Fence encroachments in public highways are regulated under Article IV of Chapter 743 of the Toronto Municipal Code.

Fences and retaining walls less than 0.90m in height, measured from the travelled surface of the adjoining road, are allowed without the need for an encroachment agreement provided that:

• the property owner locates the fence at least 0.50m from the back edge of curb or the back edge or the sidewalk.

Streets without curbs

For streets without curbs, the fence must be located at least 3.0m from the travelled surface of the adjoining road.

Street work permit

A street work permit is required to construct the fence, but this permit will be issued free of charge after a Bylaw Officer confirms that the proposed installation complies with the aforementioned requirements. Contact your District office to book an appointment for a site inspection.

A fence located within a boulevard can be built to a height of 1.2m for that portion of the fence fronting a property, and 1.8m for any fence located in property's flankage, provided that:

• No solid screen fence, privacy fence, railing, bollard, arbour, pergola, ornamental or retaining wall located within 70m of the intersection of two or more public highways shall exceed a height of 1.0m, measured from the travelled surface of the intersecting road;
• No solid screen fence, privacy fence, railing, bollard, arbour, pergola, ornamental or retaining wall located within three metres of a driveway that is next to a sidewalk, or the travelled surface of any road without curbs, shall exceed a height of 1.0m, measured from the grade of the adjoining driveway.
• Footings shall not exceed a depth of 1.2m

Fences between 1.2m and 1.8m in height are delegated to staff to approve, and require that the property owner pay for an encroachment agreement as well as any associated permits.

Fences that do not comply with these criteria are prohibited.
 

Related Information:

• Permit application