Do I need a permit to build a fence?

Fences provide a lot of things for your property!  They provide security, privacy, boundaries, and a way to corral your pets and kids in a safe space.

This is a topic we have to answer a lot because to some it doesn’t seem sensible that a fence would require a permit for many reasons, but it’s always best to double-check because the reasons for a permit are relevant. 

The answer is that your new fence will require a permit from your county or your city. There are cities/counties that do have exceptions.

In this article, we discuss everything you will need to know about a fence permit to help you move forward with your project! Read on below!

Is a permit needed to build a fence?

So our answer to this is typically yes, but in the world of development there are always exceptions! Here are some reasons on why you may or may not need a permit for your fence:

1. Location: The municipality or your governing body that reviews construction.  Is your property on county land and is it located away from city centers and neighborhoods?  This could be a great sign that a permit may not be needed.  If you are in a neighborhood with an HOA or in the city most likely you will need a permit. The bigger the city the more oversite is typically required and sometimes for good reason.
2. Safety: If your fence acts as a guardrail from a steep drop then a permit may be a very good idea.  You of course would want to hire a structural engineer to ensure it is designed properly but having it reviewed by the city and getting it permitted may be the best thing for your property if you ever decide to sell it in the future.
3. Height of the Fence: In many cities, if you go over a certain height you will need a permit. This comes back to safety again.  Fences are structures that can fall due to an array of situations so the municipality wants to ensure that they are designed, built, and inspected correctly.  In many cases, if you stay under that height restriction you will not need a permit.  A real field example is the permitting requirements for fences in the city of Scottsdale, AZ. If you stay under 3 feet then you do not need a permit.
4. Construction Type: What are you going to build the fence out of?  Many times, cities have requirements on the type of material you use because it can affect the overall appearance of an area.  Typically, this is a requirement for large cities and particular zoning areas.  If you are out of the city then this may not apply to you. But please be aware of this one because a city requirement could add dollars to your project because they only allow a specific type of stone or wrought iron to be used instead of chain link. If you are on a commercial property and need to store things in the back of your property these items will need to be screened from public view.
5. HOA: Is your house in an HOA or is your business in a business park? Then most likely they will have requirements for you to meet to build that fence and one of them most likely is to obtain a permit from the city.

Don’t forget if you have to demo a fence to put a new one up that too could also require a permit.  

Fence rules or codes to follow

If your city or county requires a permit most likely there are going to be codes on what type of fence you can install on your property. The codes will explain materials, height, locations, accessibility, how to deal with your neighbors, and more!

Typically going onto your city's website will provide a wealth of information. Using a search like “fence permit in City, State” should get you to the page that will everything in detail. If that doesn’t work giving the building department a call will also help.

To avoid doing this work a lot of fence contractors will either know what you can or can’t do in your area but the city always has the last say.

Fence Rules or codes to look out for

• Height
• Material Type
• Width
• Location compared to property line/right of way/buildings/easements/public/private utilities
• Color
• If a site plan is required
• Plans that require a professional stamp by civil/architect/structural

 

Image: Fence Permit Application Example

How to get a permit to build a fence?

The good thing about getting a permit for a fence is that they are typically the easier permits to get when it comes to new development!

When you are dealing with your city or county you typically will be interacting with the building department.

 

Image: Example Fence Building Permit Requirements

 

Here is what you will typically need:

1. A professional property survey to ensure you are installing the fence within your property.
2. A site plan of your property showing the following:
3. Your property line
4. Existing buildings
5. Location of new fence/existing fence
6. Existing Roadways
7. Address information
8. APN (Assessors Parcel Number)
9. Sq.ft of buildings
10. Length of fence
11. Scale of drawing
12. Vicinity map
13. North Arrow
14. And more! Check with your city to determine what else they need.
15. Fence details. Check with your city they could have a standard detail that you can reuse for your property saving you time and money.
16. Completed Application. Be sure to fill everything out and ask questions before submitting it.  Missing information could lead to delays in the review process.
17. Fees for the plan review and inspections. Fees can range from $30 to $300+! Many times there is a base fee and then a linear footage fee for the length of your fence, plus inspection fees.
18. If applicable signatures from your neighbors and any other forms the city requires. They are all different.

Steps for getting a fence permit

1. Once you have all of the drawings, applications and documents you will have to submit them to the city for review and approval.  Have your payment ready at the submittal time.   
2. You can typically submit these in person but if you are tech savvy you can submit these online to save a lot of time and you don’t even have to print anything out.
3. The city will review the documents and at the end may have comments that you will have to address. Refer to the next section for typical time frames for review.  If you do have to address comments then resubmit the comments and the permit should be provided.
4. Get your permit and start construction, then get an inspection if required. 

Many fence contractors have installed many fences in your city so they will know the process and will most likely submit for you. But if you need a site plan please reach out to us for a low-cost site plan preparation option.

 

How long does it take to get a fence permit?

The time it takes to get a fence permit can be over the counter (which means same day) or it could take up to a couple of weeks or more. If the city is really backed up the timeline can always be extended so it’s always important to ask that upfront. But let’s look at some cities' example time frames for further understanding

              Culver City, CA – 1-2 weeks

              Centennial, CO – 5 business days

              Miami-Dade County, FL – 1-2 business days

              South Portland, ME – 4 weeks +/-

As you can see the times can range wildly from city to city. So it’s best to keep this in mind for when you are building out your schedule. 

Again, many fence contractors will understand the process and can even get the permit for you typically at a cost.  If your installer doesn’t mention anything about a permit most likely they are not going to do it and are most likely do not have a contractor’s license.

What happens if you build a fence without a permit

 

Image: Stop Work Notice

Building a fence without a permit could cause some issues with your neighbors, HOA, as well as your city.

Here are some issues that could arise:

 

1. Fines: Your city inspector could drive by and notice that the fence was built without a permit. A report would be created and turned in to the city which would most likely send a warning to you via mail. You would have so many days to contact the city to rectify the issue.  If you do not rectify the issue promptly the city could impose fines to your property. In my experience, the fines take a long time to process.
2. Removal of fence: If you choose to rectify the issue with the city and you can’t conform to city standards and code then you may have to replace the fence and rebuild it with a permit.
3. Legal Issues: In the rare case you could be going to court for your unpermitted fence. This could come from the city, your neighbor, or an HOA. I can tell you from experience this is the last thing the city wants to do and will most likely work with you to rectify it.  But there is no saying what a wealthy nosey neighbor or HOA would want to do.
4. Selling the property:  When the time comes to sell your property this could be a red flag to potential buyers. They will be able to find the violation with the city and in the end, this could affect the time on the market and the selling price. Violations are public knowledge and searchable online in most jurisdictions.
5. Not insurable:  Your brand new fence that you spent a lot of money on may not be insurable to your homeowners insurance. So in the case of a natural disaster or an accident affecting your fence, you would be out of pocket for any repairs or replacement.

It’s always advisable to check with your city or county first to see what the requirements are.  Also, it’s a great time to talk with your neighbors to let them know of your intentions and about the work.  Great communication in construction always heads off many problems.

 

Can you put up a fence without a survey?

If you are planning to put up a fence on or next to your property line a survey is crucial to make sure you get it right! Without a property survey, many issues can arise. Here are some things that could happen without a survey:

1. You could build your fence and then your neighbor could order a survey and it is discovered that you built your fence on their property.  This will cost a lot of time and money and potentially time in court.
2. Your new fence might be placed in city right of way. If the city discovers this they can ask you to demolish it.
3. Your new fence could be placed within a utility easement.  Typically, they run 5’-10’ in width and are next to the right of way. If the utility owners decide to do work they will demolish your fence without asking any questions.
4. If there is no survey the city may not accept your application. Check with your city during the planning and investigation phase of your fence construction project.

Even if you can find property corners on your property it doesn’t mean they are always correct.  A professional survey is always the best option to ensure that you and everyone understand where the property lines are.

Fence with no survey real life scenario

A real-life example I ran into recently was when a commercial property was purchased and they had grand plans to extend the existing building closer to the residential property line. That residential owner did a survey and discovered that the existing wall was built 2’ into their property so the commercial property owner is going to lose 2’ of property and they would not be able to build the building they wanted to.

It’s generally not a good idea to put up a fence without a survey. A property survey helps to establish the exact boundaries of your property, which can prevent potential disputes with neighbors and ensure that you’re not encroaching on someone else’s land.

If your fence is well within your property and it is only for a small portion of the property, you will likely not need a survey if you have high confidence in the location of your property line.  Checking your city's assessors' maps is a good resource to get an understanding of where your property line (these are accurate to within 5’-10’).

In some areas, local regulations might require a survey before you can build a fence. Even if it’s not legally required, it’s often a good idea to get one to avoid future headaches. If you don’t have a survey, you might end up with a fence that’s not on your property line, which could lead to conflicts or even legal issues.   

             

Fence permit site plan

If you need plot plan or site plan assistance for your new fence project, please feel free to reach out to us if your jurisdiction does not require the drawings to be approved or professionally sealed.  At Property Site Plan we can knock that site plan out quickly and at a lower cost than most to get your fence project started quickly.

If you have any questions regarding what we can do please feel free to reach out to us on our contact page or check out our site plan options. We are always ready to assist and help you with any questions about your property.