Fernie fence rules: permits and height limits
Do I need a permit to build a fence, and how high can it be?
Short answer
No building permit is needed for a fence in the City of Fernie. Under the Zoning Bylaw a fence may be up to 1.0 m (3.3 ft) high in a front yard and 2.0 m (6.6 ft) in a required side or rear yard, and it must not block sightlines at corners.
Key facts
| Permit | No building permit is needed for a fence. Retaining walls 1.2 m or higher do need a building permit. A fence on City land (road, reserve or City-owned parcel) needs an Encroachment Agreement.Building and Plumbing Bylaw No. 2526, 2025, s. 4.4(a); s. 12.1; Building Permits and Inspections, Building Permit Exemptions; Encroachment Bylaw No. 2460, 2022, Definition of Encroachment; Prohibitions · Wording matched the official text retrieved 2026-11-06Official wordingfences and landscaping and retaining walls, excepting as set out in Part 12 of this bylaw; No person may construct or make repairs affecting the structure of a retaining wall any part of which is greater than or equal to 1.2 meters in height without first obtaining a building permit. A building permit is not required for the construction of fencing. Sheds including those attached to a dwelling and/or fence; Fences; Asphalt, concrete or brick sidewalks, curbs, parking pads, driveways All Encroachments within the City of Fernie shall be deemed to be prohibited and unauthorized unless an Encroachment Agreement is in place |
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| Height, front yard | 1.0 m (3.3 ft) measured from ground level. In the CD-4 zone, no fencing is allowed in the front yard setback of residential uses.Consolidated Zoning Bylaw No. 1750, s. 3.10(1)(a); Consolidated Zoning Bylaw No. 1750, CD-4 zone, s. 6(b) · Wording matched the official text retrieved 2026-11-06Official wordingNo person shall locate screening or fencing higher than 1.0 m (3.3 ft) from ground level in a front yard. Fencing shall not be permitted within the front yard setback of residential uses within the CD-4 |
| Height, side and rear yards | 2.0 m (6.6 ft) from ground level in a required side yard or rear yard. In non-residential zones, screening other than open mesh or chain link may not exceed 2.0 m on or parallel to a parcel line.Consolidated Zoning Bylaw No. 1750, s. 3.10(1)(b) and (e) · Wording matched the official text retrieved 2026-11-06Official wordingNo person shall locate screening or fencing higher than 2.0 m (6.6 ft.) from ground level in a required side yard or rear yard. No person shall locate screening (other than an open mesh or chain link type fence) exceeding 2.0 m (6.6 feet) in height on, or parallel to, any parcel line in zones other than residential zones. |
| Corner lots and sightlines | On corner parcels nothing may block visibility within a triangle formed by the two parcel lines and a straight line joining points 5.0 m (16.5 ft) from where they meet. All screening must comply with this rule.Consolidated Zoning Bylaw No. 1750, s. 3.8; s. 3.10(2) · Wording matched the official text retrieved 2026-11-06Official wordingNo person shall obstruct the visibility at any intersection on corner parcels by any means within a triangular area bounded by the two parcel lines adjacent to the highway right-of-way and a straight line joining each parcel line at a distance of 5.0 m (16.5 feet) from their point of intersection All screening shall comply with the requirements of Section 3.9 "Visibility at Intersections" |
| Other rules | Barbed wire may not be used in the rural residential zone; in other non-residential zones only for security. Outdoor pools need a perimeter fence at least 2.0 m (6.6 ft) high with locked gates. In the R-SS zone, fences and gates must not block emergency access from the front yard. Siting setbacks do not apply to fences.Consolidated Zoning Bylaw No. 1750, s. 3.10(1)(c), (d), (g); s. 3.7(6); R-SS s. 4.2.1(5)(1) · Wording matched the official text retrieved 2026-11-06Official wordingBarbed wire shall not be used as part of any screening in the rural residential zone. Barbed wire may be used as part of any screening only for reasons of security in All outdoor swimming pools shall have a perimeter fence not less than 2.0 m (6.6 ft.) in height with locked gates. Regulations concerning siting of buildings or structures in Part 4 of this Bylaw shall not Fences and gates shall not be constructed in a manner that may impede this |
| Bylaw | Zoning Bylaw No. 1750, s. 3.10 (Screening and Fencing Requirements) and s. 3.8 (Visibility at Intersections)Consolidated Zoning Bylaw No. 1750, ss. 3.8, 3.10 · Wording matched the official text retrieved 2026-11-06Official wording3.10 SCREENING AND FENCING REQUIREMENTS 3.8 VISIBILITY AT INTERSECTIONS BYLAW NO. 1750 |
How it works
Fernie's Building and Plumbing Bylaw exempts fences from a building permit. Fences are instead governed by section 3.10 of the Zoning Bylaw, and the zoning setback rules do not apply to them.
Good to know
- Height: 1.0 m (3.3 ft) in a front yard, and 2.0 m (6.6 ft) in a required side yard or rear yard, measured from ground level. In the CD-4 zone, no fencing is allowed in the front yard setback of residential uses. In non-residential zones, screening other than open mesh or chain link may not exceed 2.0 m on or parallel to a parcel line.
- Corners: on a corner parcel, nothing may block visibility within a triangle formed by the two parcel lines and a straight line joining points 5.0 m (16.5 ft) from where they meet.
- Barbed wire: not allowed in the rural residential zone. In other non-residential zones it is allowed only for security.
- Pools: an outdoor pool needs a perimeter fence at least 2.0 m (6.6 ft) high with locked gates.
- Retaining walls: a retaining wall 1.2 m or higher needs a building permit.
- Emergency access: in the R-SS zone, fences and gates must not block emergency access from the front yard.
- City land: a fence on City land (road, reserve or City-owned parcel) needs an Encroachment Agreement.
- Overgrown or broken fencing can make a property "unsightly" under the Community Standards Bylaw.
- For anything not covered here, ask Planning at 250-423-6817 or planning@fernie.ca.
Official forms and pages
The same question in other places
Sparwood · Cranbrook · Elkford · Kimberley · Canal Flats · Creston
Sources
- Consolidated Zoning Bylaw No. 1750 (PDF), City of Fernie (read 2026-11-05)
- Building and Plumbing Bylaw No. 2526, 2025 (PDF), City of Fernie (read 2026-11-05)
- Building Permits and Inspections, City of Fernie (read 2026-11-05)
- Encroachment Bylaw No. 2460, 2022 (PDF), City of Fernie (read 2026-11-05)
Checked by script, not yet by a person: the official wording behind 6 of 6 facts was matched to the official text. How answers are checked.