In Newmarket you don't need a permit to repair or replace an ordinary fence, but it must meet the Town's Fence By-law: 1 m in the front yard, 1.8 m at the side, 2 m at the rear, and nothing inside the 5 m corner and driveway triangle.
Older Newmarket lots, especially the established ones near the trail system, tend to carry fences that have been patched for years: a leaning section, a gate that drags, posts rotted at the base. The good news is that repairing them is mostly a matter of knowing three rules before you start. This guide draws on the Town of Newmarket's own Build a Fence page and Fence By-law 2019-20. If your lot backs directly onto the trail or Fairy Lake corridor, read our guide to deck and fence repair on trail-adjacent lots as well, because conservation and tree rules can apply there.
Start with the height limits, because a repair can trip them
The Town's page gives these maximum heights: 1 m (about 3 ft) in a front yard, 1.8 m (about 6 ft) in a side yard, and 2 m (about 7 ft) in a rear yard. Privacy screens are treated separately, with their own height, length and setback limits. A fence that was built under an older rule, or raised a little over the years, may not match today's numbers. The Town's rule is that a fence that breaches the by-law, or draws a complaint, has to be brought into compliance. So if you are replacing a whole section, build to the current limits instead of copying the old height.
If you truly need something the by-law doesn't allow, the owner or an authorized agent can apply for a Fence Variance. The Town's page links the application form but doesn't list a fee or timeline, so ask the Town before you plan around it.
No permit for a fence, but a pool is different
The Town states that a regular fence does not need a permit. That covers repairing a panel, resetting a post or replacing a gate. The exception is a fence used as a pool enclosure: all pools need an enclosure, and a Pool Enclosure Permit is required before construction begins. If your back fence or gate doubles as part of a pool enclosure, don't treat it as a casual repair. Contact the Town first.
The 5 m triangle at corners and driveways
On a corner lot, or where a driveway runs next to a fence, the Town doesn't allow a fence inside a 5 m (16 ft) daylighting triangle. It is measured 5 m along the lot line and the driveway, or 5 m along each lot line from the intersection of two streets. The point is sightlines for drivers and pedestrians. This matters most for gates: a driveway-side gate or a replacement panel near the street corner is exactly where an old fence may have been built before the rule, and a new one will be held to it.
A shared fence on the property line: notice first
Many established lots have a fence on the line between two properties. Where that fence is shared, neighbours should first try to agree on the work and the cost. If they can't, the Town's process is that the owner sends the adjoining owner a Notice of Intent by registered mail, with three written quotes for the actual cost of the work and a copy of the by-law attached. The neighbour may obtain three quotes of their own within 10 business days of mailing. The Town's page gives the waiting period before work starts as both 14 business days and 14 days in different places, so confirm which applies with the Town before you schedule anything. Costs between neighbours are also covered by the Town's Cost Division By-law 2019-21.
The Town also says it doesn't set property lines. If you aren't sure where the line is, you would need your own survey from a private firm before assuming a fence sits on it.
Before the first post hole
Call Ontario One Call at 1-800-400-2255 before you dig, even for a single gate post. Buried gas, hydro and communications lines often run close to lot lines. On a newer lot, the Town also asks owners not to build fences or landscaping that change lot grading until the developer's grading is complete and certified, and a builder may require an early fence to be removed. That is less likely on an established lot, but worth knowing if a neighbouring infill home is going up.
Repair or replace? A practical check
- Probe the posts at ground level. A screwdriver that sinks in easily means rot below grade, and re-hanging a gate on a rotten post won't hold.
- Check the gate for sag before the hinges. A dragging gate is often a post that has leaned, not a hardware fault.
- Count the failed sections. A few bad panels are a repair; most of a run failing at the same height usually points to the posts.
- Check the height and the corner triangle before you replace anything on the street side.
Quick answers
How tall can a fence be in Newmarket?
The Town's page lists 1 m (3 ft) in a front yard, 1.8 m (6 ft) in a side yard and 2 m (7 ft) in a rear yard. Privacy screens have their own limits, so check the by-law.
Do I need a permit to repair or replace a fence in Newmarket?
No, the Town says a regular fence does not need a permit, but it must still meet Fence By-law 2019-20. A fence used as a pool enclosure does need a Pool Enclosure Permit first.
Can I put a fence or gate right at the corner of my driveway?
Not within the Town's 5 m (16 ft) daylighting triangle. It applies on corner lots and where a driveway meets a fence, so a gate swing there is a problem too.
Who pays for a fence on the line between two Newmarket properties?
Neighbours generally share the cost of a shared fence. If you cannot agree, the Town's process starts with a Notice of Intent sent by registered mail, with three written quotes.
What should I check before digging fence post holes?
Call Ontario One Call at 1-800-400-2255 before you dig, so buried utility lines are located. Do it even for a small gate-post repair.
Know the rules, then repair
Most fence jobs on an established Newmarket lot are simple once the height, corner triangle and neighbour questions are settled. If you'd rather have a vetted craftsman do the repair, you can ask for a fixed price once you know what you need. For anything in the rules above, the Town's customer service line is 905-895-5193.
Related reading
- More home repair guides for Newmarket
- Fence repair from Rhodex: get a fixed price
- Deck and Fence Repair for Homes Backing the Nokiidaa Trail or Fairy Lake, Newmarket
- How Do Building Permits Actually Work in York Region?
- How Rhodex Vets a Craftsman Before They Reach Your Door
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