FENCE RULES – NEW ALBANY (CITY), INDIANA

OVERVIEW

This page applies to residential fence work within the municipal boundaries of the City of New Albany. The New Albany City Plan Commission also administers zoning in an unincorporated two-mile fringe outside the city, but that fringe is not part of this City publication unit.

New Albany uses a dedicated $35 fence permit and publishes an ordinary residential height framework of 4 feet in the required front yard and 6 feet in side and rear yards. Fences may be placed along lot lines, but they may not encroach into public rights-of-way or easements that prohibit fencing, and corner-lot and driveway sight areas remain protected. Opaque fences have a finished-side orientation rule, while residential chain-link is subject to separate placement and finish standards. Historic or conservation status, floodplain location, regulated drains, pool-barrier use, utilities, and private covenants can add another layer. Current local and state sources were verified in September 2026.

Quick question	New Albany answer
Permit or approval	New Albany publishes a dedicated $35 fence permit through the City Plan Commission. The application requires a property survey or site plan showing the proposed fence. The City does not publish a separate building-permit requirement for a standard residential fence; historic, floodplain, pool, regulated-drain, right-of-way, or other site-specific approvals can still apply.
Typical fence height	Required front yard: 4 ft. Side and rear yards: 6 ft. Height is measured from adjacent grade to the topmost point, and a supporting mound, berm, or masonry wall counts toward the total. Visibility rules can require a lower or more open condition near corners, driveways, and alleys.
Placement & property lines	Fences may be placed directly along lot lines. They may not encroach into a public right-of-way or an easement that prohibits fences, including applicable drainage or utility easements. The permit package requires a survey or site plan, and protected sight triangles apply at intersections, driveways, and alleys.
Common fence materials	Wood: not specifically addressed by an ordinary residential material rule. Vinyl/PVC: not specifically addressed. Chain-link: restricted; New Albany’s 2022 residential amendment established chain-link use subject to side/rear placement and specified coated or finished material standards. Historic or conservation review can add separate restrictions.
Important local conditions	Fence rules may be further affected by historic or conservation districts, corner-lot and driveway visibility, floodplain or floodway status, drainage or utility easements, regulated drains, pool-barrier use, state-highway rights-of-way, Indiana 811 excavation requirements, and private covenants or deed restrictions.
Official local resource	City of New Albany Fence Permit Application

The table above is for quick reference. Additional fence-rule details appear in the corresponding sections below. Before purchasing materials or beginning construction, read the sections that apply to your property, review the linked official sources, and confirm site-specific questions with the New Albany City Plan Commission or the responsible office identified for that issue.

GOVERNANCE

The New Albany City Plan Commission administers the City’s zoning system and the dedicated residential fence-permit process. Its planning jurisdiction also includes an unincorporated two-mile fringe, but this page is limited to property inside New Albany’s municipal boundaries. The Board of Zoning Appeals handles zoning relief within the City’s planning system, while the City Building Department administers general local building permits and inspections.

New Albany’s ordinary fence standards are based in the City’s zoning ordinance, especially the fence and visibility provisions, together with later zoning amendments and the current fence-permit materials. The City’s posted 2019 zoning ordinance is the base text; later adopted amendments changed the front-yard height standard and the treatment of residential chain-link fencing. The current fence permit and Planning FAQ administer the front-yard maximum as 4 feet rather than the earlier 42-inch figure in the base ordinance.

The Historic Preservation Commission administers Chapter 151 review for covered historic and conservation-district properties. Chapter 157 supplies a separate floodplain-development layer for property in a Special Flood Hazard Area, and the City’s stormwater rules can apply when a project reaches their land-disturbance threshold. County drainage authorities, INDOT, and Indiana 811 can also become relevant when a fence affects a regulated drain, state-highway right-of-way, or underground utilities. These are separate layers rather than substitutes for the City fence permit.

PERMIT AND APPROVAL REQUIREMENTS

City fence permit: New Albany publishes a dedicated residential fence application through the City Plan Commission. The current fee is $35. The application requires a property survey or site plan showing the proposed fence placement. The permit process is separate from private subdivision covenants and does not establish a legal boundary by itself.

Building-permit relationship: The City Building Department administers building permits generally, but New Albany does not publish a separate building-permit requirement for a standard residential fence. Indiana’s current residential code also does not create a statewide seven-foot fence permit exemption because Indiana deleted model IRC Section R105. The local fence permit and any special-condition approvals therefore have to be read on their own terms.

Historic-district primary areas: Under New Albany’s historic-preservation requirements, changing a wall or fence, or constructing a wall or fence along a public way, is a Certificate of Appropriateness activity within a historic district’s primary area. Preservation review can consider the fence’s material, texture, color, style, detailing, relationship to nearby features, and relationship to the street or public right-of-way.

Conservation districts: Chapter 151 uses a phased system. Its fence-specific second-phase provision addresses changes to, or construction of, walls and fences along public ways after the initial three-year conservation-district phase, subject to the chapter’s property-owner objection procedure. The DePauw Avenue Conservation District, established in February 2026, remains within its initial three-year phase as of this update, so later-phase fence review should not be treated as automatically applicable during the initial phase.

Floodplain property: Chapter 157 treats fences as potentially relevant obstructions within its floodplain framework. A floodplain development permit is required before development begins in a Special Flood Hazard Area. This is a mapped-site condition, not a citywide permit for every fence.

Stormwater / land disturbance: New Albany’s stormwater rules require a Stormwater Quality Management Plan for development or redevelopment disturbing one acre or more, including a smaller individual lot when it is part of a larger common plan of development or sale. Ordinary fence-post excavation is not automatically treated as meeting that threshold.

Pool barriers: A fence used as a private residential swimming-pool or spa barrier must also satisfy the Indiana Residential Code’s access-control requirements. One accepted fence/wall barrier method uses a barrier at least 4 feet high with qualifying gate or door controls. That pool-barrier dimension is a special-use rule, not New Albany’s general fence-height rule.

FENCE PLACEMENT RULES

The City’s zoning ordinance permits fences directly along lot lines. It does not create a separate citywide numerical setback from a side or rear property line for an ordinary residential fence. A lot-line location does not, however, authorize encroachment onto neighboring property.

Survey or site plan: The current fence application requires a property survey or site plan showing the proposed location. If a later property survey establishes that the permitted fence encroaches onto adjoining property without permission, the permit holder is responsible for relocating it. An assessor map, tax map, mowing line, hedge, curb, ditch, or existing fence should not be treated as proof of the legal boundary.

Public rights-of-way: A fence may not encroach into a public right-of-way. This restriction is separate from the private property line and can matter where the legal right-of-way extends beyond the visible pavement, curb, sidewalk, shoulder, or ditch.

Drainage and utility easements: A fence may not encroach into an easement that prohibits fence installation. The zoning ordinance expressly identifies drainage and utility easements as examples of easements that may restrict placement. The existence of an easement is not itself a universal fence setback; the recorded easement terms and applicable public requirements control the affected strip.

Corner lots, driveways, and alleys: Fence placement is also limited by New Albany’s vision-clearance rules. Within a protected sight triangle, a fence or other improvement may not obstruct the regulated sight area between 3 feet and 9 feet above the street, subject to the ordinance’s stated exceptions and approval provisions. The exact triangle dimensions are summarized in FENCE HEIGHT AND VISIBILITY RULES below.

Regulated drains: Indiana law gives county surveyors and drainage boards statutory rights-of-way for regulated drains. Depending on the drain and local determination, that corridor can extend up to 75 feet from the centerline of a tiled drain or the top of bank of an open drain, with statutory reductions and other qualifications. The 75-foot figure is not a universal New Albany fence setback. A fence line near a regulated drain should be checked against the actual Floyd County drainage corridor, and permanent structures within the statutory right-of-way require the drainage board’s written consent.

State highways and road edges: New Albany’s local right-of-way prohibition applies citywide. Where property fronts a state highway, INDOT encroachment and right-of-way requirements can add another site-specific layer. The visible pavement or ditch line should not be treated as proof of the state right-of-way boundary.

Indiana 811 before post-hole digging: Before covered excavation for fence-post holes, the homeowner or excavator must submit a locate notice through Indiana 811 at least two full working days before digging begins. A locate ticket is valid for 20 calendar days. Indiana law has a narrow owner-or-occupant exception for work on the person’s own property using only hand tools and not extending more than 12 inches below the surface; that exception should not be extended to powered augers, deeper excavation, contractor work, or easement work.

FENCE HEIGHT AND VISIBILITY RULES

Required front yard: The current New Albany fence permit and Planning FAQ use a maximum of 4 feet (48 inches) for an ordinary fence in the required front yard. This is the current administered standard following the City’s later zoning amendment and replaces the earlier 42-inch figure printed in the 2019 base zoning ordinance.

Side and rear yards: The ordinary residential maximum is 6 feet in side and rear yards.

How height is measured: The zoning ordinance measures fence height from the topmost point of the fence to adjacent grade. If a fence sits on a mound, berm, or masonry wall, that supporting feature is included in the total fence-height measurement rather than ignored.

Intersection sight triangles: New Albany protects a vertical sight area between 3 feet and 9 feet above the street. For intersections involving a Collector, Private, or Local Street, the ordinance uses a 15-foot sight-triangle dimension. For an Expressway or Arterial, it uses 30 feet. These dimensions are measured from the relevant intersection geometry established by the ordinance.

Driveways and alleys: The sight-triangle dimension is 5 feet at a driveway or alley. A fence that otherwise meets the 4-foot or 6-foot height limit can still be noncompliant if it obstructs the protected sight area.

Rounded street corners: Where a lot corner is rounded, the zoning ordinance uses the theoretical intersection of the right-of-way lines to establish the sight-triangle geometry rather than the curved pavement edge.

Tennis-court fencing: Qualifying open wire-mesh fencing associated with a tennis court may reach up to 16 feet under the zoning ordinance. This is a specialized recreational exception and is not an ordinary yard-fence maximum.

Agricultural-use fencing: The zoning ordinance states that fences for agricultural uses are not subject to the ordinary Section 6.7 height limitations. That exception applies only where the agricultural-use context is actually applicable and should not be imported into an ordinary residential city lot.

MATERIAL AND CONSTRUCTION LIMITS

Wood: New Albany’s ordinary residential fence provisions do not publish a material-specific rule that expressly classifies wood fencing as permitted or prohibited. Wood therefore should be treated as not specifically addressed by the ordinary material rule, while all applicable height, placement, visibility, preservation, pool, and private-restriction requirements still apply.

Vinyl/PVC: The ordinary residential fence provisions likewise do not specifically classify vinyl or PVC fencing as permitted or prohibited. Its status is not specifically addressed rather than affirmatively permitted by silence.

Chain-link: New Albany adopted a 2022 residential chain-link amendment. The official amendment record establishes a residential path for chain-link subject to development standards including side- and rear-yard placement and material that is anodized, painted, galvanized, or factory powder-coated. The amendment’s legislative history also treated preservation districts as a separate concern. Accordingly, the ordinary residential chain-link rule should not be read as overriding Chapter 151 or current district-specific preservation requirements. See the official 2022 chain-link amendment record.

Finished-side orientation: An opaque fence must face its finished side outward toward the lot line. The base zoning ordinance provides an exception for a lot-line fence when two or more property owners share the expense of the fence.

Barbed wire and razor wire: The zoning ordinance prohibits barbed wire and razor wire in all districts. This is an express material prohibition rather than a height or permit rule.

Maintenance: Fences must be maintained in good condition and operating order. Deterioration does not become permissible merely because the fence was lawful when installed.

Temporary safety or construction fencing: Temporary fences used for safety or construction purposes are exempt from the ordinary Section 6.7 fence standards. The exemption is limited to that temporary function and does not convert a permanent residential fence into an exempt installation.

Pool-barrier construction: When a fence functions as a private residential pool or spa barrier, Indiana’s residential-code barrier and gate requirements apply in addition to New Albany zoning. The pool-barrier rules are a separate construction standard and should not be used to redefine the City’s ordinary yard-fence material or height rules.

PRIVATE RESTRICTIONS

City approval does not eliminate private restrictions. HOA covenants, private subdivision restrictions, deed restrictions, architectural-review covenants, recorded easements, boundary agreements, agricultural or partition-fence agreements, and conservation easements can impose requirements that are different from or more restrictive than New Albany’s public zoning standards.

A City fence permit addresses the public requirements within the City’s authority; it does not determine ownership of a disputed strip of land, establish a legal boundary, or waive a private covenant. The zoning ordinance’s finished-side exception for a fence whose expense is shared by neighboring owners also does not by itself determine private cost-sharing, ownership, maintenance, or boundary rights.

Public drainage or utility easements and regulated-drain rights-of-way are different from private covenants. They should be evaluated under the public or recorded instrument that created them rather than treated as an HOA rule.

REVIEW AND ENFORCEMENT CONTEXT

Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:

• Fence-permit review: The City Plan Commission can review the submitted survey or site plan, proposed height, lot-line placement, rights-of-way, easements, visibility, and applicable construction standards through the fence-permit process.

• Height and visibility: A fence can be reviewed for the 4-foot front-yard maximum, 6-foot side/rear maximum, measurement from adjacent grade, and protected intersection, driveway, or alley sight areas.

• Encroachment: A permitted fence that is later shown by survey to encroach onto adjoining property without permission remains the permit holder’s responsibility to relocate. Public right-of-way and easement encroachments are separate compliance issues.

• Historic or conservation property: The Historic Preservation Commission can review covered fence or wall work when Chapter 151 or the applicable district phase requires a Certificate of Appropriateness or other preservation review.

• Floodplain property: A fence in a Special Flood Hazard Area can be reviewed through Chapter 157’s floodplain-development process where the work falls within the chapter’s development or obstruction provisions.

• Stormwater, drainage, and roads: Larger land-disturbance projects, regulated-drain corridors, drainage or utility easements, public rights-of-way, and state-highway conditions can trigger review by the public body responsible for that specific condition.

• Pool barriers: A fence serving as a pool or spa barrier can be reviewed for the separate Indiana Residential Code barrier, gate, and access-control requirements.

• Underground utilities: Indiana 811 excavation requirements apply separately from the City fence permit when covered post-hole digging or other excavation is involved.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within the City of New Albany. Updated September 2026.

In addition to local fence rules, certain Indiana laws apply statewide. See Statewide Fence Laws in Indiana.

It is not legal advice and does not replace official ordinances, permits, certificates, improvement-location approvals, development approvals, applicable building-code requirements, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, plan-commission jurisdiction, county zoning coverage, site conditions, subdivision/land-development status, easements, rights-of-way, floodplain or floodway status, stream conditions, stormwater or drainage requirements, regulated-drain conditions, road or highway conditions, INDOT jurisdiction, historic/design/special-district status, rural or agricultural context, livestock, lawful-fence or agricultural partition-fence context, live-fence or spite-fence conditions, local permit administration, pool-barrier use, Indiana 811 utility-excavation requirements, and private restrictions such as HOA covenants, deed restrictions, private agreements, recorded partition-fence agreements, or conservation easements. Before purchasing materials or beginning construction, confirm current requirements and site-specific limitations with the New Albany City Plan Commission and any applicable private agreements. If this page conflicts with official ordinances, published guidance, adopted district guidelines, or direction from the New Albany City Plan Commission, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.