Fence Permits and Approvals Complete Guide

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Fences are practically a necessary part of owning a house, especially in denser metro areas where privacy is limited. Fence permitting requirements are not universal. Some municipalities require permits; others do not. The more urban and dense the city, the greater the likelihood that you will be required to apply for a fence permit.

Before building a fence, find out if you might need a fence permit, plus learn additional factors that can trigger the need for a fence permit.

Fence Permit Triggering Factors

• Height: Maximum fence heights including supplements (may range from 6 feet to 8 feet, depending on local code)
• Materials: Materials like chainlink, masonry, or concrete rather than materials like wood or PVC fence, especially in incorporated areas
• Protected zones: A greenbelt, wetland, steep slope, or any type of environmentally critical area near the fence
• Setbacks: Close proximity to a street

Fence Height

Fences under the maximum height, such as 6 or 8 feet tall, may not require a permit. Fences at the maximum height may require a permit. Fences above the height limit are generally not allowed, even with supplements like lattice.

Tip

When contracting with a fence company to build your fence, the company may obtain the permit for you. You still must pay the fee and the permit is in your name. Not all fence companies do this, so ask when getting your estimate.

Fence Materials

In residential areas, it is usually difficult to obtain a fence permit for barbed wire or electric fences—no matter the height. Yet in the same city, barbed wire or electric fences may be allowed in certain industrial zones.

Rural, unincorporated areas also give more leeway as to the type of fence materials, since industry or farming tend to have special needs for barbed wire, chainlink, or electric fences.

Protected Zones Near Fence

Fencing often cannot touch or extend into protected areas like wetlands or greenbelt buffers. Fencing might be allowed if it serves to protect that area.

Fence Setbacks

Setbacks may trigger the need for a fence permit. In some areas, fences in the front or back of a property are sometimes viewed differently.

For traffic safety and to prevent communities from becoming walled fortresses, the city planners may require setback boundaries.

Example

In some areas, a permit may not be issued for a fence that is 6 feet tall when it is a certain distance (such as 15 feet) or closer to the street curb. Yet if the fence height is scaled down to 3 feet tall, the permit might be issued.

Applying For a Fence Permit

Fence permits may be issued either on the city or county level. If you want to construct a fence in an unincorporated area, you may need to contact the county. If you want to construct a fence in a city (that is, incorporated), you might need to apply at the city level.

Unlike some home projects that require permits—such as electrical, plumbing, and structural work—permitting for fence construction is rarely the same everywhere. In some places, no permit or notification is needed.

If a permit is required, the permit might be as simple as a one-page application or an online notice. In other places, the fence permit might be as elaborate as sketches, plans, photographs, and fees along with the permit application.

Fence Installation Permission From Neighbors

If the fence is to be shared with a neighbor, you may need to obtain written consent from the neighbor if the fence is on the property line.

The neighbor may legally be required to share the cost of the fence.

Most areas do not require written consent, but some do. One such state, California, has the Good Neighbor Fence Law which aims to remove the element of surprise and smooth out differences between neighbors. This law requires 30 days' written notice, along with details about the proposed building and maintenance cost, timeline, and design.

Even though fence regulation is a burden on city governments, it eases the burden on the municipal court system.

Whether or not you share the cost of the fence with the neighbor is a different matter. Bringing up the topic of fences with a neighbor can be contentious and potentially divisive.

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