1. Call JULIE before anyone digs
JULIE is the state's free one-call service for marking buried utility lines. Fence post holes count as digging under Illinois law, and JULIE's own homeowner page names fences as a project that needs a locate.
- Who calls: the person actually digging. If your fence company digs the holes, the company makes the call. If you dig them yourself, you call. JULIE FAQ
- When: at least 3 days before digging, and weekends and holidays do not count. Your ticket shows the date digging may start. JULIE for homeowners
- How: call 811 or (800) 892-0123, or file online any time. The service is free.
- How long it lasts: a normal locate is good for 25 days from the first request (220 ILCS 50/2).
- Mark the spot: outline where you will dig in white paint or flags (black if there is snow).
- What it does not cover: utilities do not mark lines you own yourself, such as sprinkler pipes or yard-light wiring.
2. The written contract rule
The Illinois Home Repair and Remodeling Act (815 ILCS 513) lists fences by name. For a fence job at a home with six or fewer units:
- Over $1,000, the company must give you a written contract or work order to sign before work starts. It must list the total cost with materials, any charge for the estimate, and the company's business name and address.
- The company must give you the state pamphlet "Home Repair: Know Your Consumer Rights". On jobs over $1,000 you sign a form saying you got it. The Attorney General posts it in English, Spanish and Polish.
- If you are 65 or older and signed at home with a salesperson who came uninvited, you can cancel within 15 full business days.
Source: 815 ILCS 513, Illinois General Assembly
3. Insurance and licenses
The same Act requires home repair companies to carry liability and property damage insurance, unless the company has a net worth of at least $1,000,000. The state does not require them to show you proof, so ask for a certificate of insurance before work starts.
Illinois does not license general contractors at the state level. The Attorney General says so directly, and notes that cities and villages may have their own requirements. We know of no state license for fence contractors. Some local governments do register them. Unincorporated Cook County, for example, requires hired fence contractors to be registered.
Sources: Illinois Attorney General, Cook County fence permit requirements
4. Permits are local
There is no statewide fence permit. Each city, village or county decides whether you need one, how tall a fence can be, and what the application needs. Many ask for a plat of survey with the fence drawn on it. Naperville and unincorporated Cook County both do.
There is also no statewide post depth. Unincorporated Cook County's fence sheet requires post holes 42 inches deep. Rockford and Chicago set 42 inches for building footings in their building codes. Ask your town what it requires.
We have looked up the rules for 20 cities: fence permit rules by city.
5. Pool fences
The state's swimming pool law does not cover a private home pool. Pool fence rules come from your city or county. Two examples: Rockford requires a 48-inch fence or barrier around all pools, and Naperville requires 48 inches with gates that open outward and close and latch on their own.
Sources: 210 ILCS 125, City of Rockford, City of Naperville
6. Neighbors and the Fence Act
Illinois has a Fence Act (765 ILCS 130), but it was written for farmland and livestock, and it settles disputes through township "fence viewers". The section that can make a neighbor share the cost does not apply inside city or village limits, or in counties of 1,000,000 people or more. We found no official guidance applying it to a fence between two suburban backyards, so do not count on a neighbor paying half.
Where exactly is the property line? One Illinois county puts it plainly: the only sure way is a licensed land surveyor. Counties do not settle line disputes between neighbors.
Sources: 765 ILCS 130, Whiteside County
7. Warning signs from the Attorney General
- Be wary of contractors who knock on your door offering work or "free" inspections.
- Never pay in cash or by Venmo or Zelle.
- Never pay in full until the work is done to your satisfaction.
- Get several written estimates, and do not be rushed.
- Never sign a contract with blank spaces.
- Ask for a sworn statement listing subcontractors before you pay, so nobody can put a lien on your home for an unpaid bill.
To report a problem, the Attorney General's consumer fraud hotlines are Chicago (800) 386-5438, Springfield (800) 243-0618 and Carbondale (800) 243-0607.
Source: Illinois Attorney General, home repair
This page explains what public sources say. It is not legal advice, and we are not a government agency. Rules change; check with your town before you build.