This is the exact embedded text of the captured official document.
Snapshot 1626a3a979e3 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
BY-LAW NO. 2002-0060
Office Consolidation
BEING A BY-LAW to regulate the erection of Fences
within the Town of Halton Hills
WHEREAS the Council of a municipality may pass a By-law to regulate the
erection of Fences by virtue of the provisions of Section 210 of the Municipal Act,
c. M. 45, R.S.O. 1990, as amended;
AND WHEREAS the Council of a municipality may pass a By-law to prescribe
standards for the maintenance and occupancy of Property within the municipality
and to require Property that does not conform with the standards to be repaired
and maintained to conform with the standards or the site to be cleared of all
buildings, structures, debris or refuse and left in graded and level condition by
virtue of the Section 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23;
AND WHEREAS Council of the Corporation of the Town of Halton Hills has
enacted By-law No. 85-147, as amended, pursuant to the authority contained in
Section 15.1 of the Building Code Act, S.O. 1992, c. 23;
AND WHEREAS By-law No. 85-147 is hereby further amended as specifically set
out herein;
AND WHEREAS it is deemed advisable to regulate Fences within the corporate
limits of the Town of Halton Hills;
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN
OF HALTON HILLS ENACTS AS FOLLOWS:
1.
Definitions
In this by-law,
"Actual Cost" means the total cost of the construction,
reconstruction, maintenance or repair of a division fence, and
includes the value of the material used and the value of the labour
performed to complete the work.
"Adjoining Owner" means the person(s) who owns land adjoining
the land on which another land owner desires to build a division
fence;
"Agricultural Zone" means any area designated as an agricultural
zone under the provisions of any restricted area by-law in force in the
Town of Halton Hills and any Lot where the predominant use is for
agricultural purposes.
"Animal" means cattle, goat, horse, sheep or swine and without
limiting the generality of the foregoing shall mean any domesticated
animal but does not include a dog or cat.
"Basic Cost" means the cost of constructing, reconstructing or
repairing a division fence for an amount of money not exceeding
the cost of constructing, reconstructing or repairing a 1.2 metre (4
foot) high fence with the following specifications:
(a) 4cm (1 ½ inch) diamond mesh;
(b) Constructed of 14-gauge steel wire covered in vinyl,
forming a total thickness equivalent to No. 12-gauge
galvanized wire;
Amended by By-
law 2026-0031
Amended by By-
law 2026-0031
Amended by By-
law 2026-0031
2
(c) Be supported by 4cm (1 ½ inch) diameter galvanized
steel posts encased in 5cm (2 inches) of concrete from
grade to a minimum of 0.6 metre (2 feet) below grade, such
posts to be spaced 3 metres (10 feet) apart;
"Business Day" means a day from Monday to Friday, other than a
holiday as defined in section 87 of the Legislation Act, 2006, S.O.
2006, c. 21, Schedule F.
"Commercial Zone" means any area designated as a commercial
zone under the provisions of any restricted area by-law in force in the
Town of Halton Hills and any Lot where the predominant use is for
commercial purposes.
"Committee" means the Community Affairs Committee appointed
pursuant to Section 11 of this By-law.
"Corner Lot" means a Lot situated at the intersection of two or more
streets having an angle of intersection of not more than one hundred
and thirty-five degrees (135º).
"Council" means the Council for the Corporation of the Town of
Halton Hills.
"Division Fence" means a fence marking the boundary between
adjoining parcels of land and located on the actual property line.
"Effective Ground Level" means the existing ground level upon which
the Fence is erected on or to be erected upon.
"Electrical Fence" means a Fence through which electricity passes.
"Fence" includes a railing, wall, line of posts, wire, gate, boards,
pickets, Privacy Screens or other similar substances, used to enclose
or divide in whole or in part a Yard or other land or to provide privacy.
"Front Lot Line" means a line that divides a Lot from the street,
provided that in the case of either a Through Lot or a Corner Lot, the
line dividing the Lot from the street upon which the property is
addressed shall be deemed to be the Front Lot Line.
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct, or trestle, any part
of which is intended for or used by the general public for the passage
of vehicles and includes the area between the lateral Property lines
thereof and Highway and street shall have corresponding meanings.
"Industrial Zone" means any area designated as an Industrial zone
under the provisions of any restricted area by-law in force in the Town
of Halton Hills and any Lot where the predominant use is for industrial
purposes.
"Lot" means any parcel of land which can be separated or otherwise
disposed of separately and apart from any abutting lands, whether or
not such parcel is described in a registered deed or shown on a
registered plan of subdivision.
"Officer" is an employee of the Town of Halton Hills appointed as a
Municipal Law Enforcement Officer and shall include a Property
Standards Officer.
"Open Type Construction Fence" means a Fence constructed so that
at least one third of its vertical surface area is open space, enabling
motorists and pedestrians to have a clear view through such Fence.
Amended by By-
law 2026-0031
Amended by By-
law 2026-0031
3
"Owner" includes,
a)
the person for the time being managing or receiving the rent of
land or premises in connection with which the word is used,
whether on the person's own account or as agent or trustee of
any other person, or who would receive the rent if the land and
premises were let, and
b)
a lessee or occupant of the Property who, under the terms of a
lease, is required to Repair and maintain the Property in
accordance with the standards for the maintenance and
occupancy of Property.
"Privacy Screen" means a visual barrier used to shield any part of a
Yard from view from any adjacent Lot or Highway.
"Property" means a building or structure or part of a building or
structure, and includes the lands and premises appurtenant thereto
and all mobile homes, mobile buildings, mobile structures,
outbuildings, Fences and erections thereon whether heretofore or
hereafter erected, and includes vacant Property.
"Quote" means a written estimate of the total basic cost of the
construction, replacement or repair of a division fence.
"Repair" includes the provision of facilities, the making of additions or
alterations or the taking of any other action that may be required to
ensure that a Property conforms with the standards established in
this by-law.
"Residential Zone" means any area designated as a residential zone
under the provisions of any restricted area by-law in force in the Town
of Halton Hills and any Lot where the predominant use is for
residential purposes.
"Sight Triangle" means:
a) that portion of a Corner Lot within the triangular space formed by
the Street Lines and a straight line drawn from a point in one
Street Line to a point in the other Street Line, each such point
being:
Local to Local Highways
(i)
4.5 metres (14.7 feet) measured along each Street Line
from the point of intersection of the Street Lines;
Local/Collector to Collector Highways
(ii)
7 metres (22.9 feet) measured along each Street Line
from the point of intersection of the Street Lines;
Local/Collector to Regional/MTO Highways
(iii)
12 metres (39.3 feet) measured along each Street Line
from the point of intersection of the Street Lines; or
b) such other Sight Triangle set out;
(iv)
in the relevant sections of the Town of Halton Hills
Zoning By-laws, as amended, or
(v)
in a site plan agreement, for a particular Lot.
"Street Line" means the boundary between a Highway and private
land which separates private land from an abutting Highway.
Amended by By-
law 2026-0031
4
"Through Lot" means a Lot other than a Corner Lot having two
separate Lot lines on two streets.
"Town" means the Corporation of the Town of Halton Hills.
"Wire" does not include a chain link Fence or a Fence that is
manufactured for that purpose.
"Yard" means any open, uncovered unoccupied space appurtenant to
a building, and
a) "Front Yard" means a Yard extending across the full width of a
Lot, and lying between the Front Lot Line of the Lot and that part
nearest to the Front Lot Line of any building or structure on that
Lot;
b) "Interior Side Yard" means a Side Yard other than an Exterior
Side Yard, which Side Yard extends from the Front Yard to the
Rear Yard, between the side Lot line and the main wall nearest
to the Interior Side Yard Lot line of the main building or structure
on that Lot;
c) "Exterior Side Yard" means the Side Yard of a Corner Lot, which
Side Yard extends from the Front Yard to the Rear Yard between
the side Street Line and the main wall nearest to the exterior
Side Yard Lot line of the main building or structure on that
Corner Lot;
d) "Rear Yard" means a Yard extending across the full width of a Lot
between the rear Lot line of that Lot and the main wall nearest to
the Rear Yard Lot line of the main building or structure on that
Lot;
e) "Side Yard" means a Yard extending from the Front Yard to the
Rear Yard between the side Lot line and the main wall nearest
to the side Lot line of the main building or structure on that Lot.
Attached as Schedule "A" is a diagram outlining the location of the
various Yards for reference purposes only and shall not form part of
this by-law.
2.
Applicability
(1)
This By-law applies to all Fences and Privacy Screens erected in the
Town of Halton Hills, except as otherwise provided by this By-law.
(2)
A Fence erected in accordance with a permit issued under the
Swimming Pool Fence By-law prior to the date of passing of this By-
law is deemed to be in conformity with the By-law.
(3)
In the event of any conflict between the provisions of this by-law and
any provisions of the Town's zoning by-laws, salvage yard licensing
by-law, swimming pool fence by-law and the parks by-law, or any
other by-law, relating to fencing, the provisions of those by-laws shall
prevail over the provisions of this by-law.
(4)
The provisions of Sections 4 and 5 of this by-law do not apply to
fencing provisions contained in a Site Plan Agreement, Subdivision
Agreement or any other development related agreement executed by
the Town, or to a Fence that is constructed for the purpose of
continuing a Fence that is authorized under a subdivision agreement
(5)
From and after the date of enactment of this By-law, the provisions
of the Line Fences Act, except for section 20 of the Act, shall no
longer apply in the municipality.
3.
Authority
(1)
The Enforcement Division of the Town shall be responsible for the
administration and enforcement of this By-law.
Amended
by By-law
2026-
0031
Amended by By-
law 2026-0031
Amended by By-
law 2026-0031
5
4.
General Fence Provisions
(1)
No person shall, in any Yard or Lot erect, cause to be erected or
maintain or permit a Fence that is greater than 2.74 metres (9 feet)
above Effective Ground Level.
(2)
No person shall, in a Residential Zone within any Interior Side Yard,
Exterior Side Yard or Rear Yard erect, cause to be erected or
maintain or permit a Fence exceeding 2.13 metres (7 feet) in height.
(3)
No person shall, in a Residential Zone within a Front Yard erect,
cause to be erected or maintain or permit a Fence exceeding 0.9
metres (3 feet) in height .
(4)
No Fence, in a Residential Zone, when measured at any point along
its length from the highest grade within one metre on either side of
the Fence shall exceed 0.9 metres (3 feet) in a Front Yard or 2.13
metres (7 feet) in a Rear Yard or Side Yard.
(5)
Notwithstanding Section 1 (10) of this by-law, on a Corner Lot where
a driveway is not located within the same Yard as the street address
of the Property, the line dividing the Lot from the street upon which
the driveway is located shall be deemed to be the Front Lot Line.
(6)
The provisions of this by-law do not apply to a Fence erected upon,
or abutting, land which is used for industrial purposes, for a railway
right-of-way, or for hydro, telephone or utility installations, or for public
works installations which are hazardous to the public, or to municipal
recreational facilities.
(7)
The provisions of this by-law do not apply to a person who erects or
causes to be erected a privately owned outdoor tennis court, provided
the Fence is of chain link construction.
(8)
No person shall erect or cause to be erected a Fence constructed
with plywood or scrap metal.
Amended by
By-law 2005-0079
July 11, 2005
Amended by
By-law 2005-0079
July 11, 2005
(9)
Notwithstanding Section 4(2), no person shall in any Yard or Lot
erect, cause to be erected, or maintain or permit a Fence that
obstructs the view of a motorist or is determined to be a safety hazard
under any other legislation or by-law.
(10)
Notwithstanding any of the provisions set out in this by-law, no
person shall erect, cause or permit to be erected or maintain a fence
that obscures clear visibility of normal approaching pedestrian or
vehicular traffic.
(11)
Where a rear yard of one property abuts the front yard of an adjoining
property and the safety of passing pedestrians and vehicular traffic
may be affected from any vehicular movement by the presence of a
solid type rear yard fence, then that portion of the fence erected
within 4.5 metres of the nearest street line shall be an open type
construction fence.
5.
Fences within Sight Triangles
(1)
No person shall erect, cause or permit to be erected or maintain a
Fence within a Sight Triangle greater than a height of 0.9 metres (3
feet).
6.
Open Type Construction Fences
Notwithstanding the provisions of sections 4 and 5, no person shall erect,
cause or permit to be erected or maintain an Open Type Construction Fence
higher than metres 1.71 metres (5 feet 6 inches) in a Sight Triangle or a
Front Yard.
6
7.
Maintenance
(1)
Every person who owns a Fence shall maintain such Fence in a good
state of Repair:
a)
by the Fence being complete, standing in a vertical position
and securely anchored;
b)
with no components of the Fence broken, rusted, rotted or in a
hazardous condition;
c)
and free from graffiti
8.
Fences with Barbed Wire or Other Hazardous Material
(1)
No person shall erect, cause or permit to be erected or maintain
along any Highway adjacent to a Residential Zone, a Fence which
contains, or is constructed of any hazardous material.
(2)
No person shall erect, cause or permit to be erected or maintain in a
Residential Zone a Fence which contains, or is constructed of barbed
wire, chicken wire, Wire or cable.
(3)
Notwithstanding Section 8(2) nothing shall prevent the construction of
farm Fences or barbed wire Fences in an Agricultural Zone.
(4)
Notwithstanding Section 8(2) nothing shall prevent the construction of
a barbed wire Fence in an Industrial or Commercial Zone.
(5)
No person shall erect or cause to be erected a barbed wire Fence
except in accordance with this by-law and provided that the barbed
wire is used on the top of and to the inside of the Fence and inclined
toward the enclosed area of an agricultural, industrial or commercial
Property.
9.
Electrical Fences
(1)
Except as provided in this by-law, no person shall erect or cause to
be erected, an Electrical Fence on any land.
(2)
An Electrical Fence using direct current may be erected on land while
it is being lawfully used for agricultural purposes, provided such
Fence;
a)
has a maximum 12 volt trickle charge;
b)
is designed and erected solely to contain Animals, and
c)
has attached thereto at approximately 15 metre intervals, a
sign warning that the Fence carries electricity.
10.
Amendment of By-law 85-147
11.
Division Fences - Notice of Intent
(1)
An Owner of land may construct, replace or repair a division line fence.
(2)
Where owners of adjoining lands agree or have reached an agreement about
the construction, repair or replacement of a division fence, each shall be
responsible to either:
a) Construct, repair, or replace, as applicable, their agreed-upon portion of
the division fence; or
b) Assume their agreed-upon portion of the cost of any work required for the
construction, replacement, or repair of the division fence
Amended by
By-law 2004-
0060 May 31,
2004
Amended
by By-law
2026-0031
7
(3)
Where owners of adjoining lands cannot agree and have not reached an
agreement in accordance with subsection 3(2), an owner seeking to
construct, replace or repair a division fence may do so subject to complying
with the following conditions:
a) the owner must serve a notice of intent on the adjoining owner, in writing
by registered mail or by personal delivery, to advise that they intend to
construct, replace or repair a division fence, and such notice shall contain,
at a minimum, the following information:
(i)
whether the owner intends to construct, replace or repair a
division fence;
(ii)
copies of at least three (3) quotes for the fencing work to be
undertaken;
(iii)
a paragraph stating that the construction, repair or replacement
of the division fence will commence after fourteen (14) business
days of the mailing or personal delivery ailing or personal
delivery of the notice of intent and the owner may seek payment
of a contribution for the basic cost of the division fence from the
adjoining owner in accordance with this by-law;
(iv)
a paragraph stating that the adjoining owner may obtain up to
three (3) additional quotes, to be presented to the owner by
registered mail or by the personal delivery, not later than ten
(10) business days from the date on the notice; and
(v)
a complete copy of this By-law.
12.
Division Fence Cost Responsibilities
1) The cost of constructing, replacing or repairing a division fence shall be paid as
follows:
a) the adjoining owner shall pay fifty percent (50%) of the basic cost; and
b) the owner shall pay the balance of the cost to construct, replace or repair
the division fence.
2) Any division fence constructed, replaced or repairs within an area designated as
a heritage conservation district pursuant to Part V of the Ontario Heritage Act,
R.S.O. 1990, O.18 is subject to all requirements for obtaining a permit pursuant
to such legislation.
13.
Repairs
1) Where an existing fence is damaged by an owner or a person permitted on their
property, such owner shall be entirely responsible for the cost of the repairs to
the division fence.
2) Subject to subsection 5(1), the cost of repairing a division fence shall be borne
equally by the owner and the adjoining owner if the damage necessitating the
repair was caused by a natural disaster.
3) Where a tree causes damage to a division fence, the owner of the land on which
the tree is or was located shall be responsible for the cost of the repairs to the
division fence and the cost of removing the tree, or part thereof.
14.
Variance Application and Hearing Process
1) Council may, by resolution upon receipt of a written application, grant an
variance from the provisions of Section 4, and the variance may be subject to
terms and conditions as Council deems advisable. Council may also grant a
variance of lesser effect than applied for or refuse to grant a variance.
2) A completed application for a variance under Section 14 shall be filed with
Enforcement Services on an application in the form prescribed by staff and shall
include which section(s) of the Fence By-law the applicant is seeking relief from.
3) No less than ten (10) days before the day of the hearing of the application for a
fence variance, notification must be sent to owners of neighbouring properties
who may be impacted by the variance by way of delivery of a written notice; by
personal service or prepaid first class mail
4) Service by prepaid first class mail shall be deemed to be effective on the fifth
(5th) day after the notification is mailed.
5) Enforcement Services shall investigate the feasibility of the location with respect
to the adjacent neighbouring properties, and prepare a report to Council, which
report shall contain the Official's opinion on the merits of the application and
Amended
by By-law
2026-0031
Amended
by By-law
2026-0031
Amended
by By-law
2026-0031
8
recommendations as to terms and conditions, if any.
6) In deciding whether to grant the exemption, Council shall consider the
application, the report from Enforcement staff, and any written submissions then
received by Council, and shall give the applicant and any Person opposed to the
application an opportunity to be heard and may consider such other matters as it
sees fit.
7) A breach by the applicant of any of the terms or conditions imposed by Council in
granting a variance shall immediately render the variance null and void.
15.
Enforcement and Penalty
1) Any person who contravenes any of the provisions of this by-law is
guilty of an offence and upon conviction is liable to a fine as provided for
in the Provincial Offences Act, R. S. O. 1990, c. P. 33.
2) AMPS By-law - Non-Parking being By-law Number 2025-0008, as
amended, applies to this By-law. Every Person who contravenes a
provision of this By-law designated in Schedule H of By-law Number
2025-0008, as amended, shall upon the issuing of a penalty notice be
and is liable to pay to the Town an administrative penalty in the amount
set out in By-law Number 2025-0008, as amended.
3) No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer who is exercising a power or performing a duty under this By-
law.
16.
Severability
1) When a court of competent jurisdiction declares any section or part of a
section of this by-law invalid, the remainder of this by-law shall
continue in force unless the court makes an order to the contrary.
17.
By-law Repealed
By-law Number 1987-0104 is hereby repealed.
BY-LAW given first and second reading on the 27th day of May, 2002.
Originally Signed By:
MAYOR - Kathy Gastle
Originally Signed By:
CLERK - Karen Landry
BY-LAW given third and final reading on the 10th day of June, 2002.
Originally Signed By:
MAYOR - Kathy Gastle
Originally Signed By:
CLERK - Karen Landry
Amended
by By-law
2026-0031
Amended by
By-law 2025-
0008
Amended by
By-law 2025-
0008
Amended by
By-law 2025-
0008
Amended
by By-law
2026-0031