Front yard fences - What if the fence is too high?

Are you thinking of building a fence? Be careful about how high you build, otherwise that new fence might not follow the City of Calgary's land use bylaws:

Land Use Bylaw, 1P2007 - Fences

Section 343 - The height of a fence above grade at any point along a fence line must not exceed:

(a) 1.2 metres for any portion of a fence extending between the foremost front facade of the main residential building and the front property line;

(b) 2.0 metres in all other cases; and

(c) 2.5 metres at the highest point of a gate that is not more than 2.5 metres in length.

In this dupex the foremost front facade is the 6.10m portion east of the fence, not the facade to the north on the adjacent unit.

This is good information to know before building a fence. However, what if there's already a fence in the front yard and the Real Property Report (RPR) shows that it's 1.8m high when it should only be 1.2m? What if you're selling the house next week?

Do I need to get out a chainsaw?

Thankfully, the Planning Department doesn't look at fence height for Certificate of Compliance stamps. The certificate itself states the following:

"The Certificate of Compliance relates only to the building location requirements of the Land Use Bylaw 1P2007..."

According to the Planning Department, fence height won't affect whether or not the City will stamp the RPR. However, a fence higher than 1.2m in a front yard does not meet the bylaw requirements. If somebody complained, the City might still investigate.

Encroachments on City of Calgary Roads - What a Real Property Report Shows

If a fence encroaches on a City of Calgary road, it must be shown on a Real Property Report (RPR) according to the Alberta Land Surveyors' Manual of Standard Practice. What the City of Calgary will do depends on the size of the encroachment.

Back in 1996 the City of Calgary realized it needed a uniform encroachment policy, rather than the ad-hoc method that previously existed. Bylaw CS008 - Encroachment Policy outlines procedures for City staff to follow when dealing with certain types of encroachments.

0.3m is the cutoff line for fences that encroach onto City roads. Anything less and chances are the City Planning Department will simply issue an Encroachment Advisory Stamp along with the Certificate of Compliance without a waiting period. Anything more and the City (Corporate Properties Department) may require the fence to be moved, or a more detailed encroachment agreement registered on title after a 6-8 week process.

0.29 - That's close! A recent client was relieved he wouldn't have to wait weeks for a Compliance Stamp in order to receive the withheld proceeds from a real estate transaction.

Bylaw CS008 -Schedule "A" - Authorized Encroachments onto a Street

1.3 Fences

- encroaching not more than 0.3 meters where the fence creates an enclosure
- encroaching to the back of the sidewalk or to 1.0 from the curb (if there is no sidewalk) where the fence is a linear projection of a fence on the Applicant's property EXCEPT where adjacent to a Street
- developer fences required under development agreements
- fences running parallel to pathway (which run over a property line) may exceed 0.3 meters subject to minimum access requirements

Note - If the City Planning Department issues an Encroachment Advisory Stamp for a fence, head up to City of Calgary Corporate Properties on the 9th Floor and they may void the advisory stamp if the fence encroaches less than 0.34 meters on the street.