Fence permit requirements: what you need to know before building

Most cities require a building permit before you install a fence. Skipping this step can lead to fines, forced removal, and problems when you sell your home. The permit process is straightforward once you know what to expect.

This guide covers common permit requirements, how the process works, what it costs, and how to avoid the most common compliance mistakes homeowners make.

Do you need a permit to build a fence?

The short answer: probably. Most municipalities in the United States require a permit for new fence construction. The specific trigger varies by jurisdiction.

Common permit triggers include:

• Any new fence installation, regardless of height
• Fences over a certain height (usually 4 feet or 6 feet)
• Fences in front yards
• Fences near streets, sidewalks, or intersections
• Pool enclosure fences (almost always require a permit)
• Fences in flood zones or conservation areas

Some cities exempt short fences (under 3 or 4 feet) or replacement fences that match the size and location of the original. But do not assume you are exempt without checking.

How to find out: Call your city or county building department, visit their website, or stop by the planning office. Most jurisdictions have the information available online. Your fence contractor should also know the local requirements. If they do not, that is a red flag.

Common permit requirements

While specific rules vary by city, most fence regulations address the same core issues.

Height limits

The most universal fence regulation is a height restriction.

• Backyard fences: Most cities allow up to 6 feet. Some allow 7 or 8 feet in backyards with a variance or special permit.
• Front yard fences: Typically limited to 3 or 4 feet. Many cities have stricter rules for front yards to maintain neighborhood aesthetics and sightlines.
• Side yard fences: Usually follow the backyard rule for the portion behind the house and the front yard rule for the portion forward of the house.
• Corner lots: Often have additional restrictions near intersections. Cities commonly require fences within a “sight triangle” (typically 15 to 25 feet from the corner) to be no taller than 3 feet to preserve driver visibility.

Setback requirements

Setbacks determine how close your fence can be to property lines, streets, and other structures.

• Property line setbacks: Most cities require 2 to 6 inches from the property line. Building directly on the line is sometimes allowed with neighbor consent but rarely required.
• Street and sidewalk setbacks: Fences near public right-of-way often require larger setbacks, sometimes 1 to 3 feet from the sidewalk edge or curb.
• Utility easement setbacks: If your property has a utility easement, you may not be able to build within it, or you may need to use a removable fence style.
• Structure setbacks: Some codes require fences to be a certain distance from your house, garage, or other structures.

Material restrictions

Some jurisdictions regulate fence materials, especially in residential zones.

• Barbed wire and razor wire are prohibited in most residential areas
• Electric fences face restrictions in many cities (some allow them for pet containment with low-voltage systems)
• Some historic districts restrict materials to wood only
• Chain link may be prohibited in front yards in certain jurisdictions
• Many cities require the “finished” or “good” side of the fence to face outward toward neighbors and the street

Property line rules

Most fence disputes between neighbors involve property line disagreements. Understanding the rules prevents costly conflicts.

• Your fence must be entirely on your property (within any required setback)
• A shared fence built exactly on the property line requires agreement from both property owners
• Maintenance responsibility for shared fences varies by state law
• Your neighbor cannot attach anything to your fence without permission
• You generally cannot build a fence that blocks your neighbor’s existing access to their property

HOA rules vs city rules

If you live in an HOA community, you face two layers of regulation: city building codes and HOA covenants. You must comply with both.

City building codes

These are legal requirements enforced by your local government. They address safety, public visibility, and structural standards. Violations can result in fines and mandatory removal. City codes set the minimum and maximum standards.

HOA covenants

These are contractual restrictions you agreed to when you bought your home. They are enforced by your homeowners association. HOA rules are often more restrictive than city codes.

Common HOA fence restrictions include:

• Approved materials list (many prohibit chain link in visible areas)
• Specific approved colors or color ranges
• Maximum height (sometimes lower than what the city allows)
• Required styles that match the neighborhood aesthetic
• Placement rules relative to your home and lot
• Required architectural review and approval before construction

Important: Getting a city permit does not mean your HOA approves the project. And getting HOA approval does not mean you have met city code. You need both.

Submit your fence plans to your HOA architectural review committee first. HOA review often takes two to four weeks, and you do not want to delay your project by doing it out of order.

The permit process step by step

Getting a fence permit is not complicated. Here is how it typically works.

Step 1: Research requirements

Contact your local building department to learn what is required. Ask about height limits, setback rules, material restrictions, and whether a survey or site plan is needed. Most of this information is available on your city’s website.

Step 2: Get a property survey

If you do not already have a recent survey showing your property boundaries, consider getting one. A property survey costs $300 to $800 and takes one to two weeks. It is not always required for a permit, but it prevents property line disputes that can cost thousands to resolve.

Step 3: Prepare your application

Most fence permit applications require:

• A site plan or plot showing fence location on your property
• Fence height, material, and style details
• Total linear footage
• Gate locations
• Setback distances from property lines and structures
• Your contractor’s license information (if applicable)

Many cities offer simple, one-page fence permit applications. Some allow online submission.

Step 4: Submit and wait

Submit your application with the required fee. Simple fence permits are often approved within a few days to two weeks. If your city requires a plan review, allow two to four weeks.

Step 5: Build and inspect

Once approved, your contractor can begin work. Some jurisdictions require a post-hole inspection (before concrete is poured) and a final inspection after the fence is complete. Your permit will specify what inspections are required.

Keep your approved permit accessible at the job site during construction. Inspectors may visit unannounced.

Cost of fence permits

Permit fees are one of the smallest expenses in a fence project.

Some cities charge a flat fee for all fence permits. Others base the fee on fence length, project value, or a combination. A few jurisdictions waive the fee for replacement fences that match the original.

Your contractor should include the permit cost in their estimate. If they do not mention permits at all, ask. A contractor who does not discuss permits may not be planning to pull one, which creates risk for you. Read our guide on how to choose a fence contractor for more on evaluating contractors.

What happens if you build without a permit

Building a fence without a required permit is a gamble that rarely pays off. Here is what can happen.

Fines

Code enforcement can issue fines for unpermitted construction. Penalties vary from $100 to $1,000 or more, depending on your jurisdiction and the severity of the violation. Some cities increase fines daily until the issue is resolved.

Stop-work orders

If a code enforcement officer spots unpermitted fence construction in progress, they can issue a stop-work order. Your contractor must stop immediately, and work cannot resume until a permit is obtained and approved.

Forced removal

If your fence violates setback rules, height limits, or material restrictions, the city can require you to remove or modify it at your own expense. Tearing down and rebuilding a fence costs significantly more than doing it right the first time.

Retroactive permits

Some cities allow you to apply for a permit after construction. This usually comes with a penalty fee (often double or triple the original permit cost) and requires the fence to pass inspection as-built. If it does not pass, you pay for modifications.

Problems selling your home

When you sell your home, buyers (and their lenders) may require a property survey and title search. Unpermitted structures can delay or complicate a sale. Buyers may demand the fence be removed or may negotiate a lower price to account for the compliance risk.

Neighbor disputes

An unpermitted fence that encroaches on a neighbor’s property or violates setback rules gives your neighbor legal standing to demand removal. Without a permit proving compliance, you have little defense.

Property line and survey considerations

Property line issues cause more fence disputes than any other factor. A small investment in clarity upfront prevents expensive problems later.

Why a survey matters

Property markers (iron pins) can shift over time, be removed during landscaping, or be inaccurate. Fences built based on assumed property lines, existing landscaping, or neighbor agreements are frequently found to be in the wrong location when a survey is eventually done.

A licensed surveyor places permanent markers at your property corners and provides a certified document showing exact boundaries. This gives you legal proof of where your property begins and ends.

Survey costs

A property survey for a standard residential lot costs $300 to $800. For larger or irregularly shaped lots, it may cost more. The cost is small compared to the thousands you would spend tearing down and rebuilding a fence in the wrong location.

Shared fences and neighbor agreements

If you and your neighbor want to build a fence on the shared property line, get the agreement in writing. The document should address:

• Who pays for materials and installation
• Who is responsible for maintenance
• What happens if one owner wants to remove or replace the fence
• What material, height, and style will be used

A written agreement prevents misunderstandings and protects both parties if either home is sold.

Easements

Check your deed and survey for easements. Utility easements, drainage easements, and access easements may restrict where you can build a fence. In most cases, you cannot build a permanent structure within an easement, or the utility company has the right to remove it.

Your fence contractor should ask about easements. If they do not, bring it up before work begins.

Get help with your fence project

Navigating permits, property lines, and local regulations is easier with an experienced contractor. A good fence installer knows the local rules, handles the permit application, and ensures your fence is built to code.

Get free quotes from local fence contractors who can guide you through the process.

Permit requirements by state

Fence permitting and contractor licensing vary significantly by state. Here is a quick overview of the states we serve:

• Utah: Contractors need an S330 Fencing license through DOPL. Permit rules vary by city.
• Idaho: Contractors register with the Idaho Contractors Board for projects over $2,000. Boise requires permits.
• Colorado: No statewide license required. Denver and most Front Range cities require local licensing and permits.
• Oregon: All contractors must hold a CCB license. Portland exempts fences under 7 feet from permits in most zones.
• North Carolina: License required for projects over $30,000. Charlotte and Raleigh require permits.
• Tennessee: License required for projects over $25,000. Nashville requires permits.
• Florida: DBPR license required. Most cities require permits. Pool fences have additional Building Code requirements.
• Arizona: ROC license required (CR-34 Fencing). Phoenix requires permits for block walls and fences over 6 feet.
• Ohio: No statewide license required. Most cities require permits for new fences.

Click any state link for detailed local information.

Related guides

• Fencing overview for a complete look at fence types and costs
• Privacy fence cost guide for detailed pricing by material
• How to choose a fence contractor for tips on hiring a qualified installer
• Vinyl vs wood fence guide for a material comparison
• Chain link fence guide for the most affordable fencing option
• Contractor license lookup to verify a contractor’s credentials