Installing a new fence can enhance the appearance and functionality of your property. However, before starting any fencing project, it’s important to determine if you need permits for the work. Permit requirements vary by location, so checking with your local building department is the best way to avoid potential issues down the road.
When Permits Are Typically Required for Fences
In many cases, you will need permits if:
- You are installing a fence that is over 6 feet high. Taller fences may have zoning restrictions or require more complex structural engineering.
- The fence will be located on the property line between you and your neighbor. Shared property line fences often have specific legal easement considerations.
- You are installing a pool fence or other barrier around a swimming pool. Special safety codes apply for pool enclosures.
- The fence materials are masonry, stone, or concrete rather than wood, vinyl, or chain link. Masonry fences must meet structural standards.
- The fence will fully enclose the property. Perimeter fences around the entire lot may impact emergency access.
- The fence will obstruct sight lines for traffic. The city may restrict fences from blocking visibility at intersections.
- You live in a historic district or your property has historic designation. Design reviews are often required.
- The fence will be tall and on top of a retaining wall. Combining these elements affects engineering.
If your fencing project triggers any of the above criteria, permit approval is usually mandatory. Failing to get permits for fences that require them may lead to fines or even removal of the non-compliant installation.
When Permits Are Often Not Required
Many common residential fence projects can be completed without permits, such as:
- A basic wooden privacy fence 6 feet tall or shorter that borders your backyard.
- An open wire mesh fence 4 feet tall or less around a garden or dog run area.
- A short decorative patio fence or trellis that does not enclose the yard.
- A fence on land zoned as agricultural rather than residential.
- Replacing an existing fence in the same spot with the same height and materials.
- A temporary construction safety fence around a work site.
Unless local rules say otherwise, you can usually build basic fences like these without needing permit approvals first. However, checking with your building department is still smart.
How Property Lines Affect Permit Needs
Where exactly your new fence will be located on your land can make a difference for permit requirements.
- Fences running along the interior of your property typically don’t need permits if they meet height and other guidelines. But permits are often required for fences erected precisely on your property lines.
- Shared fences built right on the property line between adjacent lots usually require consent from your neighbor as well as permits.
- Front yard fences and gates near the street side of your home often have stricter permit rules than backyard fences even if they are short.
- Easements for utilities may prohibit building a permit-exempt fence over the easement area, so checking property lines is important.
When in Doubt, Apply for a Permit
The best practice is to check with your local building department about permit requirements for your specific fencing project. Explain the height, location, materials, purpose, and other details to find out if permits will be required.
Many municipalities post fence permit guidelines online, but calling the office gives you an opportunity to ask questions. Permit rules for residential fences can vary even between nearby cities.
Applying for any needed permits up front avoids having to tear down or modify work that was done improperly. The permit approval process also gives you a chance to check that your fence meets all zoning setback and easement requirements before getting started.
While permits add steps, they help ensure your fence complies with building codes and land use laws. Permitted fence projects are less likely to run into issues with inspectors or neighbors. Taking the time to do it right protects your investment and gives you peace of mind.
Common Questions About Fence Permits
Do I need a permit for a chain link fence?
Chain link fences often do not require permits if they are 6 feet tall or less and located in your backyard. But confirm with your local building department based on the height and placement. Front yard chain link fences may have more restrictions.
What if my neighbor gets a permit for a shared fence?
For fences right on the property line, each homeowner needs to obtain permits individually or get written consent from the neighbor who gets the permit. One owner getting a permit does not cover the other side.
Can my HOA rules substitute for local permit requirements?
Homeowners’ associations may have their own fence guidelines, but you still need to comply with local permit regulations even if the HOA doesn’t require a permit. The HOA does not override official permit rules.
How long does it take to get a fence permit approved?
Approval time varies but can range from 2 days to 4 weeks depending on your municipality. Simple backyard wood privacy fence permits may be fast, while permits for masonry walls or large perimeter fences typically take longer to review.
Can I be fined for doing fence work without a required permit?
Yes, most areas can issue fines and stop work orders if you are caught building a fence that needs a permit without getting approvals first. You may have to remove a noncompliant fence at your own cost. Getting permits first avoids these risks.
Key Takeaways on Fence Permits
- Check your local building codes to determine if your planned fencing project requires permits. Requirements differ by location.
- Property line fences usually need permits, while basic backyard interior fences often don’t require permits if under 6 feet tall.
- Pool barriers, perimeter fences, retaining wall fences, and masonry fences often require permits regardless of height or placement.
- When in doubt, apply for permits to ensure your fence complies with zoning and building codes.
- Failing to get required permits may lead to fines or forced removal of your new fence, so checking first is critical.
- Although permits add steps, they give you confidence that your fence is legal and code compliant before installing.