FENCE RULES – CALLAWAY (CITY), FLORIDA

OVERVIEW

Residential fences are permitted on private property within City of Callaway, subject to local regulations. For properties located outside City of Callaway municipal limits, Bay County regulates fences in unincorporated areas.

The City of Callaway does not publish a separate consolidated fence code. The principal local standards appear in Appendix A – Land Development Regulations, including Sections 15.750.5 and 15.750.5(a)-(b) for ordinary fences, walls, and hedges; Sections 15.680.6(b) and 15.755.9 for swimming-pool barriers; and Sections 15.715.4, 15.715.12(d), and 15.715.16(b) for flood-hazard and regulated-floodway conditions. Building Services, Planning, Public Works, Floodplain Management, and Code Enforcement materials provide the related administrative context.

This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted code or ordinance materials do not state a specific limit or requirement, this page notes that the code does not specify one. If no local code or ordinance is available in the approved source packet, this page notes that the jurisdiction does not publish the relevant standard in the referenced published materials.

Compiled From the City of Callaway Code of Ordinances, Appendix A – Land Development Regulations, Building Services Frequently Asked Questions, Building Permits and Planning materials, Pool Development Order Application, Right-of-Way/Easement Construction Agreement, Floodplain Management and Code Enforcement materials, Florida Building Commission code and local-amendment records, the 8th Edition (2023) Florida Building Code, Chapter 2026-63, and applicable Florida Statutes as of July 2026.

GOVERNANCE

The City of Callaway regulates residential fences through its land-development, building-administration, floodplain, right-of-way, and code-enforcement framework.

• Primary Local Authority: The City of Callaway Planning Department administers the Land Development Regulations, zoning information, development applications, and related site-review materials.

• Building Administration: The City contracts with EP Consultants, Inc. (EPCI) to receive building-permit applications, review plans for code compliance, issue permits, and perform inspections.

• Floodplain Administration: The Floodplain Administrator administers the flood-hazard provisions. Floodplain-management records are maintained through Public Works/Planning.

• Right-of-Way Administration: The City of Callaway Public Works Department publishes the Right-of-Way/Easement Construction Agreement for approved improvements proposed within City rights-of-way or easements.

• Code Enforcement: The City of Callaway Code Enforcement Department addresses code conditions principally through complaint-generated enforcement.

• Florida Building Code and Local Amendments: The 8th Edition (2023) Florida Building Code remains the applicable statewide edition. A Florida Building Commission search for 2023 local amendments returned no records for the City of Callaway.

PERMIT AND APPROVAL REQUIREMENTS

Effective July 1, 2026, Florida’s HB 803, enacted as Chapter 2026-63, changed the building-permit framework for certain work on single-family residential property. A local government that issues building permits must exempt an owner of a single-family dwelling, or the owner’s contractor, from the requirement to obtain a building permit for work valued at less than $7,500 on the owner’s property. The exemption does not apply to work on property located partly or entirely in a flood hazard area as defined by the Florida Building Code, or to electrical, plumbing, structural, mechanical, or gas work performed on property containing a single-family dwelling. A construction project may not be divided into multiple projects to evade this rule. To qualify, the owner or the owner’s contractor must submit a written exemption request to the local enforcement agency with a contract or other documentation showing the nature and value of the work.

This statutory exemption concerns only the requirement to obtain a building permit. It does not eliminate separate requirements involving zoning, fence permits, setbacks, surveys, easements, rights-of-way, drainage, visibility, floodplain review, historic or design review, Certificates of Appropriateness, pool barriers, HOA approval, covenants, or other site-specific restrictions that may apply to the property.

The statute does not classify every fence project as structural or nonstructural. Unless the local permitting authority has published specific guidance for fence work under HB 803, whether a particular fence project qualifies for the valuation exemption depends on the nature of the work, the property location, and the applicable local permitting process.

• Building-Code Permit Context: The applicable Florida Building Code includes a building-permit exemption for fences not over 7 feet high. City of Callaway does not publish a general local permit or approval requirement for standard residential fences in the referenced published materials.

• Local Fence Permit Publication: Land Development Regulations Section 15.680.6(c), titled “Fences, Walls,” is reserved. The Building Services FAQ directs applicants to contact the permitting office with a description of the proposed work for a permit determination, but neither source states a general local permit or approval requirement for standard residential fences.

• Swimming-Pool Barrier Permit: For swimming-pool construction, Section 15.680.6(b) requires an appropriate permit for the fencing or safety barrier. The City also publishes a Pool Development Order Application for the pool-review process.

• Flood-Hazard Development Permit: An owner proposing development wholly or partly within a flood hazard area must apply to the Floodplain Administrator, and to the Building Official when applicable, and obtain the required permit or approval. The Code expressly includes certain fences within its regulated-floodway provisions.

• Right-of-Way/Easement Process: The Public Works Department publishes a Right-of-Way/Easement Construction Agreement for approved structures, walls, gates, signs, or vegetation proposed within a City right-of-way or easement. The standard fence rule separately requires that a fence qualifying for the within-10-foot exception must not encroach into a public right-of-way or easement.

FENCE PLACEMENT RULES

• Right-of-Way Separation: A fence, wall, or barrier structure may not be placed within 10 feet of the right-of-way unless it satisfies the limited exception in Section 15.750.5(b).

• Within-10-Foot Exception: A fence or wall may be located within 10 feet of the right-of-way only when it is 4 feet or less in height, does not encroach into public rights-of-way or easements, does not block motor-vehicle sight distance on adjacent roadways or at exit points, and is consistent with the character of the surrounding neighborhood.

• Property-Line Setbacks: The ordinance does not state a setback requirement for standard residential fences from property lines; however, fences must be located entirely on the owner’s property and must not encroach into rights-of-way or easements.

• Public Works Agreement: For an approved improvement within a City right-of-way or easement, the Right-of-Way/Easement Construction Agreement requires the approved location and type of improvement to be shown on an exhibit. Structures, walls, gates, signs, and vegetation other than grass may not be closer than 3 feet to the edge of roadway pavement, except where sidewalks exist, and the citizen accepts maintenance and removal responsibility. This agreement does not displace the Code’s no-encroachment condition for a standard fence under Section 15.750.5(b).

• Regulated Floodways: A fence in a regulated floodway that may block floodwaters, including a stockade or wire-mesh fence, must satisfy the floodway limitation requiring an encroachment analysis that demonstrates no increase in the base flood elevation.

• Utility Safety: Florida law requires notice through the statewide notification system commonly operated as Sunshine 811 before excavation or demolition. For fence projects that involve digging, drilling, augering, boring, grading, or other movement of earth on land, notice must be provided not less than 2 full business days before excavation begins. Member operators mark or otherwise respond regarding covered underground facilities, and the excavator must verify the system’s positive responses before beginning excavation where required. This statewide utility-notice framework is separate from local fence permitting, zoning, development approval, easement limits, right-of-way approvals, floodplain review, stormwater review, drainage review, historic or design review, HOA restrictions, and other applicable requirements.

FENCE HEIGHT AND VISIBILITY RULES

• General Maximum Height: The maximum height of a wall or fence is 8 feet.

• Front of Lot: No wall or fence exceeding 4 feet in height is allowed along the front of a lot.

• Near the Right-of-Way: A fence or wall within 10 feet of the right-of-way must be 4 feet or less in height and may not block motor-vehicle sight distance on adjacent roadways or at exit points.

• Height Measurement: Fence or wall height is measured vertically from the lowest point of natural ground level along the length of the fence or wall.

• Intersection Hedges and Shrubbery: Hedges and shrubbery are permitted within any yard, but within 20 feet of the intersection of two street right-of-way lines, or the intersection of those lines extended, they may not exceed 3 feet above established ground level.

MATERIAL AND CONSTRUCTION LIMITS

• Ordinary Fence Materials: The Code does not provide a closed list of permitted materials for standard residential fences.

• Prohibited Attachments: Roofing, beams, latticework, barbed wire, or another material or structure may not be attached to or placed upon a wall or fence.

• Finished Side: When a wall or fence faces a public road or access way, the finished side must face outward. For a wooden privacy fence, this means the paneled side faces the public road or access way.

• Maintenance: Fences and walls must be regularly maintained to preserve structural integrity, a neat appearance, and the aesthetic character of the neighborhood.

• Pool-Barrier Form and Height: A local swimming-pool safety barrier may take the form of a screened patio, wooden fence, wire fence, rock wall, concrete-block wall, or another material. The barrier must be at least 4 feet high and must enclose the pool area or the premises to restrict unrestricted entry. A premises abutting a waterway does not require a barrier along the side parallel to the waterway.

• Pool-Barrier Gates and Construction: Gates must use a spring lock so they automatically remain closed, must have an adequate lock, and must be locked when the pool is not in use. Wooden barriers must be non-climbable and impenetrable. Wire barriers must use 2-inch chain-link or diamond-weave non-climbable fencing, or an approved equal, made of heavy galvanized material.

• Shallow-Pool Exception: The local safety-barrier requirement does not apply to a pool fillable to a depth of no more than 30 inches.

PRIVATE RESTRICTIONS

HOA rules, architectural-review requirements, covenants, deed restrictions, subdivision restrictions, private easements, and other recorded agreements operate independently from City of Callaway fence regulations and may be more restrictive.

Effective July 1, 2026, section 720.3035(1)(c), Florida Statutes, as added by Chapter 2026-63, provides that an association or similar committee may not require issuance of a governmental building permit as a prerequisite to its review of structures or improvements. This provision does not eliminate HOA or architectural 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:

• Building-Permit Context: The Florida Building Code exemption for fences not over 7 feet high is the ordinary-fence fallback because the City does not publish a general local fence permit or approval rule.

• Height and Location: Review may address the 8-foot general maximum, the 4-foot front-of-lot limit, the 10-foot right-of-way separation rule, and the limited exception for fences 4 feet or less.

• Visibility: Review may address blocked sight distance on adjacent roadways or at exit points and the 3-foot hedge limit within 20 feet of intersecting street right-of-way lines.

• Pool Barriers: Pool-related review may address the required barrier permit, the 4-foot minimum barrier height, enclosure, gate, lock, and non-climbable construction standards.

• Flood-Hazard Areas: Development wholly or partly in a flood hazard area requires the applicable floodplain permit or approval. A stockade or wire-mesh fence in a regulated floodway may require a no-rise encroachment analysis.

• Materials, Orientation, and Maintenance: Review may address prohibited fence attachments, outward-facing finished sides along public roads or access ways, and structural and appearance maintenance.

• Right-of-Way and Easements: Review may address encroachment, the City’s published agreement for approved right-of-way/easement improvements, and the citizen’s maintenance and removal responsibilities under that agreement.

• Code Enforcement: The City of Callaway Code Enforcement Department addresses reported conditions under the City’s complaint-generated enforcement process.

• Utility Safety: Excavation for fence posts remains subject to the statewide Sunshine 811 notice and positive-response requirements.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within City of Callaway, based on the referenced published materials as of July 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, zoning approvals, zoning certifications, development approvals, Florida Building Code requirements, HB 803 exemption procedures, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, flood-hazard status, coastal conditions, stormwater requirements, drainage conditions, historic district status, design-review status, rural or agricultural context, pool-barrier use, Florida Building Code edition, local amendment status, Sunshine 811 utility-safety requirements, overhead utility-line safety, and private restrictions such as HOA covenants, deed restrictions, private agreements, or conservation easements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with the City of Callaway Planning Department, EP Consultants, Inc. (EPCI), and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Callaway staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.