What happens if you skip the permit (and you needed one)
- Stop-work order and $500–$1,500 fine from McHenry code enforcement; contractor work halts immediately and fence may be ordered removed at your cost.
- Insurance claim denial if fence damages a neighbor's property — your homeowner's policy explicitly excludes unpermitted work, costing you $5,000–$25,000 out of pocket.
- Title defect and buyer disclosure: 'unpermitted fence' appears on Residential Real Property Disclosure and kills a sale or forces a price cut of 5–15% ($20,000–$80,000 on a $500,000 home).
- Lender refinance block: if you refinance or take out a home equity line, the appraisal flags the unpermitted fence and lender kills the deal, costing you 6–12 months of delays and thousands in fees.
McHenry fence permits — the key details
McHenry's fence rules hinge on two code layers: the Illinois Building Code (which allows most non-masonry fences under 6 feet without a permit) and McHenry's local zoning ordinance (which adds corner-lot sight-line restrictions and front-yard height limits). The key rule is straightforward on paper but aggressively enforced in practice: any fence visible from a public street in a corner lot or front yard — no matter the height — triggers corner-lot sight-triangle calculations, and McHenry Building Department staff will ask for a survey or certified property-line sketch showing that your fence clears the sight triangle. This is not a casual checklist. I have seen fences ordered removed in McHenry because a 3-foot vinyl fence in a front yard encroached 18 inches into a 35-foot sight triangle. Neighboring Huntley and Woodstock enforce sight lines more loosely; McHenry does not. If your property is a corner lot or your fence is visible from the street, budget a property-line survey ($300–$600) and expect the permit to take 2–3 weeks for plan review, not same-day.
The second critical layer is easement and right-of-way conflict. McHenry has extensive railroad easements (Union Pacific, BNSF) and utility corridors (ComEd, Nicor Gas, AT&T) crisscrossing residential areas, particularly along Milwaukee Avenue, Route 120, and Route 31. If your fence is anywhere near a recorded easement, McHenry Building Department will require a letter from the easement holder (railroad or utility) stating they have no objection. This adds 4–8 weeks to the permit timeline. The code section here is implicit in the McHenry Municipal Code zoning provisions, but the rule is firm: no fence permit issues without easement sign-off. Many homeowners discover a 30-foot-wide utility easement running through their back yard only after the fence permit hits the Building Department and staff flags it. Check your property deed and McHenry's online GIS map before you pull a permit.
For masonry and retaining-wall fences — brick, stone, or concrete block over 4 feet — McHenry requires foundation/footing details and frost-depth documentation. McHenry sits in USDA hardiness zone 5A (north of Route 120) and 4A (south), with frost depth of 42 inches in the city proper and 36 inches in the southern extraterritorial jurisdiction. The IRC requires footings below frost depth to prevent heaving. Many homeowners think a fence footing is just '12 inches deep' — that will fail in a McHenry winter. Masonry fence permits demand a detail drawing signed by a licensed engineer or architect if the fence is over 4 feet, showing the footing depth, width, reinforcement, and backfill. This costs $300–$800 in design fees and delays the permit 3–4 weeks. Non-masonry fences (wood, vinyl, chain-link) under 6 feet can usually skip engineering, but the Building Department reserves the right to request details if the site has poor soil or the fence abuts a slope.
Pool barriers are a separate permit category and are always required, even for a small above-ground pool. Illinois pool code (adopted statewide, enforced locally by McHenry) mandates a 4-foot-minimum barrier with a self-closing, self-latching gate that opens away from the pool and has a minimum 1.5-inch-diameter opening to prevent handholds on the outside. A 4-foot chain-link pool fence is the most common solution and costs $2,500–$5,000 installed (not counting the permit). The permit itself is usually $75–$150 and is issued same-day or next-day with a basic site plan showing the pool location, fence location, and gate detail. Inspection is final-only; McHenry typically dispatches the inspector within 5–7 days. If the gate doesn't close properly or you drilled handholds into the fence, the inspection fails and you get a 10-day correction notice.
The McHenry Building Department accepts permit applications over the counter at City Hall (Monday–Friday, 8 AM–5 PM) and is moving toward an online portal, but as of 2024, many fence permits are still pulled in person with a sketch, property-line description, and a check. For a fence under 6 feet in a side or rear yard with no easement conflicts or corner-lot issues, expect a same-day or next-day green light and a permit fee of $50–$150 (often a flat fee, not per linear foot). For corner-lot or front-yard fences, plan 2–3 weeks and budget $150–$200. Once the permit is issued, you have 180 days to begin work. Inspection is final-only; call the Building Department to schedule once the fence is up. Inspections are typically same-day or next-day. If you fail inspection, you have 10 days to correct the issue and call for re-inspection.
Three McHenry fence (wood/vinyl/metal/chain-link) scenarios
McHenry's corner-lot sight-line rules and why they matter
McHenry's corner-lot sight-triangle rule is buried in the local zoning ordinance but is the single most-enforced fence restriction in the city. The rule exists because intersections in corner lots have limited visibility — a fence, shrub, or parked car can obstruct drivers' view of oncoming traffic or pedestrians, creating a collision hazard. The sight triangle is typically calculated as a 35–50-foot arc on each side of the intersection corner, depending on the speed limit and intersection type. A residential street with a 30 mph speed limit typically has a 35-foot triangle; a collector street (like Route 120 or Route 31) might have a 50-foot triangle. The McHenry Building Department uses a sight-line calculator or formula to determine the exact triangle for your lot based on street type and intersection geometry. Many homeowners think 'my fence is only 3 feet, surely that is fine' — it is not. Even a 3-foot fence is a violation if it intrudes into the sight triangle. McHenry code enforcement has ordered removal of 2-foot shrubs that violated the sight triangle. If you are on a corner lot, contact McHenry Building Department or visit the city's online GIS map (search 'McHenry GIS' or 'McHenry parcel viewer') to check your sight-line obligation before you design the fence.
The practical impact is that corner-lot fences require either a professional survey or a licensed surveyor's certified property-line sketch. This adds $300–$600 and 7–10 days to the project timeline. The surveyor will overlay the sight triangle on the property plan and show you exactly where the fence can and cannot go. Some corner lots have no front-yard fence permitted at all because the entire front is within the sight triangle. Others have a small 'pocket' of 10–15 feet where a low fence is permitted. Once you have the survey, pull a permit with that document; McHenry will review it in plan review and either issue the permit or deny it with specific reasons. If denied, you can redesign the fence (lower height, shifted location) and resubmit. Most corner-lot fences are resolved on the first or second submission.
The sight-line rule does not apply to vegetation (bushes, hedges, trees) in the same way it applies to fences. A hedge that grows over 3 feet is often a civil code-enforcement complaint, but it is not a permit violation. Hedges are enforceable under nuisance or sight-line statutes, not building code. A fence, however, is a structure and is treated as a permanent sight obstruction from day one. If you are on a corner lot and considering a fence, talk to McHenry Building Department before you hire a surveyor or contractor. A 10-minute phone call can save you $500 and months of frustration.
Easements, railroads, and utilities — why your fence permit stalls
McHenry has two railroad easements (Union Pacific along the western edge of the city and BNSF along the eastern edge) and multiple utility corridors (ComEd electric, Nicor Gas, AT&T fiber). These easements are recorded on the deed and are invisible to the naked eye, but they are 100% enforceable. If your fence is built on or within 5–10 feet of an easement, the railroad or utility company can demand removal and bill you for remediation ($2,000–$10,000). McHenry Building Department will not issue a fence permit if an easement conflict exists unless you obtain written clearance from the easement holder. This is not optional — it is a hard stop. I have seen fence permits rejected and then resubmitted 8 weeks later after Union Pacific sent a letter saying 'no objection; you may proceed.' Contact the railroad or utility as soon as you know there is an easement, request a letter of non-objection, and allow 2–4 weeks for turnaround. If you do not have an easement letter and you get a permit anyway, the railroad or utility has the legal right to force removal after the fact, and your homeowner's insurance will not cover it (it is a deed restriction, not an insurable loss).
The 811 service (Call 811 before you dig) is not the same as easement sign-off. Calling 811 will locate underground utilities (gas, electric, water, sewer, fiber) so you do not strike them with a shovel. That is critical and must be done before any digging. But 811 does not give permission to build within the easement — it just marks the location. If the 811 locate shows a ComEd line running through your property, you must contact ComEd separately and request written easement clearance. This is a separate process and takes weeks. Many fence contractors are unfamiliar with this and will tell you '811 cleared it, you are fine' — that is incorrect. You are responsible for obtaining easement sign-off before the fence goes in.
McHenry's GIS parcel viewer (available online through the City of McHenry website) shows recorded easements as overlays on aerial imagery. Use this to identify easement locations before you pull a permit. If an easement runs through your property, assume you will need easement clearance before the permit issues. Budget 3–4 weeks for the easement-clearance process and plan to resubmit the permit after you receive the letter.
333 S. Green Street, McHenry, IL 60050
Phone: (815) 363-2100 (main city line; ask for Building Department) | https://www.mchenryil.gov/ (check for online permit portal or eGov link under Permits)
Monday–Friday, 8:00 AM–5:00 PM (permit office closed weekends and city holidays)
Common questions
Do I need a permit to replace my existing fence with the same height and material?
Not always. If you are replacing an existing, legal fence with the same or similar height and material (e.g., an old 5-foot wood fence with a new 5-foot vinyl fence in the same location), McHenry may exempt this as a 'like-for-like replacement' and not require a permit. However, you must call McHenry Building Department first to confirm that the original fence was permitted or legal. If the original fence was unpermitted and you are now 'legalizing' it, you may need a retroactive permit ($50–$150). If you are changing height, material type significantly, or location, a new permit is required.
My HOA requires fence approval. Do I need city approval too?
Yes, both. HOA approval and city permit approval are separate processes. The city does not know what your HOA requires, and the HOA does not issue building permits. You must obtain HOA written approval FIRST (read your HOA CC&Rs for fence rules), and then determine if a city permit is required (based on height, location, material). If both are required, get both. Many homeowners get HOA approval and then discover a city permit was needed — that is a common and expensive mistake. Start by checking your HOA rules and your property deed for restrictions, then call McHenry Building Department to confirm city requirements.
What is the frost depth in McHenry, and does it matter for my fence?
McHenry sits in two frost zones: 42 inches in the northern part of the city (north of Route 120) and 36 inches in the southern part (extraterritorial jurisdiction). Frost depth matters because fence posts must be set below the frost line to prevent heaving in winter (the soil expands and contracts, pushing the post up). If you set a 6x6 wooden post 24 inches deep in McHenry, it will likely shift and lean by spring. Wood posts should be set 42 inches deep (north) or 36 inches deep (south); vinyl posts can be set in concrete footings 42 inches deep (north) or 36 inches deep (south). Most professional installers know this, but confirm your contractor's spec includes frost-depth details.
How much does a McHenry fence permit cost, and how long does it take?
A fence permit in McHenry typically costs $50–$200 depending on fence type and complexity. Non-masonry fences under 6 feet in rear or side yards (no easement or sight-line issues) often cost $50–$100 and are issued same-day or next-day (over-the-counter permit). Masonry fences or fences over 6 feet cost $150–$200 and take 2–3 weeks for plan review. Corner-lot or front-yard fences take 2–3 weeks due to sight-line review. If easement clearance is required, add 3–4 weeks for the utility or railroad to respond. Once the permit is issued, final inspection is typically same-day or next-day after you call.
Can I build the fence myself, or do I need a licensed contractor?
McHenry allows owner-builders to pull fence permits for their own property (owner-occupied residential only). You do not need a licensed contractor's signature on the permit application. However, you are responsible for building the fence to code and passing inspection. If you hire a contractor, make sure they are licensed as a fence contractor or general contractor in Illinois — unlicensed labor on a permitted project can result in permit revocation and the fence being ordered removed. Many contractors are not licensed, so confirm before you hire.
What if my fence fails inspection?
If your fence fails final inspection (e.g., gate is not self-closing, posts are not set to frost depth, materials do not match the permit), McHenry Building Department will issue a 10-day correction notice. You must fix the issue and call for a re-inspection within 10 days. If you do not correct it, the permit lapses and you may face a code-enforcement complaint. Most failures are simple (e.g., gate needs adjustment) and are corrected and re-inspected within 3–5 days.
My property is near a Union Pacific or BNSF railroad easement. Do I need clearance to build a fence?
Yes. If your property deed shows a railroad easement, you must obtain written clearance from the railroad before McHenry Building Department will issue a fence permit. Contact Union Pacific (1-800-650-2900) or BNSF (1-800-832-5452) to request a letter of non-objection. This typically takes 2–4 weeks. McHenry will not issue the permit without the letter.
Is a 4-foot chain-link pool fence permit-exempt?
No. Any fence for a pool (above-ground or in-ground) requires a permit regardless of height, because it is a 'pool barrier' under Illinois pool code. A 4-foot chain-link pool fence costs $75–$150 to permit and is usually issued same-day or next-day. Inspection is final-only. The permit ensures the gate is self-closing and self-latching and that there are no handholds on the outside of the fence.
Can my fence be taller if my neighbor agrees?
No. Fence height is regulated by the local zoning ordinance, not by neighbor agreement. Even if your neighbor signs a waiver, McHenry code rules and sight-line rules still apply. A fence that violates the code is still a violation, and code enforcement can still order it removed. If you want a taller fence, your only option is to request a variance from the McHenry Zoning Board of Appeals — a formal legal process that costs $500–$1,500 and takes 2–3 months, with no guarantee of approval.
What materials are allowed for fences in McHenry?
Wood, vinyl, metal (steel), and chain-link are all permitted in McHenry residential zones, subject to height and setback rules. Some HOAs restrict materials (e.g., 'no chain-link in front yards'), so check your CC&Rs first. Masonry (brick, stone, block) fences are permitted but require engineering for any height over 4 feet. Barbed wire and electric fencing are generally not permitted in residential zones. Confirm material choice with McHenry Building Department or your HOA before you order materials.