My Nepean corner fence was built before the rules, now what?

Your fence may be allowed to stay as it is, but the answer depends on exactly when it was built and what you do with it next.

The City of Ottawa Fence By-law No. 2003-462 came into effect on January 1, 2004. Section 23 says a fence lawfully built under an old municipality's fence by-law before that date may continue in use and be maintained. So if your fence was built before January 1, 2004, and it met the rules that applied in Nepean at the time, it can stay and be kept up under that protection. The key word in the by-law is "erect," and the by-law defines erecting to include altering, constructing, placing and relocating. Because of that, if you rebuild the fence, replace a significant portion, or change it in a way that could be read as altering it, By-law Services may treat the result as a new fence that must meet today's rules. Ask By-law Services directly before you do anything beyond routine maintenance.

Today's rules for a corner lot in Nepean are worth knowing, because if the fence ever does need to be rebuilt, these are the limits it would have to meet. In a front yard, the maximum height is 1 m. In a side or rear yard, the maximum is 213 cm (about 7 feet), measured from the grade at the base of the fence, or from the higher grade where the ground is uneven on the two sides. A berm does not raise the limit. On a corner lot, two separate triangle rules apply. The Fence By-law (s.4) says no fence over 75 cm within a triangle formed by measuring 3 m along each lot line from the corner, and no fence over 75 cm within a triangle formed by measuring 2 m along the lot line and the driveway where it meets the street. Separately, Ottawa's zoning by-laws (Zoning By-law 2008-250, s.57, and Zoning By-law 2026-50, s.216) say that on a residential corner lot, solid obstructions over 0.75 m are not permitted within a triangle measured 6 m along each street lot line from the corner. A see-through fence, such as chain link, is not considered an obstruction under the zoning rule, though any chain link on a residential property must still be vinyl or powder coated under the Fence By-law (s.18). On a corner lot with two overlapping triangle rules from two different sources, confirm the exact layout with the City before any work begins.

If you are thinking about repairs, a few other rules apply regardless of the fence's age. The by-law requires the fence to be stable, vertical, in good repair, and free from hazards (s.11, s.12). The finished side must face the street and neighbouring properties (s.15). No barbed wire or electric current is permitted (s.13).

Local fence installers listed in the Ottawa Construction Network directory receive the requests sent from this site's form.

Before you sign anything with an installer, ask them to confirm in writing exactly which portions of the fence they consider maintenance and which they consider alterations, so you know what triggers the need to meet today's by-law limits.