FENCE RULES – BREVARD (COUNTY), FLORIDA
OVERVIEW
Residential fences are permitted on private property within Brevard County, subject to local regulations.
This page applies to properties in the unincorporated areas of Brevard County; incorporated municipalities regulate fences under their own ordinances.
Fence rules for unincorporated Brevard County appear in the Brevard County Code of Ordinances, including Chapter 22, Article VIII, Fence Construction, and the Land Development Regulations, including Section 62-2109, Fences, Walls and Other Obstructions.
This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.
Compiled From Brevard County Planning and Development Department, Brevard County Building Permits Residential Fence Permit Application, Brevard County Planning and Zoning Forms and Fees, Brevard County Contractor and Code Compliance Common Code Complaints, and the Brevard County Code of Ordinances as of April 2026.
GOVERNANCE
Fence regulation in unincorporated Brevard County is administered through the Brevard County Planning and Development Department.
The Building Permits function administers the residential fence permit process. The Planning and Zoning Office reviews zoning-related compliance, including fence-building-permit review. The Contractor and Code Compliance function handles code enforcement complaints.
The controlling fence provisions are found in Chapter 22, Article VIII, Fence Construction, and in the Land Development Regulations, especially Section 62-2109 for fence height, front setback, side-street setback, and sight-triangle limits.
PERMIT AND APPROVAL REQUIREMENTS
• Building Permit Required: A Residential Fence Permit is required for fence additions and for repair or replacement work, except that a permit is not required for repair or replacement of less than 50% of the fence when the work uses the same size, material, and location.
• Major Repair: Under Section 22-705, alterations and major repairs where more than 50% of the fence will be repaired, replaced, or altered are treated as new construction and must meet the requirements of Chapter 22, Article VIII.
• Emergency Repair Waiver: In the event of a declared state of emergency, the permitting requirements for fence repairs are waived for 90 days.
• Permit Submittal: The Residential Fence Permit page lists a property survey showing the proposed fence lines, fence height, and materials used. Section 22-706 also requires the exact fence location and proposed height to be shown on a boundary survey or other document sufficient for review.
• Zoning Review: Prior to issuance of a building permit, the proposed fence location and height must conform with the zoning classification, setbacks, and lot and street configuration for the parcel. The Planning and Zoning Office lists a Fence Building Permit review fee.
• Notice of Commencement: The Residential Fence Permit page lists a Notice of Commencement as required when the job value exceeds $5,000.00.
FENCE PLACEMENT RULES
• Property-Line Placement: The ordinance does not state a standard property-line setback requirement for residential fences; however, fences must be located entirely on the owner’s property and must not encroach into rights-of-way or easements.
• Setback-Related Height Limits: Fence placement is affected by height limits in the required front setback and, on certain corner lots, in required side-street setbacks. These limits are stated in the height section below.
• Permit Review: Before a fence permit is issued, the proposed fence location and height must conform with the parcel’s zoning classification, setbacks, and lot and street configuration.
• Utility Easements: Where a property owner plans to fence or enclose a utility easement, Section 22-706 requires the owner to agree, as a permit condition, to hold the county and utility companies harmless if the fence or enclosure is removed or destroyed during utility or right-of-way work.
• Subdivision Walls and Fences: For subdivision walls or fences constructed with subdivision improvements, the Land Development Regulations require construction on private property along subdivision frontage, prohibit placement within public right-of-way, and require approval of location, size, and materials by the land development section.
• Utility Safety: Florida law requires notice through Sunshine 811 before excavation or demolition. For fence projects that involve digging, including fence post holes, notice generally must be given at least 2 full business days before excavation begins on land.
FENCE HEIGHT AND VISIBILITY RULES
• Residential Zoning Height Limit: In any residential zoning classification, no fence or solid wall may exceed 6 feet in height, except where a more restrictive rule applies.
• Wood Fence Cap Allowance: Wooden fencing in residential zoning may be built up to an additional 3 inches above the stated height limit to allow linear cap features along the top edge and airflow along the bottom edge. Decorative cap features up to 8 inches in height may be added at vertical fence post locations.
• Abutting Commercial or Industrial Property: Where a residential lot abuts property zoned commercial or industrial, a fence may be erected to a height not exceeding the height otherwise permitted on the abutting commercial or industrial lot.
• Sight Triangle: No obstruction, including fences, walls, hedges, signs, or other structures, may exceed 3½ feet in height within the sight triangle of a street intersection. For this rule, the sight triangle is at least 10 feet in length along a local road or bike path and at least 30 feet in length along a collector or arterial road.
• Front Setback: In residential zoning classifications, fences or walls may not exceed 4 feet in height within the required front setback.
• Corner Lot Side-Street Setback: In residential zoning classifications, fences or walls may not exceed 4 feet in height within the required side-street setback on a corner lot that is contiguous to a key lot less than 100 feet in width. Where 6-foot side-street fencing is allowed, it may not extend toward the subject lot’s front lot line beyond a point even with the forward-most edge of the residential structure, excluding snout garages, porches, or other protruding features.
• Double-Frontage Lots: On double-frontage lots other than a corner lot or waterfront lot, a 6-foot fence may be placed on the rear property line adjacent to an arterial or collector road. This exception does not apply if the abutting houses face or have access to the arterial or collector road.
• Berms and Grade: Berms within the front setback, or within 25 feet of a street intersection, used with fences or walls are included in the fence or wall height restriction. The parcel’s grade may not be altered to increase the apparent height of the fence.
• Height Measurement: Fence height is measured from the finished grade of the property adjacent to the highest point of the fence. Fences on property lines or parallel to property lines are measured from the lowest grade on either side of the property line.
MATERIAL AND CONSTRUCTION LIMITS
• Approved Fence Materials: Fences in the unincorporated county must conform to one or a combination of the approved fence types listed in Section 22-703.
• Wood Fences: Wood fences must be constructed of rot- and termite-resistant wood species or wood chemically treated to resist rot and termite attack. All portions of a wooden fence must display the finished side on the outside.
• Wire Fences: Wire fences must use posts of pressure-treated wood or non-corrodible metal and a fabric of at least 12½-gauge galvanized or other non-corrodible metal.
• Other Permitted Materials: Ornamental iron and PVC material are listed as permitted fence types.
• Prohibited Residential Wire: Barbed tape, razor tape, razor wire, and concertina barbed wire are prohibited for residential fencing.
• Maintenance: A fence may not become dilapidated or structurally unsound. The code defines this to include a fence missing boards or materials, or leaning more than 20% from vertical so that it no longer serves its function or aesthetic purpose or presents a danger of flight or destruction during severe weather.
PRIVATE RESTRICTIONS
Private restrictions operate separately from county fence rules.
• HOAs and Covenants: Homeowners’ associations, deed restrictions, subdivision covenants, architectural controls, and recorded private agreements may impose fence rules that are more restrictive than Brevard County regulations.
• Independent Enforcement: Private restrictions are not replaced by a county fence permit or county zoning review.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Permit Review: Fence additions and repair or replacement work requiring a Residential Fence Permit.
• Repair Threshold: Fence repair or replacement involving 50% or more of the fence, or work that changes size, material, or location.
• Location Review: Fence placement and height conformity with zoning classification, setbacks, lot configuration, and street configuration.
• Visibility Review: Fences, walls, hedges, signs, vegetation, or other obstructions that block traffic visibility or exceed the 3½-foot sight-triangle limit.
• Height Review: Residential fences exceeding 6 feet, fences exceeding 4 feet where the required front setback or applicable side-street setback limit applies, or fences placed under a double-frontage exception.
• Right-of-Way and Easement Review: Fences placed in rights-of-way, median tracts, utility easements, or other areas where the code restricts placement or requires easement-related review.
• Material Review: Fence materials outside the types listed in Section 22-703, or prohibited residential wire such as barbed tape, razor tape, razor wire, or concertina barbed wire.
• Maintenance Review: Fences that are dilapidated, structurally unsound, missing materials, or leaning more than 20% from vertical.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within Brevard County, based on publicly available materials reviewed as of April 2026.
In addition to local fence rules, certain Florida laws apply statewide. See Statewide Fence Laws in Florida.
It is not legal advice and does not replace official ordinances, permits, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, and private restrictions such as HOA covenants. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Brevard County Planning and Development Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Brevard County staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.