Installing a new fence on your property can enhance privacy, add security, and improve curb appeal. However, most areas require permits for new fencing construction to ensure projects meet local zoning and code requirements. Understanding the permit process is an important step for any fencing project. This comprehensive guide provides key information about fence permits to ensure your new fence is built properly and legally.
When Do You Need a Fence Permit?
Fence permits are required for most new fencing installations, including:
- Constructing a completely new fence where none previously existed
- Replacing more than 50% of an existing fence
- Changing the height, length, location or materials of a current fence
- Adding gates to a fence
However, minor repairs usually do not require a permit. For example, you can typically replace a few pickets or fence posts without getting a permit.
Always check with your local permitting office to understand exactly when a fence permit is mandated. Requirements can vary significantly between different cities, counties and states. Many areas require permits for any fencing work beyond basic maintenance.
Getting proper permits protects you from potential issues down the road. Operating without required permits can lead to fines, removal of non-compliant installations or difficulty selling the property.
How to Apply for a Fence Permit
Applying for a fence permit is usually straightforward, with some key steps:
Determine the Correct Permitting Office
Fence permits are issued by local city or county offices, not state or federal agencies. Start by contacting your municipal offices, usually the building or zoning department. In unincorporated areas, permits will go through the county instead.
Submit Required Application Materials
Typical fence permit applications require:
- Completed permit forms with project details including materials, height and location. Many areas have standardized applications.
- Plat map showing precisely where the fence will be built on the property. Drawings do not need to be professional but should accurately represent the fence layout.
- Homeowner’s association approval letter if the property falls under HOA rules. The HOA may impose additional restrictions.
- Fees for the permit and any required inspections. Fees vary widely based on the location and project scope.
Receive Permit Approval
The permitting office reviews applications to verify projects meet criteria like maximum fence heights, appropriate materials, and setback distances from property lines and rights of way. Providing complete details speeds approval.
Most areas issue fence permits within 1-2 weeks once paperwork is complete. Some may be ready within a few days. Larger projects may take a bit longer to review.
Key Regulations for Fence Permits
Understanding common fencing regulations helps ensure your permit application is approved. Requirements vary, but often include:
Fence Height
Many municipalities restrict the maximum height of boundary fences to 4-6 feet tall in most areas:
- Front yard fences – Typically limited to 3-4 feet tall to avoid blocking views.
- Side and rear fences – Often can be up to 6 feet tall for privacy.
- On corner lots, the side fence facing a street is also considered a front yard fence.
- Taller heights may be allowed with special exceptions or setbacks.
Fence Material
Common permitted fencing materials include:
- Wood – Cedar, redwood or pressure-treated pine are typical choices. Some areas ban unsafe wood types like creosote-treated railroad ties.
- Vinyl – PVC or other synthetic wood-alternative fencing is usually allowed. Many styles mimic wood’s look.
- Ornamental metal – Wrought iron, aluminum and steel fences are durable options permitted in most areas.
- Chain link – The crisscross wire pattern provides an affordable fencing solution. Some homeowners associations prohibit chain link for aesthetic reasons.
Prohibited materials that your municipality may restrict include razor wire, electric fences or makeshift scrap wood/debris fences.
Setbacks from Property Lines
Most fences must be set back a minimum distance from property lines and rights of way, typically:
- Front setback – 5+ feet from the front property line. Allows access and maintains visibility.
- Side setback – 6+ inches from the property line. Room for maintenance without encroaching.
- Rear setback – May have no minimum required setback in many municipalities.
- Rights of way/easements – Often must be 10+ feet from roads, sidewalks and utilities.
Surveying the property precisely is recommended to identify boundaries. Installing a fence over the property line is trespassing.
Appearance and Maintenance
Fence permits often require maintaining an orderly appearance. Additions like razor wire are restricted in many areas. Rotting, deteriorating fences must be repaired or replaced if they become unsafe.
Swimming Pool Fences
Safety fencing around home swimming pools is typically mandated separately from boundary fences. Special height, self-latching gate and locking requirements apply for pool fences.
Historic Districts & Homeowners Associations
Fence requirements may be more restrictive for properties in historic districts or managed by a homeowners association (HOA). Historic guidelines focus on maintaining architectural style and aesthetics. HOA rules emphasize consistency and community standards. Always check for any added restrictions based on your neighborhood.
Calling 811 Before You Dig
An important safety step is calling 811 to have underground utilities professionally marked before any digging or excavation for fence post holes. Every project that penetrates the ground requires calling 811 beforehand to avoid accidentally hitting gas lines, power, water or other buried infrastructure.
This free service sends crews to mark utility lines’ locations with spray paint or flags. Give at least a few days’ advance notice before digging. Never attempt to install fence posts without calling 811 first. Damaging underground utilities can cause service disruptions plus serious risks to safety.
Hiring a Professional Fence Company
Installing a fence is difficult, complex work. Unless you are highly experienced with construction projects, it is usually wise to hire a professional fencing contractor rather than attempting a DIY fence.
Benefits of hiring fence installation experts include:
- Knowledge of local codes and permit processes – Professionals stay up to date on the latest requirements.
- Precise installation for structural stability – Proper post hole excavation, anchoring and alignment prevents shifting.
- Reduced risk of injury and property damage – Fence construction involves deep digging plus power tools and heavy materials. Injuries are common with DIY projects.
- Access to specialized equipment – Some tasks like drilling into rock or setting posts in concrete require rental tools most homeowners lack.
- Materials expertise – Contractors know the best options for your specific project that balance cost, durability and appearance.
- Manpower to speed completion – Professional crews can complete work much faster than DIY.
Be sure to verify any fence company holds valid local licensing and insurance coverage. Many states require contractor licensing for fencing work. Ask for references from past customers as well.
Completing Fence Inspections
Most municipalities require an inspection of the finished fence to confirm proper permitting and construction. Typical fence inspections include:
Setback Inspection
The inspector confirms the fence lies outside required setback distances from the property lines and rights of way. Certified property line surveys provide definitive verification but are not always mandated.
Final Installation Inspection
Once construction is complete, the final inspection checks:
- The fence matches submitted plans for layout, locations and materials.
- Posts have been correctly embedded in the ground for structural integrity.
- Any gates open smoothly and latch properly.
- The fence is plumb, level, aligned and visually appealing with no hazards.
- All work complies with applicable building and zoning codes.
Any identified issues must be remedied before final permit approval is granted. After passing inspection, your new fence can stand for years to come, providing privacy, security and aesthetic appeal with the proper permits in place.
Frequently Asked Questions
Below are answers to some common questions about fencing permits:
Do I need a permit for a small fence under 6 feet tall?
Usually yes. Many municipalities require permits for any boundary fence over 3-4 feet tall, regardless of length. However, minor repairs to existing fences may not need permits. Always check local guidelines.
My neighbor said no permit is required for our shared fence. Is this true?
Probably not. Your neighbor may be unaware of current regulations. Most areas need permits even for shared lot-line fences to ensure proper setbacks and construction standards. Don’t rely on neighbor advice over the permitting office.
What information is required for a fence permit application?
Typical requirements include a plat map showing the fence location, dimensions and materials, homeowner’s association approval letter if applicable, and permit fees. The specific needed documents depend on local guidelines.
How long does it take to get a fence permit approved?
Most permits are issued within 7-14 days once complete applications are submitted. Simple projects may be faster than fences requiring zoning exceptions. Incomplete applications delay approvals.
Can I do the fence installation work myself?
You can, but fencing projects require expertise for structural stability and safety. Unless you have construction experience, hiring a professional fencing contractor is recommended. They understands permitting and completes work correctly.
How much do fence permits cost?
Permit fees vary significantly by location and project scope but often fall in the range of $50-$150. More complex fences or areas with higher property values may have pricier permits. Inspections incur added fees in many municipalities.
Are there alternatives that allow avoiding fence permits?
Planting dense shrubs, trees or hedges for privacy may not require permits in some areas. However, “living fences” take years to grow and require ongoing maintenance. Most people prefer the immediate benefits of permanent fencing.
Can my HOA stop me from building a fence if I get a permit approved?
No. Municipal permits legally allow you to proceed. But the HOA may impose stricter limits on location, height or materials. Consulting the HOA first and getting their approval before applying for permits prevents conflicts.
Do pool code safety fences require permits too?
Yes. Separate permits following strict regulations for pool barriers are necessary to protect swimming pool safety. These differ from regular property boundary fence requirements.
Conclusion
Installing a new fence is a significant home improvement project requiring care and attention to detail. Following proper permitting and inspection procedures minimizes hassles down the road. Your professional fencing contractor can advise you on navigating the permit process smoothly based on extensive local experience. With the right permits approved, you can relax and enjoy your beautiful new privacy fence as an enhancement to comfort, security and aesthetics for years to come.