Do You Need Approval To Build a Fence? + Permit Requirements

We all know that living in a house in most cases requires owning a fence. If you plan to install a new one, or replace the old one, do you need a permit for it? Probably. We know this is not the answer you wanted to hear. But we will explain every fence type that requires a permit and cases when the permit isn’t necessary. So, let’s begin.

Key Takeaways

1. There are different factors that will determine if you need a permit for your fence.
2. Obtaining a building permit for a fence doesn’t take too much time.
3. The average cost of a fence permit is between $30 and $200.

Do you need a permit to build a fence?

The answer to this question will be determined by a few factors. There are some projects that require a permit no matter where you live, for example, pool permit. But it is a bit different when it comes to permit for fence installation.

Factors that will determine if you need a building permit for a fence are:

1. The high of the fence – Usually, if your fence is higher than 6 feet, obtaining a permit is necessary.
2. The material that the fence is made out from – If you are planning to build a fence from masonry or concrete, there is a higher chance that you will need a permit, in contrast to building one from wood or PVC.
3. Your location – If you live in a rural area, there is a lower chance that you will need a permit to build a fence. But if you are in a more urban area or in a protected zone, you will probably need a fence permit.
4. Setbacks – Distance from the street, your neighbors and other structures is very important. In some cases, your fence may not even be allowed, because it is too close to them.

But in order to understand this, it is necessary to understand the law and codes about building and installing fences, so let’s explain.

Fence codes – Understanding local zoning laws and regulations

We know that this is not the most amusing subject, so let’s make it quick and easy. In our experience, when it comes to fence codes every state has its own specific zoning laws. Depending on the state, you may also need a zoning permit, before obtaining a fence permit.

Pro tip: If you are planning to hire a company to build and/or install a fence, ask them if they provide a fence permit as a part of their services. Many companies do. Keep in mind that you will still have to pay for the fees.

As we mentioned, fence codes and regulations are enforced on a local level, so they will vary depending on the area you live. Even if your fence doesn’t require a permit, it has to follow city codes. But the most common fence codes include:

1. If you live in an area that has strict codes for the appearance and aesthetics of the neighborhood, you will have to follow them when it comes to your fence.
2. Know your property lines (if you are unsure, the easiest way to determine them is with a site plan). Many codes and regulations regarding property lines are about setbacks, sidewalks, roads, flood zones and public access points.
3. In most cases, there are height and opacity codes. It is especially important to read these rules if you live in a corner lot. There might be some special restrictions regarding height and opacity in order to maintain visibility for pedestrians and drivers.
4. If you decide to build a fence that is made from concrete or masonry, the codes for these materials are usually more rigid. This is because these materials are heavier than, for example wood or vinyl. When choosing the right material for your fence, if you live in an HOA community, the best option is to check the guidelines. Depending on your community, you might have to obtain HOA permit/approval.

Let’s check different types of fences that do and do not require permits.

Types of fences that do and do not require a permit

Before starting with your project, our advice is to visit your local building department. There you will be able to speak with an expert. The more convenient option is to check your local government website, there might be some information on this topic there.

With all that being said, let’s check some of the most common fence types and do you need a permit for them.

Permit for privacy fence

Privacy fence is usually made from wood and little to no light passes through it. In most cases, everyone is allowed to install one on the interior part of their lots. But the most important thing is that your property is zoned as residential. Otherwise, you may have to obtain a fencing permit.

If the height of the fence isn’t more than 6 feet, you probably don’t need a building permit for a fence. Keep in mind that the height restrictions can be different if you live in a corner lot.

Pool fence permit

Pool fences or pool barriers usually require permits. The reason for this is they are a safety feature, that is, in most cases, mandatory. Pool fences are a lot smaller than the regular ones. Always check what are the requirements before installing one. The most common height of pool barriers is at least 60 inches.

Wood fence permit

The main requirement for a wooden fence is pretty obvious, it has to be primarily made from wood. The second requirement is the amount of open surface, usually it is 30%.

If you are planning to build or install a completely new fence, there are high chances that you will need a building permit. But if you are replacing an existing fence with a new one that is not higher than the old one, there is a chance that you won’t need a permit.

Brick retaining wall

If your retaining wall is less than 4 feet tall, in most cases, you won’t need a permit for fence installation. In some states, you will need a permit for a retaining wall if:

1. The fence is attached to the retaining wall
2. The back-slope is greater than 2:1
3. The retaining wall is supporting a surcharge from the driveway or any other structure

Front fence permit

If you are planning to install a front fence, you probably won’t need a permit if it is less than 6 feet tall and if it is freestanding. But this depends on the area you live in. In some cases, you will only need a zoning permit if the fence is made from lighter material, like wood.

Residential fence permit

There are cities and areas that require fence permits no matter what type of fence you are planning to build or install. In that case, you will need a residential fence permit. If it turns out that you live in an area where a permit is necessary, don’t stress about it, the process of obtaining it is quite simple.

Let’s explain how you can obtain a fencing permit.

How to apply for a fence permit

The process of obtaining a fencing permit usually consists of these 4 steps:

1. Application – In many cities the application process can be done online. Just go to your local municipality website and you will be able to apply online. Or you can do it in person. You will have to fill out the application form and pay the fees.
2. Submit plans – Next step is to obtain a site plan and submit it. The specific requirements for the site plan can be also found on your local building department website. But usually requirements are pretty much the same. The location of the fence has to be clearly visible on the site plan; distance between fence and other structures has to be clearly marked; the proposed fence has to be wholly on the property and not on the property line.
3. Plan review – When you submit all the necessary documents, the commission will review your site plan. They will check if everything follows local and state building codes. If some corrections are necessary, you will be informed. Also, they will inform you, usually via email, when the review process is finished.
4. Fence permit issuance – If your plan is in compliance with codes and regulations, you will be issued a fencing permit.

Be smart: Once you’ve obtained your permit, before you start with the project, contact 811 call-before-you-dig. They will help you so that you don’t accidentally dig into an underground utility line.

Have you wondered what will happen if you install a fence without a permit? Let’s find out.

Building a fence without a permit – Violations and penalties

What happens if you put up a fence without a permit? If a fence permit is required in your area and you choose to install a fence without one, you will be fined. Usually the fine is $100 per day, for each day the fence exists without a permit. Also, if a fence is installed and does not comply with the codes of your city, the local government will require you to remove it.

Even if you are fined, you will still need to pay for a fence permit. So, there is absolutely no reason to build it without a proper permit.

Fence permit FAQs

Fence drawing for permit

If your local government requires a fencing permit, don’t stress about it. As you saw, the process is easy, not that expensive and it doesn’t take too long to get a permit. In order to make the entire process trouble-free, order our site plan for permits. Our team will make it and send it to you in 24 hours so you can get on with your project in no time.

Credits:

• freepik photo 1, author: wayhomestudio (link)
• freepik photo 2, author: wayhomestudio (link)
• freepik photo 3, author: wayhomestudio (link)