A Primer on Residential Zoning Laws for Fences
August 27, 2019
Just because you own a piece of property doesn’t mean you can build whatever you want on it. Property owners still have to comply with zoning laws. This means something as simple as putting up fences in your backyard is subject to strict regulation. Here are the different aspects of a fence that are usually covered by local laws.
Fence Height
Before building a fence, you should find out what the maximum height limit is in your neighborhood. Normally, homeowners don’t need to apply for a building permit to put up fencing. If, however, you plan on exceeding the maximum height limit, you’ll need to apply for a permit.
Fence Location
You can put up a fence on any part of your property as so long as it isn’t near a public right of way like a sidewalk or a road.
Fence Opacity
The location of your fencing can also dictate its opacity or how much it can block the view of your home. Backyard fences are allowed to be fully solid while front-yard fences have to be at least 50% opaque.
Fence Material
Normally, there would also be limits on the kind of material you can use for your fencing. Some homeowner associations put in place these kinds of rules to make sure the neighborhood’s aesthetic remains consistent. This is to protect the neighborhood’s curb appeal and property value, which could be lowered by a fence that clashes with the neighboring houses.
If you’re having trouble working with the limited design options, consult an experienced contractor. Whether you need help with putting up a fence, it’s always a good idea to seek the help of a professional.
How to check the fence rules for your address
Fence rules are set locally, so the only reliable answer is the one for your exact lot. A little homework before you buy materials saves tearing a fence down later.
- Find out who governs your lot. Homes inside city limits follow the city’s rules. Homes in unincorporated parts of a county often have fewer rules, but deed restrictions can still apply.
- Read your HOA documents. Many associations set height, style and color, and which side of the fence faces out, and most want an application before work starts.
- Confirm your property line. Your closing papers usually include a survey. Building a few inches onto a neighbor’s land is a common and costly mistake.
- Look for easements. Utility easements along back and side lines can limit what you build there, and a utility may need access through a gate.
- Call 811 before you dig. The free call-before-you-dig service arranges for buried lines to be marked, so a post hole does not hit a gas or power line.
Corner lots often carry extra limits so drivers can see around the corner. We also cover fence permits in more detail here.
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