How Far Does a Fence Have to Be From the Road?
Pennsylvania has no single statewide distance. Two things decide how far a fence has to be from the road: the road's right-of-way, which a private fence cannot occupy, and your municipality's setback rule. PennDOT Publication 266 defines an encroachment as "any object placed without permission within the legal limits of a highway right-of-way" and names fences as an example. It adds that the right-of-way is "often 33 feet wide from one side of the road to the other" and can be much wider.
Local codes then measure from different points, and that detail changes where your fence can go. Hempfield Township requires fences to sit at least five feet from the paved portion or berm of the road. Penn Township measures its five feet from the street right-of-way line, which is usually farther into the yard than the pavement edge. Same number, different starting point. This post explains the right-of-way, the local rules, corner lots, and how to lay out a front yard fence that stays put.
What Is a Road Right-of-Way?
A road right-of-way is the strip of land reserved for the road and everything that supports it. Pennsylvania's highway regulations define it as "the area which has been acquired by the Department for highway purposes" (67 Pa. Code Section 441.1). PennDOT's Publication 266 explains that it includes the land the highway is built on, the shoulders or berms, and any additional area needed for highway purposes.
The pavement is only part of it. The right-of-way usually extends past the edge of the road into what looks like your front lawn.
Township roads follow similar numbers. Under the Second Class Township Code, a road used by the public and maintained by the township for at least twenty-one years is a public road with a right-of-way of thirty-three feet (53 P.S. Section 67307). State law also sets the minimum width of a public road at thirty-three feet (36 P.S. Section 1901).
Here is what that means on the ground. If a 20-foot-wide road sits centered in a 33-foot right-of-way, the right-of-way reaches 6.5 feet past each edge of the pavement. Many roads have more than that, and PennDOT notes that some state highway rights-of-way run 120 feet or more.
How Far Does a Fence Have to Be From the Road in Local Townships?
Every municipality writes its own rule. These four show the range:
Hempfield Township: fences and screening walls must be set back a minimum of five feet from the paved portion or berm of any private right-of-way or public cartway, subject to the rights of the township or a municipal authority within the right-of-way (zoning ordinance Section 87-17C). Front yard fences are limited to four feet.
Penn Township: decorative fences in a required front yard must be at least 50 percent see-through, no higher than four feet, and at least five feet from the street right-of-way (Section 190-631).
North Huntingdon Township: front yard fencing cannot exceed four feet, and the township FAQ warns that "any fence installed within the right-of-way or over an easement is at your own risk."
City of Pittsburgh: where a fence extends closer to the street than the house, only open and ornamental fences up to four feet are permitted (zoning code Section 912.04.K).
Your own township may measure from the curb, the pavement, the right-of-way line or the sidewalk. Ask the zoning office which one applies before you set a string line. For the height side of the same rules, see what fence height is allowed in PA.
How Do You Find the Right-of-Way Line on Your Property?
You will not find it by looking at the yard. Three sources give you a reliable answer:
Your survey or recorded subdivision plan. Both show the right-of-way line and its width.
The municipal office. For a township or borough street, the public works or zoning staff can tell you the right-of-way width.
PennDOT. For a state road, Publication 266 says, "The PennDOT District Office nearest you can define the right-of-way for a specific location."
A road that looks like a local street can still be a state road. If you are not sure who owns yours, the township office can tell you.
Once you know the line, mark it before the contractor visits. Our guide to planning your fence line before calling a contractor walks through the rest of the layout.
What Are the Rules for Corner Lots and Sight Triangles?
Corner lots get extra limits because a fence near an intersection can block a driver's view. A clear sight triangle is the area at a corner that has to stay open so drivers can see cross traffic.
Penn Township spells out the dimensions. Section 190-614 restricts fences, hedges and walls to three feet above pavement grade inside the triangle formed by extending 75-foot lines along the center lines of the two streets from the point where they intersect.
Hempfield Township prohibits any fence that interferes with the clear sight triangle at intersections of streets, driveways and access drives, and defines the triangle by reference to PennDOT's sight distance rules. North Huntingdon treats corner lots as having two front yards, so the four-foot limit applies along both streets, and its FAQ says fencing cannot obstruct any vehicular vision.
If you live on a corner, expect a lower and more open fence along both street sides. Our post on front yard fencing ideas shows styles that fit those limits.
What Happens If a Fence Is Built in the Right-of-Way?
It can be ordered out at your expense. PennDOT's Publication 266 says the department typically sends the owner a written request to remove an encroachment, and if it is not removed, PennDOT "is authorized to remove it and to collect removal costs from the owner."
There is also a liability problem. The same publication warns that if a motorist collides with an illegally placed object, both the owner of the object and PennDOT may be sued for the resulting injuries or damages.
Townships take the same position on their own roads. Hempfield's ordinance says a fence that interferes with the location, maintenance or repair of a public street, cartway or utility line must be removed or relocated by the owner at the owner's sole expense.
A fence a few feet too close to the road is expensive to correct, because the posts are set in concrete and the whole front run has to move.
How Should You Lay Out a Fence Along the Road?
Work through it in this order:
Confirm who owns the road and where the right-of-way line is.
Ask the zoning office for the front yard height limit, the setback and the point it is measured from.
On a corner lot, ask for the sight triangle dimensions.
Check for a sidewalk, drainage swale or utility easement along the frontage.
Have underground utilities marked through Pennsylvania 811 before any digging.
Get the permit, if your municipality requires one, before materials are ordered.
Leave room on the roadside for mowing and for the township to reach its side of things. A fence set comfortably behind the line gives you less to worry about when the road is repaved or a utility crew shows up. If you are in the city, read whether you need fence permits in Pittsburgh first.
FAQ
Can I put a fence right at the edge of the road in Pennsylvania?
No. The edge of the pavement is inside the road right-of-way, and PennDOT treats a fence placed there without permission as an encroachment.
How wide is the right-of-way on a township road?
Thirty-three feet is the common figure. Pennsylvania's Second Class Township Code gives a 33-foot right-of-way to roads that became public through twenty-one years of public use and township maintenance. Newer streets can be wider, so check your recorded plan.
Does the five-foot rule apply everywhere in Westmoreland County?
No. Hempfield and Penn Township both use five feet, but they measure from different points, and other municipalities use their own distances. Call your zoning office.
Who do I call about a state road?
Your nearest PennDOT District Office can define the right-of-way for a specific location.
Are mailboxes treated the same way as fences?
No. PennDOT lists properly placed mailboxes, public utility poles and approved temporary signs as exceptions to its encroachment rule.
Can I plant a hedge where a fence is not allowed?
Not inside a sight triangle. Penn Township's three-foot limit applies to fences, hedges, other plantings and walls alike, and Hempfield's rule covers hedges and plantings too.
Front Yard Fence Help From a Local Installer
Just Fences is a locally owned fence company based in Harrison City, serving Westmoreland County and Greater Pittsburgh since 2007. The company installs vinyl, aluminum, wood, chain link and custom fences and offers free quotes. Open styles that suit front yard height limits are shown on the aluminum fences page, and the full process is on the fence installation page.
Visit Just Fences or call (724) 392-4416 today. Contact us for more information.
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