NextPermit

By Maria Rossiter · NextPermit.org · Florida Building Code · Fences · Residential

Short answer: it depends on your county and city. At the state level, Florida does not require a permit to build a fence on your own property. But that doesn’t mean you can just put one up. Most counties and municipalities in Florida have their own requirements — and in many places, including Miami-Dade, Broward, Orange, and Lee County, a fence permit is required for most new installations.

The cost of skipping that permit is real: daily fines ranging from $250 to $500, stop-work orders, and in some cases a forced removal of the fence you just paid to install. It can also create serious problems when you sell your home.

“The state doesn’t require a fence permit. Your city probably does. Those are two very different things.”

What Florida State Law Actually Says

At the state level, a permit is generally not required to build a fence on your property. However, some counties and municipalities have specific regulations that do require permits for fence construction. This is where most homeowners get tripped up — they read the state rule and assume it applies everywhere. It doesn’t.

Florida’s permitting system is decentralized. Each of the state’s 389+ jurisdictions sets its own rules. The state provides a baseline, but your city or county building department has the final word.

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Where a Permit Is Required

Based on official county documentation, here’s what the major South Florida counties require:

Miami-Dade County

A permit is required for fence construction in Miami-Dade. Licensed contractors or owners acting as owner-builders may obtain the permit. An owner-builder may obtain a fence permit but will be required to sign a form acknowledging their responsibilities. Additionally, all non-masonry building fence permits such as wood and metal slat require a post hole foundation inspection prior to setting the posts.

Broward County

In most cases, a permit is necessary for installing or replacing a fence in Broward County. The process requires zoning approval before plans can be submitted to Building Code Services. If your job value is $2,500 or more, you will be required to file a Notice of Commencement. For many fence types, you will also need to submit an HOA approval letter with your permit application.

Notice of Commencement — required by Florida state law for most projects valued at $2,500 or more, regardless of county. The threshold may vary slightly by jurisdiction (Miami-Dade sets it at $5,000 for some project types).

Palm Beach County

Palm Beach County also has regulations and permit requirements for fence installations, typically permitting fences up to six feet in height in residential areas. A plot plan or survey showing the proposed fence location is required with the application.

Orange County

Orange County requires a permit for fence construction. Applications are submitted through the county’s online portal.

Hillsborough County — an exception

In Hillsborough County, fences made out of PVC, wood, or chain link do not require a building permit. However, wall permits are required. This is one of the notable exceptions — but you still need to call the zoning department to check for any restrictions before building.

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Height Rules — What the Code Says

Florida building code generally requires that fences be built no taller than six feet. Front yard fences usually need to be under four feet tall. In some cases, a fence up to eight feet tall can be approved by local authorities.

At the county level, restrictions get more specific. In Broward County unincorporated areas, the maximum is 6 feet in the rear and 4 feet in the front. An 8-foot fence requires a special variance. In Fort Lauderdale, front yard fences must be at least 50% transparent.

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Pool Fences — Always a Permit, No Exceptions

If your fence is related to a swimming pool, the rules are different and stricter. Pool fences must meet specific safety codes and always require permits due to child safety regulations. Florida law requires that pools be completely enclosed by a barrier that prevents unsupervised access by young children — and that barrier must be inspected and approved.

This applies regardless of which county you’re in or what other exemptions might exist for regular fences. HB 803 does not change this.

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What Happens If You Skip the Permit

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What You’ll Typically Need to Apply

Requirements vary by city, but most permit applications for fences in South Florida require:

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The One Rule That Covers Every Situation

Before you buy materials, before you hire a contractor, before you do anything — call your local building department. Give them your address and describe what you’re planning. They’ll tell you exactly what’s required in your specific city or area.

This takes 10 minutes. Fixing an unpermitted fence takes months and costs real money.

⚠️⚠️ Permitting requirements vary significantly across Florida’s 389+ jurisdictions and change regularly. This article reflects general practices based on publicly available county documentation as of 2025–2026. Always verify current requirements directly with your local building department before starting any project. This does not constitute legal or professional advice.

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