FENCE RULES – CLEWISTON (CITY), FLORIDA

OVERVIEW

Residential fences are permitted on private property within City of Clewiston, subject to local regulations.

For properties located outside City of Clewiston municipal limits, Hendry County and Glades County regulate fences in unincorporated areas.

The City of Clewiston Code of Ordinances places the principal residential fence standards in section 110-524, Fences, Walls and Hedges. Related permit, visibility, historic-preservation, floodplain, public-easement, and fee provisions appear in other parts of the Code and in materials published by the Community Development Department.

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 Clewiston Code of Ordinances, Supplement No. 9, the City permitting, Community Development, Planning and Zoning, Code Enforcement, Site Plan Checklist, and Right-of-Way Work Permit materials, Chapter 2026-63, Florida Building Commission materials, and section 556.105, Florida Statutes, as of July 2026.

GOVERNANCE

The governing authority is the City of Clewiston.

The Community Development Department administers building permits, inspections, plan review, zoning, land-development regulations, and Florida Building Code administration. Under section 110-524, the Building Official issues fence permits and reviews the required plot plan or survey.

The Public Works Director administers the limited permit process for fences proposed within eligible stormwater easements. The Floodplain Administrator administers development review in mapped flood hazard areas. The City Commission acts on specified fence-height exceptions and on Certificates of Appropriateness when commission approval is required for regulated historic-property work.

The current statewide code is the 8th Edition (2023) Florida Building Code. A Florida Building Commission search for 2023 local amendments returned no matching records for the City of Clewiston.

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.

• Fence Permit: The Code establishes a general City permit requirement for residential fences. A permit is required before a person erects, moves, adds to, or structurally alters a fence, and the Code states that a building permit is required for construction of a fence or wall. Fence permits are issued to the property owner or to a licensed or bonded contractor acting as the owner’s agent.

• Plot Plan and Survey: The application must include a sketch or plot plan showing property lines, easements, rights-of-way, utility lines, structures, existing fences and walls, and all proposed fence locations. When the exact property-line location is uncertain, the Building Official requires a survey prepared by a licensed surveyor.

• Published Fence Fee: The City’s Tax and Fee Schedule lists a $65 fence fee.

• Zoning Review: The Planning and Zoning function reviews building-permit and development applications for compliance with the City’s Zoning Code. Fence permit review therefore includes the applicable standards in section 110-524.

• Stormwater-Easement Permit: A fence ordinarily may not encroach into a public easement. The Public Works Director may issue a separate permit for a fence within an easement limited to stormwater use when the fence will not interfere with drainage. The owner must provide an accurate drawing and execute a recordable agreement acknowledging the City’s and utility providers’ removal rights. General-purpose easements and rights-of-way are not eligible for this process.

• Floodplain Review: Development activity wholly or partly within a mapped flood hazard area requires the applicable permit or approval from the Floodplain Administrator and the Building Official when applicable. In a regulated floodway, a fence that may block floodwater, including a stockade or wire-mesh fence, must be supported by the required floodway analysis demonstrating no increase in the base flood elevation.

• Historic Properties: For a property individually listed on the City register of historic places or contributing to an approved historic district, a Certificate of Appropriateness is required for regulated exterior alterations. The Code expressly identifies installation or removal of an exterior wall as a regulated activity; it does not separately identify ordinary fence installation in that list. The Community Development Director determines applicability and may issue staff approval when the stated criteria are met.

FENCE PLACEMENT RULES

• Property Lines: 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.

• Rights-of-Way, Alleys, and Easements: Fences, walls, hedges, and trees must not encroach into a City road right-of-way, alleyway, or public utility easement. The limited stormwater-easement permit described above does not authorize fences in general-purpose easements or rights-of-way.

• Neighboring Fences: A fence may abut a neighboring fence at the property line, but it may not be attached to the neighboring fence.

• Drainage, Parking, and Public Services: A fence, wall, or hedge may not interfere with drainage. A fence also may not block required off-street parking or interfere with City or public-utility service.

• Utility Access: The rear portion of a fence, wall, or hedge must include a 3-foot opening or gate providing reasonable access for meter readers and other utility personnel.

• 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

• Residential Front-Yard Setback Area: A fence or hedge located within the front-yard setback may not exceed 4 feet above the existing ground grade measured before site alteration.

• Residential Side and Rear Setback Areas: A fence or hedge located within a side- or rear-yard setback may not exceed 6 feet above the existing ground grade measured before site alteration.

• Visibility at Driveways: At each side of a driveway where it meets a street right-of-way, a clear-visibility triangle extends at least 10 feet along the driveway pavement and 10 feet along the public right-of-way. The triangle must provide unobstructed visibility between 24 inches and 6 feet above the crown of the adjacent roadway.

• Visibility at Street Intersections: On property adjoining the intersection of two street rights-of-way, the clear-visibility triangle extends at least 25 feet along the edge of pavement of each street. Fences, walls, and hedges may not obstruct traffic visibility within the required area.

• Safety or Hazard Exception: A fence required by a governmental agency for protection from a hazard may exceed the stated height limits when the City Commission approves the exception.

• Pergolas, Trellises, and Arbors: These related yard structures are exempt from the residential fence-height limits but may not exceed 8 feet high or 8 feet wide, require a building permit, may not be located within a visibility triangle, and are limited to one per lot or parcel.

• Swimming-Pool Enclosures: A swimming pool must be within a screened cage or enclosed on all open sides by a fence that is at least 4 feet and not more than 6 feet above the existing ground grade.

MATERIAL AND CONSTRUCTION LIMITS

• Durability: Fence and wall posts and materials must resist decay, corrosion, and termite infestation. Wood posts must be pressure-treated for strength and durability.

• Finished-Side Orientation: A fence or wall adjacent to a public right-of-way or private road must place the finished side toward that right-of-way or road. A fence or wall separating privately owned parcels must place the finished side toward the adjacent private property.

• Electrical Fences: Electrical fences and electrical-shock security devices are prohibited. The Code allows low-voltage buried pet fences.

• Barbed Wire: Barbed wire is prohibited on residentially zoned property.

• Pool Gates: A gate that forms part of a pool fence or screened enclosure must have a safety lock.

• Temporary Fences: Temporary fences require review and approval by the Building Official and remain subject to the ordinary location, height, maintenance, and relocation rules. A temporary fence may not remain permitted for more than 2 years.

• Nonconforming Fences: A lawful nonconforming fence may continue when it has not been found detrimental to public health, safety, and welfare and is maintained in good condition. It may not be enlarged, changed to another nonconforming structure, structurally altered to prolong its life, re-erected after removal, or re-erected after damage when the estimated expense exceeds 50 percent of its appraised replacement cost.

PRIVATE RESTRICTIONS

HOA covenants, deed restrictions, subdivision restrictions, private easements, architectural-review requirements, and other recorded private agreements operate independently of City of Clewiston 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 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:

• Permit Review: Whether a fence was erected, moved, added to, or structurally altered under the required City permit and whether the application includes the required plot plan or survey.

• Placement and Access: Whether the fence remains within the property boundaries, avoids prohibited encroachments, preserves drainage and required parking, and provides the required rear utility-access opening or gate.

• Height and Visibility: Whether a residential fence complies with the applicable 4-foot front-yard or 6-foot side- and rear-yard limit and preserves the driveway and intersection visibility triangles.

• Materials and Orientation: Whether fence materials meet the durability standards, the finished side faces the required direction, and prohibited electrical or residential barbed-wire fencing is absent.

• Stormwater Easements: Whether a fence proposed in an eligible stormwater easement has the Public Works Director permit, accurate drawing, recorded agreement, and required access conditions.

• Floodplain and Floodway Review: Whether fence work in a flood hazard area has the required floodplain approval and whether a floodway fence that may block floodwater satisfies the no-increase analysis.

• Historic-Property Review: Whether regulated exterior work on a listed or contributing historic property requires a Certificate of Appropriateness.

• Pool-Barrier Review: Whether a pool enclosure satisfies the local fence-height range and safety-lock requirement together with any independently applicable Florida pool-barrier provisions.

• Temporary and Nonconforming Fences: Whether a temporary fence remains within its approved period and whether a nonconforming fence is being maintained, altered, removed, or re-erected consistently with the Code.

• Utility Safety: Whether excavation for fence posts or related work followed the statewide notification and positive-response process.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within City of Clewiston, 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 Clewiston Community Development Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Clewiston staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.