Do you need a permit for a fence?

Two kinds of rules

A fence can fall under two sets of rules, and it's worth keeping them apart.

The building code is about safety. Most states start from the International Residential Code, whose list of work that doesn't need a building permit includes fences up to 7 feet tall. Cities can change that: Federal Way, Washington, for example, only exempts fences up to 6 feet.

Zoning rules are about where things go and how they look: height limits by yard, setbacks from the street, corner sight lines. These apply even when no building permit is needed, and some towns issue a zoning or land use permit for fences.

Real examples

• West Linn, Oregon: no permit is needed for a fence, but front-yard fences are limited to 3 feet and others to 6.
• Salem, Virginia: fences don't need a permit; front yards are limited to 3½ feet and side and back yards to 8.
• Coalville, Utah: fences over 6 feet need a conditional use permit, and retaining walls over 4 feet must be engineered and need a building permit.
• Federal Way, Washington: fences up to 6 feet are exempt from a building permit, with a note that other code requirements may still apply.

Four towns, four different answers. Our table of fence rules by city shows the same spread across 50 cities. That's why the only reliable way to know is to check yours.

How to find out for your address

1. Search your city or county name with "fence permit" or "fence regulations". Many towns have a one-page fence handout.
2. If there's nothing online, call the building or planning department and give them your address. Ask about permits, height limits and setbacks.
3. If you live outside city limits, the county usually sets the rules.
4. Check your homeowners association too. Its approval is separate from the city's.

When a permit is more likely

• The fence is taller than 6 or 7 feet.
• It's a pool barrier, which has its own safety rules.
• It's in a front yard or on a corner lot.
• The property is in a historic district.
• It sits on a retaining wall, or the project includes one.
• It's close to a public sidewalk, street or easement.

What an application involves

For most fences the paperwork is short. Expect to provide a simple site plan showing where the fence goes and how far it is from the property lines, the height, the material and the gates. Fees vary from town to town and are usually listed in the city's fee schedule. Some towns approve fence permits over the counter or within days.

If a contractor is building it, they usually apply. Put that in the contract and ask to see the permit before they start.

Before anyone digs

• Find the property line. Our guide on how close a fence can be to the line explains how.
• Call 811 a few days ahead. It's free, and buried lines get marked.
• Talk to the neighbors, especially if the fence goes on the shared line.

What happens if you skip a required permit

If the town notices, you can be fined, asked to apply after the fact, or told to change or remove the fence. An unpermitted fence can also come up when you sell the house. A short application is cheaper than rebuilding a fence.

Fair questions

Do I need a permit to replace an old fence?

It depends on the town. Some treat a replacement like a new fence, others don't need a permit for a like-for-like replacement. Ask, and mention that it's the same height in the same place.

Do I need a permit for a short garden fence?

Usually not, but height and location rules still apply, especially near the street.

How much does a fence permit cost?

Fees are set locally, so check your town's fee schedule. For the fence itself, the fence cost calculator prices it, and our fence cost guide lists the other costs people forget.

Is a deck different?

Yes. Decks need a permit far more often. See do you need a permit for a deck.

Sources

• International Residential Code, Section R105.2: the model list of work that needs no building permit, including fences up to 7 feet and small detached decks. States and cities adopt it with their own changes.
• City of Federal Way, Washington, Residential permit exemptions: an example of a city that adopts the IRC list with changes of its own, such as a 6-foot fence limit.
• City of West Linn, Oregon, Do I need a permit to put a fence in my yard?: an example of a city where a fence needs no permit but a front-yard fence is limited to 3 feet.
• City of Salem, Virginia, Fence height limits: a city where fences need no permit, with height limits by yard and a sight triangle at corners.
• Coalville, Utah, Fences and Walls (city code, as published by Zoneomics): a city that sets fences back 1 foot from sidewalks, limits front-yard fences to 4 feet, and needs a permit above 6.
• Call 811: the national call-before-you-dig service, for when and how to have buried utilities marked.
• How we calculate: every suggested price behind this calculator, with the date it was last reviewed.