FENCE RULES – UNION (TOWNSHIP) – CLERMONT COUNTY, OHIO
OVERVIEW
Residential fences are permitted on private property within Union Township, subject to local regulations. This page applies to properties in the unincorporated areas of Union Township; incorporated municipalities within or near the township may regulate fences under their own ordinances.
Union Township fence rules appear primarily in the Union Township Zoning Resolution, including the accessory-use provisions for fences, the zoning-permit provisions, the visibility-at-intersections rule, private swimming pool standards, and Focus Area Overlay District provisions. Current permit administration also appears in the Union Township Fence Application, Planning & Zoning FAQs, Planning & Zoning Fee Schedule, and Service Department right-of-way materials.
This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.
Compiled From Union Township Zoning Resolution, Revised February 2026; Union Township Planning & Zoning Department materials; Union Township Permits & Forms; Permit – Fence Application 2026; Planning & Zoning FAQs; Planning & Zoning Fee Schedule effective January 2, 2026; R-1/R-2 Accessory Regulations; Union Township Service Department right-of-way materials; and Union Township right-of-way permit application materials as of June 2026.
GOVERNANCE
Union Township governs zoning through the Union Township Zoning Resolution, which applies to the unincorporated area of the township and divides that area into zoning districts.
The Union Township Planning & Zoning Department administers the Zoning Resolution, issues zoning permits and zoning certificates, and enforces the zoning code. The Zoning Director serves as zoning inspector for the township.
Union Township does not publish a separate standalone residential fence code. Fence requirements are distributed across the Zoning Resolution’s accessory-use rules, the current fence application, the Planning & Zoning FAQ guidance, the swimming-pool rules, visibility-at-intersections standards, Focus Area Overlay District provisions, and right-of-way excavation materials administered by the Union Township Service Department.
PERMIT AND APPROVAL REQUIREMENTS
• Zoning Permit / Zoning Certificate: A Union Township zoning permit / zoning certificate is required for new fences. The township FAQ states that new fences require zoning permits, including replacement fences of the same type in the same location.
• Fence Application: The current Fence Application lists Fence as an application type with a $45 fee. The application is submitted to the Union Township Planning Department and states that the applicant is applying for a zoning certificate from Union Township.
• Application Materials: The Fence Application requires two copies of a site plan, a completed application, and signed authorization from the property owner. Incomplete applications are rejected.
• Certificate Timing: The Fence Application states that a zoning certificate expires and is automatically revoked if construction is not begun within 1 year of issuance or completed within 2 years of issuance.
• Residential Code of Ohio Baseline: Under the Residential Code of Ohio building-code approval baseline, fences not over 6 feet high are exempt from building-code approval. That statewide building-code approval exemption does not remove Union Township’s separate zoning permit / zoning certificate requirement for fences.
• No Separate Published Building-Permit Threshold: Union Township does not publish a separate local building-permit threshold for ordinary residential fences in the official source materials reviewed for this page. The controlling local approval path for ordinary residential fences is the Union Township zoning permit / zoning certificate process.
• Focus Area Overlay Districts: If a property is located in a Focus Area Overlay District, Article 13 may add an overlay review path for zoning-certificate applications. The overlay provisions allow Focus Area standards to address fencing, landscaping, materials, and other development standards.
• Right-of-Way Excavation: A separate Union Township Service Department right-of-way permit is required before excavation within the township public right-of-way. This is separate from the fence zoning certificate.
• Pool Barrier Context: New or modified swimming pools require zoning permits. A fence used to control pool access is reviewed under the pool rules as well as the fence rules.
FENCE PLACEMENT RULES
• Front Yard: Fences are not permitted in the front yard.
• Street Right-of-Way: Fences may not be located within any street right-of-way. Where no street right-of-way is established, the Zoning Resolution uses an assumed minimum right-of-way of 50 feet, measured 25 feet on each side of the centerline of the existing pavement, but not less than 15 feet from the edge of pavement.
• Side and Rear Setbacks: The current Fence Application states that the minimum side/rear yard setback is 5 feet from the property line.
• Corner Lots: On corner lots, fences may project into the minimum street side yard, but they still may not be located within the street right-of-way or front yard.
• Site Plan Review: The Fence Application asks for the front-yard distance to the right-of-way and the rear, left-side, and right-side setback distances. The submitted site plan is part of the zoning-certificate review.
• Pool Barrier Placement: For private swimming pools, the pool or the property on which it is located must be fenced to prevent uncontrolled access by children from the street or adjacent properties. The pool fence must be at least 4 feet high and at least 4 feet from the edge of the pool, unless the above-ground pool fencing provision applies.
• Utility Safety: Ohio law requires notice through Ohio 811 / the protection service before excavation where Ohio’s underground utility protection law applies. For fence projects that involve digging, including fence post holes, notice must be given at least 2 working days, not including the day of notification, and not more than 16 calendar days before excavation begins. Working days exclude weekends and legal holidays. This statewide utility-notice requirement is separate from local fence permitting, zoning certificates, easement limits, right-of-way approvals, HOA restrictions, and other applicable requirements.
FENCE HEIGHT AND VISIBILITY RULES
The code does not specify a maximum height for ordinary residential fences.
The 6-foot Residential Code of Ohio figure is a building-code approval exemption threshold for residential work, not a Union Township maximum fence height and not an exception from the township zoning certificate process.
• Pool Fences: A fence used for a private swimming pool must be at least 4 feet high. For an above-ground pool, the combined height of the pool walls and fence must be at least 6 feet above grade.
• Visibility at Intersections: All intersections must comply with the sight-distance triangles required by the Ohio Department of Transportation. The township code does not publish separate local sight-triangle dimensions for ordinary residential fences.
• Front-Yard Visibility: Because fences are not permitted in the front yard, the front-yard prohibition operates separately from the ODOT sight-distance rule.
MATERIAL AND CONSTRUCTION LIMITS
The code does not specify permitted or prohibited materials for ordinary residential fences.
The standard residential fence section does not publish a required fence type, opacity level, finished-side orientation, or construction material for ordinary residential fences.
• Maintenance: The property owner is responsible for maintaining the fence in a safe manner and in good condition.
• Pool Gates and Access: Pool enclosures must include a gate with a lockable mechanism and must be secured to prevent uncontrolled entry from adjacent properties. For above-ground pools, all pool access points must have a lockable fence gate and removable or retractable ladders to prohibit access when the pool is not in use.
• Overlay District Conditions: In a Focus Area Overlay District, supplemental overlay standards may address fencing, landscaping, traditional building materials, or other development standards. Those standards depend on the parcel’s overlay location and the applicable zoning-certificate review.
PRIVATE RESTRICTIONS
Private restrictions operate independently from Union Township zoning. Subdivision covenants, HOA rules, deed restrictions, private easements, architectural-review covenants, recorded agreements, conservation easements, or private boundary agreements may be more restrictive than the township’s zoning rules.
Union Township’s issuance of a zoning certificate does not determine private property rights, private easement rights, HOA approval, or compliance with private covenants unless an official source expressly states otherwise.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Zoning Certificate Review: New fences and replacement fences are reviewed through the Union Township zoning permit / zoning certificate process.
• Application Completeness: The Fence Application requires a site plan, setback information, owner authorization, and the required fee.
• Front-Yard Placement: Fences located in the front yard conflict with the township’s published fence-placement rule.
• Right-of-Way Placement: Fences located within a street right-of-way conflict with the township’s fence-placement rule and may also involve Service Department right-of-way review if excavation is involved.
• Side and Rear Setbacks: The current Fence Application states a 5-foot minimum side/rear yard setback from the property line.
• Intersection Visibility: Fence placement near intersections is reviewed against ODOT sight-distance triangle requirements.
• Pool Barriers: Fences used for private swimming pools are reviewed for the 4-foot minimum fence height, the 4-foot pool-edge separation, lockable gate requirements, and the 6-foot combined wall/fence height rule for above-ground pools.
• Overlay Parcels: Parcels in a Focus Area Overlay District may require review under the Overlay District Plan process for zoning-certificate applications.
• Right-of-Way Excavation: Excavation in township public right-of-way requires a Union Township Service Department right-of-way permit before work begins.
• Complaint-Based Enforcement: Zoning complaints are filed with the Union Township Planning & Zoning Department, and the Zoning Director or a designated representative documents and investigates alleged zoning violations.
• Utility Safety: Fence projects involving excavation are subject to the Ohio 811 / protection-service notice requirement.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within Union Township, based on publicly available source materials reviewed as of June 2026.
In addition to local fence rules, certain Ohio laws apply statewide. See Statewide Fence Laws in Ohio.
It is not legal advice and does not replace official ordinances, permits, zoning certificates, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, floodplain status, stormwater or drainage requirements, road or highway encroachment, county-engineer requirements, historic district status, design-review status, rural or agricultural context, livestock or partition-fence context, railroad right-of-way context, pool-barrier use, utility safety requirements, and private restrictions such as HOA covenants, deed restrictions, private agreements, recorded partition-fence agreements, or conservation easements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Union Township Planning & Zoning Department and any applicable private agreements. If this page conflicts with official ordinances, zoning resolutions, published guidance, or direction from Union Township staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.