Hamilton fence by-law: when you need one and what to submit
The short answer
No permit unless the fence encloses a pool.
Last verified 2026-10-07 · City of Hamilton: Residential fences, City of Hamilton Fence By-law 10-142 (PDF)- City fee
- No permit fee for an ordinary project
- Where to apply
- City of Hamilton customer portal (my.hamilton.ca)
Up to 2 m (6 ft 6 in) under Fence By-law 10-142, but 0.9 m within 3.0 m of the front lot line and inside the 5.4 m corner and 2.7 m driveway sight triangles.
What an application usually includes
Hamilton’s checklist has the exact list; apply through City of Hamilton customer portal (my.hamilton.ca).
- Usually nothing: an ordinary fence that follows the by-law needs no permit
- For a variance: a site plan, the fence height and design, and notice to neighbours
- For a masonry fence or a pool enclosure: the City’s own permit
Local quirks
- Hamilton wants permits for jobs many cities skip: replacing deck or stair railings, damp-proofing foundation walls, sump pumps, and new drywall and insulation.
- The part of a pool fence between the house and the pool has to be see-through, so the pool can be seen from the house.
- Fake permit-fee invoices have been going around. Real City messages come only from @hamilton.ca addresses.
Design your Hamilton fence to the Building Code.
The design, drawings and code checks work in Hamilton today. Hamilton’s own forms aren’t built in yet, so you’ll fill those in on the City’s portal.