Fence Building: Legal Considerations and Permits

Landscaping is supposed to be fun–that’s why you hire professionals to do all the dirty work for you. That said, when planning out your landscaping, it’s important to consider its legal aspects. While you’re not typically prohibited from much, fence building may require permits or compliance with other legal requirements, so it’s imperative to consider them before you build. Common Legal Requirements and Permits for Fence Building Legal requirements for building a fence vary depending on location, local laws, zoning ordinances, and homeowners associations (HOA). Still, five common requirements to consider when building a fence are height, permits, setbacks, property lines, and HOA rules. You don’t always need a permit for fence building, but you should confirm. The maximum fence is typically six feet, but there may be exceptions. The height allocation may differ if the fence is within fifteen feet of a street line or curb, in the front yard, or impairing traffic sight distances. Similarly, local ordinances may require a minimum distance between the fence, property lines, or other structures so they don’t interfere with public utilities or emergency services. Other people you may need to work with regarding fence building are your neighbors and your HOA. Though you don’t typically need your neighbor’s permission to build a fence entirely on your property, you should be aware of your property boundaries. Additionally, you want to check with your HOA before building, as they may have specific rules about fence materials, style, height, and color. Fence Building Permits Permits may be required when building a fence taller than six feet or made of brick, stone, or concrete, regardless of height. Building permits may also be required for larger fencing projects to ensure compliance with local regulations. The precise location of your fence–district-wise and where exactly in your yard it is–may also be a reason for required permits. It’s recommended to work with a fence-building professional because they are familiar with local requirements. Fence Building Tips–Dealing With Neighbors and Property Lines The truth is that fence building can be tricky if you don’t get along well with your neighbors. That said, they often can do nothing about your fence if it’s entirely on your property. However, it can be helpful to draw up a legal contract with your neighbors if necessary to protect yourself from further disputes or legal action about the closeness of your fence to their fence or property. It’s common courtesy to let your neighbors know that you’re building a fence so they know that fence builders may briefly enter their yard. But other than that, you don’t owe them much–you don’t need to face the good side of the fence towards your neighbor. They do not own and cannot make changes to “their side” of the fence without your permission, and they cannot attach anything to or lean anything on your fence without permission. Regarding property lines, it’s best to confirm the boundaries before you start building. This helps mitigate any problems with neighbors and aids you in complying with local regulations specifying where you can build your fence. To confirm the boundaries, you can order a land survey. To find your local fence building regulations, start with the planning and permitting department. How to Find Local Fence Building Regulations to Ensure Compliance It’s much easier to comply with regulations when you know what they are. You can start by contacting the planning and permitting department at the city or county level to determine if the laws apply to you. You can also search for laws by state on FindLaw, though your local authority or HOA may have more specific requirements. Some common fence codes are property lines, height and opacity, and appearance and aesthetics. Generally, there are fewer fence-building restrictions in rural areas because fewer views are likely obstructed by fence installation than in urban or developed areas. Many property line codes concern setbacks, sidewalks, roads, flood zones, and public access points. While some places allow you to build your fence right on the property line, you will likely have to negotiate with your neighbors. Height and opacity codes are more prevalent for corner lots, and appearance and aesthetics are mostly the concern of your HOA. Conclusion Overall, fence building doesn’t have to be difficult, but you should be prepared. You don’t want to get into legal trouble and lose money because you didn’t plan accordingly. Now, you can assess your yard armed with a fence-building foundation, which will make it easier to obtain permits and comply with local regulations. Fence-building professionals are always available to offer their expertise if you get stuck.