (manufacturer's documentation of self-closing/latching action, force in pounds, and gap clearance). Masonry fences over 4 feet require a footing detail on a PDF or printed sheet with frost depth, concrete dimensions, and (if over 6 feet) a licensed engineer's seal. Highland's Building Department does not allow electronic permit pulls; you must apply in person at City Hall or by mail. Inspections are final-only for non-masonry fences; masonry over 4 feet triggers a footing inspection before concrete is poured, and a final inspection after posts are set and the fence is installed.
Homeowner-builder (unlicensed) permits are allowed in Highland for owner-occupied single-family homes; you do not need a contractor's license to pull a fence permit if you own the property and live there. However, if you hire a licensed contractor, the contractor's license number and responsible charge will appear on the permit, and the contractor is liable for code compliance. If a corner-lot sight-line issue or a masonry footing deficiency is discovered during inspection, the inspector may require a licensed contractor to remediate; the city has authority to enforce contractor responsibility. HOA approval is separate from the city permit and must be obtained before or concurrent with the city application; many HOAs in Highland subdivisions (particularly Crestwood, Bridgewater, and Woodridge) have fence-design guidelines and height limits that differ from the city's thresholds. Obtain your HOA approval letter and attach it to your permit application if your property is in a gated or deed-restricted community. The city will not issue a permit for a fence that violates an HOA covenant, even if the fence meets city code.
Three Highland fence (wood/vinyl/metal/chain-link) scenarios
Highland's corner-lot sight-triangle rule and why it matters more here than in neighboring cities
Highland's intersection of Appletree Lane, Oak Drive, and other residential roads has a higher-than-average pedestrian and school-traffic volume (two schools within 2 miles). The city's Plan Commission adopted a strict sight-distance interpretation in 2015 after a bicycle-pedestrian accident at a corner lot with a tall privacy fence that obscured a driver's view. Unlike some Indiana towns (Dyer, Schererville) that grandfather corner fences or apply the rule only to main highways, Highland enforces sight-triangle setback requirements uniformly across all residential intersections, regardless of road classification. A 15–25 foot setback is typical for a 25 mph residential street; a 30–50 foot setback for a 35+ mph secondary road. The city does not issue variances lightly; you must show that the sight line is not materially obstructed by existing vegetation or structures.
What this means in practice: if you own a corner lot in Highland and want any front-yard fence taller than 3 feet, expect to need a survey and a permit application that explicitly addresses sight lines. The city's online permit portal includes a 'corner lot sight-line checklist' (if you find it on the portal) or the Building Department will email one with your permit application. You cannot relocate or modify a front-yard fence on a corner lot without re-running the sight-triangle calculation. This is more restrictive than, say, Griffith or Munster, where corner-lot fences are permitted if set back from the property line, without explicit sight-line analysis.
Practical workaround: on a corner lot, if you want a decorative fence, consider a 3-foot fence (which may not trigger sight-line review) or a low, open-lattice or post-and-rail fence that maintains sightlines even at full height. Many corners in Highland now have 3-foot vinyl fences or split-rail fencing precisely because the corner-lot rule makes anything taller difficult. If you want full privacy, consider fence placement on the rear or interior side yard, further from the corner intersection.
Frost depth, glacial-till soil, and why Highland fence posts fail in spring — and how to prevent it
Highland sits on Lake County's glacial-till formation — clay and silt left by the Wisconsin Glacier, overlaid with sand and gravel in some zones. The official frost depth for the city is 36 inches, meaning soil freezes to 36 inches below grade in a typical winter. When soil freezes, water in the soil expands, causing 'frost heave' — the upward movement of soil and structures. A fence post buried to only 24 inches (a common mistake for under-6-foot fences) will heave 2–4 inches in March, leaving the post loose or tilted. By April, when the soil thaws, the post settles unevenly, creating a gap between post and concrete, or the post itself cracks. Many Highland homeowners report 'leaning' fences in April and May, not because the fence was poorly built, but because it was buried above the frost line.
Best practice: bury posts 36–42 inches deep (to get below frost and account for ground variation) and backfill with 6–8 inches of concrete, then soil and gravel. If the post is in a wet area or clay, use a post-sleeve system (a plastic cap that allows water drainage but prevents soil contact, available from lumber suppliers for $15–$30 per post). Avoid backfilling a post hole with only gravel or sand; concrete is the frost-heave insulator. For masonry fences, the footing detail must be below frost depth; a 12-inch footing at grade will fail. If you install a fence in winter, expect to do a 'spring re-check': tighten bolts, re-brace posts, and add concrete if necessary in May after thaw.
South Highland (near the Lake County Karst area) has additional drainage challenges: limestone bedrock and sinkholes mean water doesn't drain predictably. A masonry fence footing in a sinkhole-prone area may settle or crack if water undermines it. The city may require a soil engineer's report ($400–$800) for masonry fences in zones with known karst features. The Building Department's permit application will ask about lot drainage history; if you report any sinkholes or severe water issues, you'll likely be required to submit a geotechnical report. This is not optional in south Highland — lenders and insurers have denied claims on properties with settled masonry due to karst collapse.
Highland City Hall, 3333 Ridge Road, Highland, IN 46322
Phone: (219) 838-3333 (call City Hall main line and ask for Building or Planning Department) | https://www.highlandindiana.us (visit website for online permit portal or permit application form)
Monday–Friday, 8:00 AM–5:00 PM ET (closed weekends and City holidays)
Common questions
Do I need a permit to replace my old 6-foot wood fence with a new 6-foot vinyl fence in the same location?
It depends on whether the original fence was legally permitted and grandfathered. If your old fence was permitted or legally built under prior code and is still in the same location (documented by a survey or prior permit), you may qualify for a like-for-like exemption and can replace it without a new permit. However, if the original fence was unpermitted or the location has changed (e.g., new property survey shows it encroached the setback), you'll need a new permit. Contact Highland Building Department with a photo of the existing fence and its approximate age; they can advise if you're eligible for the exemption. If in doubt, pull a permit ($50–$100); it's cheaper than a removal order.
My property is in an HOA subdivision. Do I need both HOA approval and a city permit?
Yes. HOA approval and city permit are separate processes. You must obtain HOA Design Review approval first (or concurrently), then file with Highland Building Department. The city will not issue a permit if it violates HOA covenants, and the HOA cannot override city code if the city requires a permit. Most Highland HOAs (Crestwood, Bridgewater, Woodridge) have 4–5 foot height limits for front yards and require color approval for vinyl or wood. Get the HOA approval letter and attach it to your city permit application. Timeline: 2–3 weeks for HOA review, 1–2 weeks for city review (if a permit is required).
I have a pool. Does my pool fence need to be a specific height or have a special gate?
Yes. Pool barriers in Highland must comply with Indiana's pool-enclosure code (IRC AG105). The fence (if it's the pool enclosure) must be at least 4 feet tall (if it's part of the barrier system), have a self-closing, self-latching gate with a maximum 1/4-inch gap above grade, and meet the 4-inch sphere rule (no opening through which a child's head can fit). If you build a separate fence around the pool, you need a permit and must submit the gate-mechanism spec sheet (manufacturer documentation). If your pool has a deck railing and cover, the fence may not be the barrier, but the city will evaluate this during permit review. Never build a pool enclosure without a permit; insurance will not cover an unpermitted pool, and the city considers it a code violation.
What if my fence is partly on my property and partly on the property line — do I need a survey?
If the fence is ON the property line (shared fence), you typically do not need a survey for a rear-yard fence under 6 feet, but you do need neighbor consent. If the fence is ACROSS the line (encroachment), you need a survey to correct it before Highland will approve it. For any front-yard or corner-lot fence, a survey is strongly recommended ($250–$400) to prove setback compliance and sight-line clearance. If a neighbor disputes the line, the survey is required to resolve the dispute and avoid a removal order.
Can I build a masonry fence myself, or do I need a licensed contractor?
You can pull the permit as an owner-builder if you live in the home, but Highland's Building Department may require a licensed masonry contractor for footing installation and final inspection. Masonry over 4 feet is structural and may require engineering; the city has authority to enforce contractor responsibility if defects are found. Many homeowners pull the permit but hire a licensed mason for the footing and structural work, then finish the top courses themselves. Check with the Building Department before starting; they'll clarify who can do what.
I'm in a flood zone. Do I need special fence permits or materials?
If your property is in FEMA Flood Zone A or AE, you may have additional flood-elevation requirements. Fences below the base flood elevation must be designed to allow water passage (open-lattice or post-and-rail), not block water flow. Check your flood map on FEMA's Flood Map Service Center and ask Highland Building Department if your lot is in a mapped flood zone. If yes, the fence may need to be elevated or designed with flood vents. This is rare in Highland but possible in flood-prone areas near Hohman Avenue or near the Grand Calumet River. Flood-compliant fences may cost 10–20% more but are required and enforced.
How long does a fence permit typically take in Highland, and can I start building before I get the permit?
Under-6-foot rear-yard non-masonry fences are often issued same-day (OTC) with no plan review; you can start building as soon as you pick up the permit. Front-yard, corner-lot, masonry, or pool-barrier permits typically take 1–2 weeks of plan review. Do not start building before the permit is issued; if an inspector sees unpermitted work, you'll be issued a stop-work order and may be fined $250–$500. Once the permit is in hand, you can build immediately.
If I hire a fence contractor licensed in another state or county, can they pull the permit for me?
Fence contractors licensed in Indiana can pull permits in Highland on your behalf. Out-of-state contractors may not be recognized by the city and will likely not be able to pull a permit without an Indiana license. Ask your contractor if they hold an Indiana fence-contractor license (or general contractor license) before hiring. Many national fence companies have local Indiana-licensed agents; verify before signing the contract. If a contractor cannot pull the permit, you'll need to pull it yourself and the contractor will do the work under your permit.
What happens if I build a fence that violates the setback and the city finds out?
Highland's Building Department or a neighbor can report a code violation. The city will issue a Notice of Violation and give you 10–30 days to remedy (modify, remove, or apply for a permit/variance). If you don't comply, the city can assess fines of $100–$500 per day and may take legal action to remove the fence at your expense (typically $1,500–$5,000 in removal costs). Additionally, if you sell or refinance, the title company will flag the violation and may require remediation before closing. It's far cheaper to get the permit or variance upfront than to face removal down the road.
My fence is on the line between Highland and a neighboring city (e.g., Dyer). Whose permit do I need?
If your property is entirely in Highland, you need a Highland permit, even if the fence is near the city boundary. If your property straddles two cities (rare but possible on annexed or boundary-adjustment lots), you may need permits from both jurisdictions. Check your property deed to confirm which city you're in, or contact Highland Building Department to verify. Many boundary-line disputes are resolved by survey; if your lot is actually in a neighboring city, that city's Building Department will issue the permit.