Do I Need A Permit To Build A Fence?

When making changes to your home or property, it’s important to obtain all required legal permits or documents. This goes for everything from large extensions or major construction projects to smaller changes, such as building a fence.

In this blog, we look at whether you need a permit to build a fence, the various rules and regulations across different states and counties, and how to apply for a permit should you need one.

Unfortunately, there isn’t a clear-cut answer to this question. In short, it depends. Whether you require a permit for a fence or not hinges on where you live, its height, and its material. There are varying rules and regulations in different states, counties, and even cities.

So, when trying to answer the question “do I need a permit for my fence?”, our best advice is to contact your local authority to determine whether a permit is required. That being said, read on for more information about the permits that may be needed and how to obtain one.

As we mentioned above, the number one thing that will determine whether you need a fence permit is where you’re located, and your local laws and regulations. For example, in Montogomery County, Maryland, a permit is required to install any type of fence, unless you’re replacing a permitted fence with a like-for-like replacement.

Location is especially important as there can be different regulations within the same city. In Baltimore, Maryland, for example, you need to obtain a fence permit from the Baltimore City Department of Housing and Community Development — unless you live in the metropolitan area that crosses over into Baltimore County, Howard County, or Anne Arundel County, that is. In that case, you’ll need to check your county websites to see if they have different fence regulations and then complete your fence permit applications there.

The height of your fence may determine whether you need a permit. Usually, there are restrictions on how high your fence can be. This also often depends on the location of your fence.

In Milwaukee, for example, a fence in your front yard can be a maximum of four feet tall, whereas a fence in your backyard can be up to six feet tall. Side yards and corner lots have different height requirements, so it’s important to check the height restrictions based on the specific location where you plan to build your fence.

The material your fence is made of is another factor that determines if you need a permit. In some counties, fences can only be made of certain materials like wood or brick. In others, there may be restrictions on where you can build fences of certain materials.

In Lee County, Florida, for example, you’re required to obtain a Residential Fence or Wall permit to build or replace any fence or wall. However, there are stipulations regarding building materials, size, and location of your fence. For example, it isn’t permitted to build fences with barbed wire, spire tips, sharp objects, or electric currents within 100 feet of any residential area or residential zoning district without the Director's authorization and review of hazards.

The type of fence you’re planning to build also impacts whether a permit is needed. A privacy fence — typically made of wood and with little to no light passing through — of a maximum of six feet in your backyard is usually allowed without a permit provided you’re in a residential area.

A different type of fence, like the electrified ones we mentioned earlier, on the other hand, will likely require a permit regardless of location, although there may be some instances where it’s not needed.