Permits & Bylaws

Permits and Bylaws

What Newmarket Homeowners Need to Know Before Installing a Fence

Installing a new fence can transform your Newmarket property by enhancing privacy, boosting curb appeal, and increasing security. However, before you start planning your dream fence, it’s essential to understand the local regulations that govern fence installation in the town of Newmarket.

While most standard residential fences don’t require permits, you must comply with:

• Height restrictions
• Setback requirements
• Material specifications outlined in By-law 2019-20
• Property line regulations
• Neighbor communication and agreement protocols

Following these rules will help you avoid costly mistakes, prevent disputes with neighbors, and ensure your fence project proceeds smoothly from start to finish.

Newmarket’s Fence By-law

The Town of Newmarket updated its Fence By-law in 2019 to modernize regulations and meet the changing needs of the community. By-law 2019-20 provides a clear regulatory framework covering:

• Fence types and materials
• Height restrictions
• Setback requirements
• Property line placement
• Special considerations for unique properties

Violating these regulations can result in fines or orders to modify or remove your fence.

Do You Need a Permit for Your Fence?

The good news for most Newmarket homeowners is that standard residential fence installations typically do not require a building permit. However, this doesn’t mean you can build whatever you want, wherever you want. There are important exceptions.

Swimming Pool Enclosure Permit Required If:

• Installing fencing around a pool or hot tub that can hold 0.6 metres (2 feet) or more of water
• Fence must meet specific safety requirements including minimum height standards, self-closing and self-latching gates, and strict spacing criteria
• Permit must be obtained before construction begins

Even if a permit isn’t required for your fence project, you must still ensure your fence complies with all applicable by-law regulations. Just because you don’t need permission doesn’t mean there aren’t rules to follow.

This Tall To Ride: Height Restrictions

One of the most important aspects of Newmarket’s Fence By-law involves height restrictions, which vary depending on where the fence is located on your property.

Front Yard Fences

Front yard restrictions are to prevent sightline obstruction for drivers and pedestrians.

• Maximum height: 1 metre (approximately 3.3 feet) above ground level
• Maintains visibility and ensures consistent streetscape appearance

Rear Yard and Interior Side Yard Fences

Previous restrictions didn’t meet community needs as homes are built closer together. The 2019 update increased these limits to provide more privacy for homeowners.

• Rear yard maximum height: 7 feet
• Interior side yard maximum height: 6 feet

Exterior Side Yard Fences

Located on corner lots where the yard faces a street but isn’t the front yard, exterior side yard fences are often more complicated than other fences.

• Special attention required for visibility requirements at intersections
• May have different requirements than other yard areas

Yard Definitions Defined

Before determining the appropriate fence height for your property, you have to understand how the Town of Newmarket defines different yard areas.

• Front Yard: Area between your home’s front wall and the front property line facing the street
• Interior Side Yard: Area along the side of your property adjacent to another property
• Exterior Side Yard: Area along the side of your property that faces a street
• Rear Yard: Area behind your home extending to the rear property line

For properties with unusual shapes or corner lots, these definitions can become complex. If you’re uncertain about how these definitions apply to your specific property, consult with the Town of Newmarket’s Building Services Department or work with an experienced fence contractor.

Surveying Property Lines

One of the most important aspects of fence installation is knowing exactly where your property lines are located. Building a fence on your neighbor’s property, even by a few inches, can lead to disputes, legal issues, and the costly need to relocate your fence.

Why Get a Property Survey:

• Definitively shows property boundaries
• Prevents accidental encroachment on neighbor’s land
• Protects you from costly legal disputes
• Especially important in older Newmarket neighborhoods where property lines may not be clearly marked
• Should have been provided at home purchase, but can be obtained from your purchase lawyer
• Licensed Ontario Land Surveyors (registered with the Association of Ontario Land Surveyors) can conduct new surveys

While this represents an additional upfront cost, it’s a worthwhile investment that can save you thousands of dollars in potential legal fees and fence relocation costs.

Building on the Property Line

If you want to build your fence directly on the property line, a type of fence specifically called a “division fence”, we recommend doing the following:

• Obtain your neighbor’s consent before proceeding. Both property owners share responsibility under Ontario’s Line Fences Act
• Discuss plans, confirm property line location, and reach agreement on design, materials, and cost-sharing
• Get any agreement in writing to prevent misunderstandings

Building Inside Your Property Line

If you choose to build your fence entirely on your side:

• The fence belongs solely to you
• You’re responsible for all costs and maintenance
• This helps avoid disputes with neighbors
• Be careful not to build too close to the line and accidentally encroach

Privacy Screens and Deck Regulations

Newmarket’s updated Fence By-law now includes provisions for privacy screens. Privacy screens attached to decks provide additional privacy for outdoor living spaces.

• Maximum height: 2 metres measured from the deck floor to the highest point
• Cannot have solid roof or walls (would classify as a house addition)
• Applies regardless of whether your deck is elevated or at ground level

Materials and Design

While Newmarket’s Fence By-law doesn’t extensively regulate specific materials or aesthetic design, there are important restrictions:

Prohibited Materials:

• Barbed wire or other sharp projections (safety hazard)
• Electric fences (not permitted in residential zones)
• Temporary fencing materials like chicken wire (not suitable for permanent installations)
• Discarded or scrap materials

Recommended Materials:

• Pressure-treated wood
• Vinyl
• Cedar
• Composite materials
• Chain-link
• Ornamental aluminum

Choose materials that will hold up to Newmarket’s variable weather conditions, including freeze-thaw cycles, strong winds, and heavy snow loads.

When Standard Rules Don’t Work

Sometimes your property’s unique characteristics mean that a standard fence complying with the by-law won’t work. In such cases, you can apply for a variance through the Town of Newmarket.

A variance allows you to:

• Exceed the maximum allowable fence height
• Deviate from other by-law requirements under certain circumstances
• Requires a detailed application with fee

Your variance application should include:

• A detailed site plan showing property boundaries, existing structures, and proposed fence location
• The specific variance you’re requesting and why it’s necessary
• Information about how your fence will impact neighboring properties
• Any supporting documentation that strengthens your case

Keep in mind that variance applications involve additional time and expense, so explore whether you can achieve your goals within the standard by-law requirements first.

Special Requirements For Pool Enclosures

If you’re installing a pool or hot tub on your Newmarket property, you must comply with strict enclosure requirements designed to prevent accidental drownings.

Requirements for Pool Enclosures:

• Required if pool or hot tub can hold 0.6 metres (2 feet) or more of water
• Minimum height standards must be met
• Self-closing, self-latching gates that open away from the pool
• Materials must prevent climbing
• Appropriate spacing between pickets or mesh openings (small enough that children cannot squeeze through)
• Located at least 1.2 metres from any property line
• Swimming Pool Enclosure Permit must be obtained before construction

Non-Compliance Consequences:

• Fines up to $5,000
• Cannot fill pool with water until enclosure is inspected and approved

Division Fences And Your Neighbor

Ontario’s Line Fences Act provides a framework for dealing with division fences. Key points:

• If building a fence on the property line, both you and your neighbor typically share costs equally
• Both parties must benefit from the fence
• Discuss your plans, share cost estimates, and work together on design choices
• If disagreement occurs, the Line Fences Act provides a dispute resolution procedure involving fence-viewers

The best approach is open, honest communication from the beginning. After all, you can’t force your neighbor to contribute without their agreement. Resolving issues amicably is always better than pursuing formal dispute resolution procedures.

Contacting Contractors

Navigating Newmarket’s fence regulations can seem overwhelming. Working with an experienced, local fence contractor who understands Newmarket’s by-laws can save you time, money, and headaches.

A professional contractor will:

• Help you understand how by-laws apply to your specific property
• Ensure your fence design complies with all height and setback requirements
• Advise you on the best materials for your needs and budget
• Obtain any necessary permits on your behalf
• Build your fence to professional standards that will last for years

At A.D. Holmes Fence & Deck, we’ve been serving Newmarket, Aurora, Whitby, Markham, and surrounding areas since 1999. Our team has extensive experience working within local regulations and building high-quality fences that meet or surpass industry standards while complying with all applicable by-laws.

In Conclusion

Taking the time to research your property lines, communicate with neighbors, and understand local regulations will help ensure your fence project proceeds smoothly. When in doubt, consult with the Town of Newmarket’s Building Services Department or work with an experienced local fence contractor.

A well-planned fence installation that follows all applicable rules will enhance your property’s value, provide privacy and security for your family, and contribute to the overall character of your Newmarket neighborhood.

Ready to start planning your fence project? Contact A.D. Holmes Fence & Deck today for a free, no-obligation estimate. Our experienced team will help you design and build a beautiful, compliant fence that perfectly suits your Newmarket property.