The Town of Newmarket's Fence By-law 2019-20 provides a framework for fencing, privacy screens and cost-sharing in our community. The by-law includes rules for permitted fence types, heights and setback provisions.
You do not need a permit to build a fence, unless you're a building a fence as a pool enclosure. See Swimming Pool Enclosures for more information on specific requirements.
On this page
Before you build
Before building a fence privacy screen or pool enclosure, please review the Fence By-law. If you have any questions or concerns, please contact the Town of Newmarket at 905-895-5193 or info@newmarket.ca. Remember to call before you dig to ensure it is safe to do so, by contacting the Ontario One Call to locate underground infrastructure at 1-800-400-2255.
Fence By-law 2019-20 [PDF/797KB] [PDF/797KB]
You should not install any landscaping or construct any structures which may alter the grading and/or drainage to your lot or neighbouring lots until the grading has been completed by the developer and certified by the consulting engineer. This is to ensure the builder can perform work to complete grading and finish works within the subdivision.
If you build a fence before the consulting engineer has approved the grading, your builder may ask you to remove the fence. And remember, always call before you dig to ensure the installation of a fence will not impact the underground infrastructure, by calling 1-800-400-2255.
If your fence is in violation of the Fence By-law, or the Town receives a complaint regarding your fence, you will be required to modify the fence and bring it into compliance with the Town of Newmarket's Fence By-law 2019-20, as amended.
Fence and privacy screen guidelines
Under the Fence By-law, a fence is a structure that outlines a yard or outdoor area, while a privacy screen is a visual barrier that shields part of a yard from nearby lots or highways.
The following fence types are allowed in Newmarket:
- Wood
- Fibreglass
- Plastic
- Metal
- Lattice
- Wire
- Chain link
- Masonry
The following materials are allowed for privacy screens:
- Pilings
- Lattice
- Rails
- Wire
- Chain link
- Masonry
Height and length restrictions
The height restrictions for fences depend on the location of the fence:
- Front yard fences may reach a maximum height of 1 m (3 ft)
- Side yard fences may reach a maximum height of 1.8 m (6 ft)
- Rear yard fences may reach a maximum height of 2 m (7 ft
Privacy screens have restrictions on both their height and length:
- Maximum height of 3 metres (9 ft, 10 in)
- Maximum section length of 9 m (29 ft, 6 in)
- Maximum total length of 12 m (39 fee4 in)
Set back provisions
Privacy screens must be placed at lease 4.5 m (14 ft, 9 in) from the front lot line and 1.2 m (29 ft, 6 in) from any site or rear lot lines.
For corner lots, or where there is a driveway adjacent to a fence, you cannot build a fence within a 5 m (16 ft) daylighting triangle. A daylighting triangle is either:
- Formed by measuring 5 m along the lot line and a driveway, at the intersection of the driveway and the lot line abutting the highway
- Formed by measuring 5 m along the lot lines from the intersection of any two highways or at the intersection of two parts of the same highway meeting at an angle of not more than 135 degrees
Cost sharing
The cost of a fence between two property owners should be shared, as both parties are legally considered joint owners of the fence.
The Fence By-law helps neighbours to determine how the cost of divisional fences should be shared. Neighbours should negotiate an agreement for the construction of a divisional fence. If an agreement cannot be reached, the neighbour requires a 14-day notice period before an owner can begin construction, repair or replacement of a divisional fence.
In advance of commencing construction, the owner wishing to proceed with building a fence must submit a Notice of Intent to the adjoining property owner, by registered mail, advising of the intent to construct/ maintain a division fence. The Notice of Intent must contain the following information:
- Three written quotes for actual cost of fence work
- Statement indicating that the maintenance or construction may commence 14 business days after the mailing of the notice and that the owner may seek contributory payment for the work
- Statement that the adjoining owner may seek three additional quotes for presentation to the owner no later than 10 business days from the date of mailing the Notice of Intent
- A complete copy of the by-law must be attached
For more information, consult By-law 2019-21:
Swimming pool enclosures
All pools require a pool enclosure, regardless of when they were built. A Pool Enclosure Permit is required before beginning construction. Learn more: