⚠️ The Short Answer
In Florida, fences under 6 feet are generally exempt from state building permit requirements — but this exemption does not apply if your property is in a Special Flood Hazard Area (SFHA), a Coastal Barrier Resources System (CBRS) zone, or a municipality with its own stricter rules. Read the full page before assuming you're exempt.
Florida's Statewide Fence Exemption: What the Building Code Actually Says
Florida is one of relatively few states that sets a statewide building permit threshold for residential fences. Under the Florida Building Code (FBC), Section 105.2, certain minor structures are exempt from the permit requirement, and residential fences under 6 feet tall are included in this exemption — with conditions.
The exemption reads, in plain language: a fence that is not more than 6 feet in height does not require a building permit under the Florida Building Code. However, this is the statewide minimum exemption. Local jurisdictions — counties and municipalities — are permitted to adopt stricter rules, and many have.
| Situation | Permit Required? | Authority |
|---|---|---|
| Fence under 6 ft, no special conditions | Generally exempt | Florida Building Code §105.2 |
| Fence 6 ft or taller | Required | All Florida jurisdictions |
| Any fence in a FEMA flood zone (A, AE, VE) | Required | NFIP / local floodplain ordinance |
| Any fence in a CBRS area | Required + federal review | Coastal Barrier Resources Act |
| Fence in a historic district | Required | Local historic preservation ordinance |
| Electric or barbed wire fence | Required | All Florida jurisdictions |
| Pool barrier/safety fence | Required | Florida Building Code §454 |
The Flood Zone Exception: Why Your "Under-6-Foot" Fence May Still Need a Permit
This is the most important exception that most Florida homeowners miss. If your property is located in a FEMA Special Flood Hazard Area (SFHA) — typically shown as Zone A, AE, AH, AO, or VE on FEMA Flood Insurance Rate Maps (FIRMs) — any fence installation requires a permit and floodplain review, regardless of height.
The reason is structural: solid fences in flood zones can act as barriers that redirect floodwaters onto neighboring properties, increase water velocity, or trap debris. Florida's local floodplain ordinances (required to maintain eligibility in the National Flood Insurance Program) require that fences in SFHAs either be designed to allow water flow-through or be demonstrated not to impede floodwaters.
How to check your flood zone status:
- Visit msc.fema.gov and enter your address
- Check the FIRM panel — your property's flood zone label is shown
- Zones A, AE, AH, AO, VE = permit required for any fence
- Zone X (shaded) = moderate risk area — check with your county
- Zone X (unshaded) = minimal risk — statewide exemption typically applies
📌 Florida Counties with High Flood Zone Exposure
Miami-Dade, Broward, Palm Beach, Pinellas, Hillsborough, Lee, Collier, and Volusia counties all have large portions of their residential areas within SFHAs. If you live in coastal Florida or near any major waterway, verify your flood zone before assuming the exemption applies.
The CBRS Exception: Federal Restrictions That Override State Rules
The Coastal Barrier Resources System (CBRS) is a federal program administered by the U.S. Fish and Wildlife Service that limits development in designated coastal barrier areas. CBRS units exist along Florida's Atlantic and Gulf coasts, including portions of the Florida Keys, the Southwest Gulf Coast, and the Space Coast.
If your property is within a CBRS unit, any fence installation — regardless of height — may require review under the Coastal Barrier Resources Act. Federal flood insurance is not available for properties in CBRS units, and certain federal permits (including Army Corps of Engineers Section 10/404 permits for work near waterways) may also apply. Check your property at fws.gov/cbra/maps.
County-by-County Fence Permit Rules in Florida
Below is a summary of the top-searched Florida counties. All of these counties follow the statewide under-6-ft exemption as a floor, but many add local requirements on top.
Miami-Dade County
Miami-Dade follows the Florida Building Code exemption for fences under 6 feet, with important exceptions. The county requires a permit for any fence in a flood zone (a large portion of Miami-Dade is in AE or VE zones). Front yard fences in most residential zoning districts (RU-1, RU-2) are limited to 4 feet. Fences in coastal high-hazard areas (VE zones) require a permit and must be designed to allow passage of floodwaters.
Contact: Miami-Dade Building Department, (786) 315-2000. Online permits: ePermits.miamidade.gov
Hillsborough County (Tampa)
Hillsborough County follows the statewide exemption for fences under 6 feet outside flood zones. Fences in flood zones A or AE require a Floodplain Development Permit. The City of Tampa has its own building code that largely mirrors the county but adds historic district restrictions in Ybor City, Hyde Park, and other designated areas.
Contact: Hillsborough County Development Services, (813) 272-5600.
Orange County (Orlando)
Orange County exempts fences under 6 feet from permit requirements in non-flood zones. Fences on corner lots that impede sight lines at intersections require a review regardless of height. The City of Orlando has separate rules and requires a permit for fences over 4 feet in front yards.
Contact: Orange County Building Division, (407) 836-5550.
Broward County (Fort Lauderdale)
Broward County has a significant coastal flood zone footprint. The county follows the under-6-ft exemption, but given the extensive AE and VE zone coverage, a large percentage of Broward homeowners will need a permit. Broward also has 31 municipalities with their own building departments — the City of Fort Lauderdale, Hollywood, Pompano Beach, and others may have stricter rules than the county.
Contact: Broward County Development and Environmental Regulation Division, (954) 765-4400.
Palm Beach County
Palm Beach County follows the statewide exemption. However, numerous municipalities within the county — Boca Raton, West Palm Beach, Delray Beach — have their own permitting rules. The City of Boca Raton, for example, limits fence height in front yards to 4 feet and requires permits for all fences in the Intracoastal overlay district.
Contact: Palm Beach County Building Division, (561) 233-5100.
Pool Safety Fences: A Separate Permit Always Required
Florida Statute §515 and Florida Building Code §454 require a barrier (including fencing) around all residential swimming pools. This barrier permit is separate from a general fence permit and has specific requirements: minimum 4-foot barrier height, self-closing and self-latching gates, no openings that allow a 4-inch sphere to pass through, and no climbable features on the pool side. This requirement applies regardless of whether your fence would otherwise be exempt from permitting.
HOA Rules in Florida: They Layer On Top of Permit Exemptions
Florida has significant HOA activity — the state has some of the highest HOA participation rates in the country. Your HOA's Covenants, Conditions, and Restrictions (CC&Rs) may require HOA approval for any fence, regardless of whether a county permit is needed. Common Florida HOA fence restrictions include:
- Fence height limits lower than the county's (3 ft or 4 ft in many HOAs)
- Approved materials lists (often only aluminum or white vinyl in view from the street)
- Required fence color or style
- Prohibition on chain-link or wood fences facing street-facing sides
- Required setback from the property line (even if county allows 0 ft)
Under Florida Statute §720.3035, HOAs may not arbitrarily deny requests for fences that are consistent with the community's general architectural scheme. If your HOA rejects your fence plan, you have the right to request a written explanation and may request mediation through the Florida Division of Condominiums, Timeshares, and Mobile Homes.
Free: Fence Permit Application Checklist (PDF)
Covers flood zone checks, HOA pre-approval steps, site plan requirements, and county-specific contacts for Florida.
⬇ Download Free PDFFrequently Asked Questions — Florida Fence Permits
Not always. The Florida Building Code sets the statewide minimum exemption, but municipalities may adopt stricter rules through local ordinances. Cities like Miami Beach, Coral Gables, and others have local codes that require permits for fences regardless of height in certain zones. Always check with your specific city or county building department, not just the state rule.
Visit msc.fema.gov and search your address. Your property's flood zone designation is shown on the FEMA Flood Insurance Rate Map (FIRM). Zone letters beginning with A or V indicate a Special Flood Hazard Area where a fence permit is required. You can also call your county's floodplain administrator — most Florida counties have a dedicated contact for floodplain questions.
The exemption covers fences under 6 feet — meaning a fence that is exactly 6 feet (72 inches) typically requires a permit in most Florida jurisdictions. The exemption is for fences "not more than 6 feet," which is interpreted differently by different counties. In practice, most building departments treat a 6-foot fence as requiring a permit. If in doubt, apply for one — the cost is modest and the protection is significant.
CBRS (Coastal Barrier Resources System) units are federally designated coastal areas where most federal financial assistance — including federal flood insurance — is prohibited. If your property is within a CBRS unit, fencing and other development may be subject to additional restrictions. Check fws.gov/cbra/maps. Most residential suburban properties in Florida are not in CBRS units, but coastal and island properties may be.
Under Florida Statute §720.3035, HOAs must apply fence restrictions uniformly and may not arbitrarily deny a fence that is consistent with the community's general architectural character. Request a written denial with the specific CC&R provision cited. You may request dispute resolution through the Florida Division of Condominiums, Timeshares, and Mobile Homes (myfloridalicense.com) before pursuing legal action.