Orange County, FL Fence Building Codes & Permits
Orange 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 Orange County.
Orange 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) Prohibited signs. The following exterior signs shall be prohibited within the LARS Overlay District: Temporary or permanent signage on fencing.
(2 a) Rural style and transparency. In keeping with the LARS Overlay District’s rural character, fencing is encouraged. Fencing styles within the front yard structural setback of all nonresidential projects shall be no less than fifty (50) percent transparent, and be of a split-rail, paddock, picket, or other approved rural or equestrian style, some examples of which can be found on Exhibit “B” hereto (barbed wire, razor wire, and chain link fencing shall be prohibited).
(2 b) Fencing materials. Fencing shall be fabricated from wood, aluminum, wrought iron, vinyl, brick, or other approved materials. Concrete masonry units (CMU) are prohibited as fencing material except for fence columns. Such columns shall be a minimum of twenty-four (24) inches in diameter, spaced a maximum of fifty (50) feet on-center. The columns shall incorporate a decorative cap feature and the surface must be covered in a stone or brick veneer. The trim of the columns shall replicate the principal structure. Chainlink, barbed, or razor wire fencing, in any configuration, is prohibited.
(3 a) Stormwater ponds. Stormwater ponds shall be designed to have sufficient side slope to avoid the need for security fencing.
(3 b) Fences. Coated or uncoated chain-link fence, wire mesh fence, barbed wire and wood fences shall not be allowed between buildings and rights-of-way.
(4 a) No fence or wall shall be erected so as to encroach into the fifteen (15)-foot for residentially and agriculturally zoned property, or twenty-five (25)-foot for commercially and industrially zoned property corner triangle at a street intersection unless otherwise approved by the county engineer.
(4 b) No barbed wire, razor wire or electrically charged fence shall be erected in any location on any building site in residential or office districts except for security of public utilities, provided such use is limited to three (3) strands and eighteen (18) inches, a minimum of six (6) feet above the ground. In addition, walls and fences erected in any office or residential district shall not contain any substance such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal.
(4 c) No barbed wire, razor wire or electrically charged fence shall be erected in any location on any building site in residential or office districts except for security of public utilities, provided such use is limited to three (3) strands and eighteen (18) inches, a minimum of six (6) feet above the ground. In addition, walls and fences erected in any office or residential district shall not contain any substance such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal.
(4 d-1) Barbed wire or razor wire may be incorporated into or as an extension of the height of permitted walls and fences in commercial and industrial districts provided such use is limited to three (3) strands and eighteen (18) inches, a minimum of six (6) feet above the ground. The maximum height of the wall or fence with the barbed wire or razor wire shall be ten (10) feet.
(4 d-2) Barbed wire may be permitted by special exception in residential and office districts as an extension of the height of permitted walls and fences along the property line separating the residential or office district from a commercial or industrial district where it is documented by substantial competent evidence that such an additional security measure is warranted or appropriate. The barbed wire fencing shall be subject to the criteria and dimensions set forth in subsection (d)(1).
(4 d-3) Barbed wire and similar field fencing shall be allowed on agriculturally zoned properties only when used for agricultural purposes; i.e., groves, grazing and boarding of animals.
(5) Except in R-CE, R-CE-2, and R-CE-5, fences and walls in residential and office districts may be created as follows: Limited to a maximum height of four (4) feet in the front yard setback. However, fences or walls located on arterial and collector roadways are limited to a maximum height of six (6) feet in the front yard setback.
(6) Fences and walls in agricultural, R-CE, R-CE-2, and R-CE-5 districts may be erected as follows: Limited to a maximum height of six (6) feet within the front yard setback. However, for chain link type fences on agricultural zoned properties, the maximum height is ten (10) feet.
(7) Fences and walls in commercial and industrial districts may be erected as follows: When a lot or parcel abuts two (2) intersecting streets and the rear property line of the lot or parcel abuts the side property line of another lot or parcel, no fence of wall in excess of four (4) feet high along the rear property line shall be allowed within twenty-five (25) feet abutting the street right-of-way line unless the adjacent property owner sharing the common lot line submits a notarized letter stating that he has no objection and there are no site distance visibility concerns.
(8) On any corner lot abutting the side of another lot, no part of any fence located within twenty-five (25) feet of the common lot line shall be nearer the side street lot line than the required front yard of such abutting lot unless the adjacent property owner sharing the common lot line submits a notarized letter stating that he has no objection and there are no site visibility concerns.
(9) On a lakefront lot, a fence or wall within the rear yard setback area shall be limited to a maximum height of four (4) feet, unless notarized letters from adjacent property owners are submitted stating that they have no objections to an increased fence height. However, the increased fence height is still subject to other applicable fence height limitations in the Orange County Code.
(10) A swimming pool, wading pool, jacuzzi, tennis court, spa or hot tub (including all appurtenances thereto, such as pool decks, security fences, screen enclosures, or pumps, but excluding lighting) shall be a permitted accessory use, provided that it complies with the following criteria: No fence enclosing a tennis court shall exceed ten (10) feet in height above finished grade level, unless the tennis court maintains a minimum ten (10) foot side yard setback and the minimum front and rear yard setbacks for the principal structure. However, in no instance shall such fencing exceed twenty (20) feet.
(11) In residentially zoned districts, the generator shall be screened from view by a wall, fence or hedge. In nonresidentially zoned districts, the generator shall meet commercial site plan requirements.
(12) A family day care home shall be a permitted use in all residential and agricultural zoned districts pursuant to F.S. § 125.0109, provided that a fence at least four (4) feet in height shall be placed around all outdoor recreation/play areas or outdoor use areas.
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 407.836.5600 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 407.836.3111
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 the following fence styles in Orange 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 OrangeCountyFL.net and Municode.com for the most up-to-date information on Orange County fence building codes and permit requirements.)
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