Hernando County, FL Fence Building Codes & Permits
Hernando County does not always require a building permit when erecting a fence. A permit is always required if the site is located within “Conservation, Historic, Landmark, SPI districts or other districts requiring a Special Administrative Permit.
Fences and walls which conform to the provisions stated herein shall be permitted by the Department of Environment and Community Development. Fences erected for agricultural purposes in the AG-1 District shall be exempt from permit requirements.
Easements: No structure with the exception of fences may be located in, or otherwise obstruct any easement. Fences shall be permitted within easements subject to the receipt of written permission from the easement holder. Approval of the Zoning Administrator and applicable County Department shall be required for all fences proposed for placement in easements which are held by Hernando County.
Hernando County Fence and Wall Standards
Walls or fences shall be permitted in any zoning district and are not subject to setback requirements of this resolution, except that in a residential zoning district:
(1) Prior to construction, all fences and walls shall receive a permit in accordance with these regulations and the permitting requirements in effect at that time. Applications for a permit shall be accompanied by a fee, as set by the board of county commissioners. The county shall not inspect or approve the location of a fence in regard to property boundary issues and is not liable for the legal location of the fence.
(2) Material and workmanship. All construction shall be of acceptable and durable materials customarily used or marketed for fencing. Materials shall either be new or in new condition. All construction shall be installed with good workmanship. The posts of each fence shall be resistant to decay, corrosion or termite infestation.
(3) Maintenance. All fences and walls shall be maintained in a safe and sound manner.
(4) Height. The height of any fence or wall in front yards within any residential district area shall not exceed four (4) feet. The height of any fence or wall in side and rear yards within any residential district area shall not exceed eight (8) feet. Fences in the rear yard which are adjacent to waterfront areas, golf courses, common areas or similar open space areas shall have a maximum height of four (4) feet. These fences shall be chain link, split-rail, picket or of similar construction such that at least twenty-five (25) percent of the fence area is open and unobstructed when viewed at a right angle to the fence line.
(5) Front yard requirements. Fences in the front yard shall be chain link, split-rail, picket or of similar construction such that at least twenty-five (25) percent of the fence area is open and unobstructed when viewed at a right angle to the fence line. On corner lots, for the purpose of fence installation standards, one yard will be deemed the front yard, determined by the front entrance of the principal building location. The secondary yard will be required to maintain a nine-foot setback for fences over four (4) feet in height and exceeding seventy-five (75) percent opacity.
(6) Conformity of replacement fences or walls. If fifty-one (51) percent of the replacement value of a nonconforming fence or wall is destroyed or removed, the replacement fence must conform to this division.
(7) “Knuckles up.” The top of chain link fences shall have “knuckles up” (no twisted sharp ends) in residential district areas.
(8) Variances for PDP’s. When reviewing a planned development project (PDP), the board of county commissioners may approve specific fence or wall provisions which vary from the provisions of this fence code.
(9) Stockade fences. Stockade fences shall be installed with the rails to the enclosed areas. The smooth side shall face rights-of-ways or adjoining properties.
(10 a) Prohibition No fence or wall over two (2) feet in height that blocks any driver’s view shall be permitted within the clear-sight triangle of a driveway or street intersection. Any existing nonconforming fence or wall lying within the clear-sight triangle that blocks any driver’s view must be removed or altered.
(10 b) The following are prohibited in any residential district area:
(10 b-1) Electric fences;
(10 b-2) Barbed wire fences;
(10 b-3) Razor wire fences;
(10 b-4) Corrugated/scrap/sheet metal fences;
(10 b-5) Chicken wire fences;
(10 b-6) Fences and walls containing hazardous materials, broken glass, spikes, nails, barbs or any materials which can inflict pain or injury to any person or animal.
(11) No fence or wall shall be constructed in a manner that impedes drainage flow. However, fences may be constructed within utility easements. A fence owner is responsible for ensuring that access is available through the utility easement when access is required. Also, removal of such fences, if required, is the responsibility of the property owner at the owner’s expense.
(12) On lots that abut golf courses, rivers, or lakes, the maximum height for fences located in the rear yard, other than chain link fences, shall be four (4) feet. For chain link fences located in the rear yard, the maximum height shall be six (6) feet. All fences located in the rear yard shall be constructed so as not to impair sight lines.
(13) All loading bays and loading docks must be a minimum of 100′ from any single family residential district property line. Additionally, all loading bays and loading docks must be screened from view from the public right-of-way or single family residential district property line. Screening may include landscape plantings, berms, fences or walls.
(14) Fencing: A chain link fence or wall not less than six (6) feet in height and no greater than eight (8) feet in height shall be installed by the owner/operator of the communication tower. The fence shall be erected around the base of the communication tower and all accessory structures. In addition, all accessory equipment and structures shall be screened to an 80% opacity by natural vegetation or new landscaping that achieves the required opacity within one year of planting, which shall also be maintained for the life of the communication tower by the owner/operator. Where irrigation is not available, accessory equipment may be screened by an opaque fence. All anchor points of the guy wires of a guyed tower shall be fenced.
(15) No trash receptacles shall be located within the front twenty-five-foot setback or side ten-foot setback. Trash receptacles must be on a concrete or asphalt pad. Trash receptacles shall be screened from view by placement of a solid wood fence, masonry wall, or similar sight-obscuring, gated enclosure. Such screening is exempt from the provision of the fence ordinance for the minimum area necessary to adequately screen the trash receptacles.
Fences & Walls Cont.
(Revised September 2009) The Zoning Resolution (Section 700) and the Property Maintenance Ordinance (Section 14-301) contain requirements about the location, height, material, and maintenance of fences and walls on residential lots. In addition, the Development Regulations (Subsection 7.4.6) contain restrictions about the construction of fences and walls in a drainage easement. All of these requirements are applicable in the unincorporated areas of the county.
Fences proposed to be located in the rear yard must not exceed the maximum allowable height of 8 feet. Fences proposed to be located in the front yard must not exceed a maximum height of 4 feet. Materials used for fences in the front yard must be ornamental in design and constructed with materials such as brick, masonry, picket or split rail. Chain link or other woven wire fences are prohibited in a front yard. Corner lots have two (2) front yards and the same regulations and restrictions on fences in the front yard apply to the yard areas adjacent to both streets. Fences and walls are not allowed to be located in the street right-of-way. Although only a professional survey can determine the actual right-of-way boundary line, in most cases it is the area approximately 11 feet from the back of the curb toward the lot.
Fences and walls constructed after 27 April 1999 are not allowed in a drainage easement unless written permission from the county is given. For further information about fences and walls in drainage easements, please contact the Stormwater Plan Review Section of the Department of Planning & Development at 352.754.4057 between the hours of 8 am and 5 pm, Monday through Friday, except holidays. Drainage easements are indicated on Final Plats of subdivisions that are kept on file in the Real Estate Records Office of the Clerk of Superior Court.
Fences may be placed adjacent to or on side or rear property lines. However, it is recommended that adequate room be provided between the fence and the property line for maintenance purposes without having to access someone else’s property without their permission. Barbed wire and electric fences are prohibited on residential lots less than 3 acres in size. All damaged or missing portions of a fence need to be replaced with comparable materials and shall be attached to the existing portion of the fence. Fences cannot be externally braced by a means of support other than the intended posts or other structural members. Building permits are required for fences greater than 8 feet in height (and provided a height variance is granted by the Zoning Board of Appeals at a public hearing) and for walls that are greater than 4 feet in height.
Violations of fence and wall regulations may be reported by calling the Police Services Quality of Life Unit Complaint Hot Line at 352.754.4056
Frequently Asked Questions
Q. Where can I install a fence on my residential property? How tall can I build the fence? Is a permit required?
A. Each lot has a front, side and rear setback from the property line. Review the final plat of the subdivision to find the locations of these setbacks on the property. Although fences in the rear and side yards may be built up to the property line, it is highly recommended to offset the fence internally from the property line to allow room for maintenance to avoid crossing over to the adjacent property. Fences are allowed to be up to eight (8) feet in height in the side and rear setbacks. Each corner lot has two front yard setbacks, one from each right of way. Fences in the front yard setback are not allowed to exceed four (4) feet in height. A building permit is not required to install a fence 8 feet or less in height except a building permit is required for masonry and concrete walls which exceed 4 feet in height and function as a fence, screen, or barrier.
Q. Am I allowed to install a fence within a drainage easement on my property?
A. Possibly, although obstructions of any type including permanent structures are generally not permitted within drainage easements. Installation of fencing within a drainage easement requires approval by the Stormwater Plan Review Section.
Q. Is the homeowner required to be present at his/her residence during a scheduled inspection by a building inspector?
A. Either the homeowner or an adult representative must be present before an inspector can enter an occupied residence or fenced property. For inspection of an outside structure such as a deck, pool, or storage shed, the homeowner may place a note on the permit card granting the inspector permission to enter the property if he/she cannot be present during the inspection.
Fence Workshop™ supplies, installs and repairs the following fence styles in Hernando County, FL.
- Wood Privacy, Picket , Split Rail & Board
- Vinyl Privacy, Picket, Post & Rail
- Ornamental Metal, Steel, Aluminum & Wrought Iron
- Chain Link, Galvanized, Black Vinyl Coated, Temporary Panels
- Driveway Gates, Gate Openers, Access Control Systems, Entry Gates, Entry Systems
- Residential Fences, Commercial Fences, Security Fences, Dog Fences, Horse Fences
- Fence Installation, Fence Repair, Fence Rental, Contractors, Companies, Installers, Builders
(Fence Workshop™ is not responsible for the accuracy of this information. Visit Co.Hernando.fl.us and Municode.com for the most up-to-date information on Hernando County fence building codes and permit requirements.)
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