FENCE RULES – CUTLER BAY (TOWN), FLORIDA
OVERVIEW
Residential fences are permitted on private property within Town of Cutler Bay, subject to local regulations.
The Town of Cutler Bay regulates residential fences through the Code of Ordinances, primarily Chapter 3, Land Development Regulations, including Section 3-168, Walls, Fences and Hedges, Section 3-161, Visibility at Intersections, Drives and Driveways, and Section 3-42, Recent Property Survey Required. Fence permitting is also administered through the Department of Community Development, Building Division.
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 the Town of Cutler Bay Community Development Department, Building Division, Planning & Zoning Division, Code Compliance Division, Code of Ordinances, and Fence Permit Checklist as of April 2026.
GOVERNANCE
The Town of Cutler Bay is the governing authority for residential fence regulation within the Town.
The Department of Community Development includes the Planning & Zoning Division, Building Division, and Code Compliance Division. The Building Division administers building permits, plan review, inspections, and certificates of occupancy. The Planning & Zoning Division administers the Town’s Land Development Regulations and provides zoning review and inspections for building permits. The Code Compliance Division enforces the Town’s Code of Ordinances.
The Town does not publish a separate standalone residential fence code. Fence rules appear in the Land Development Regulations, the Fence Permit Checklist, survey requirement forms, and visibility addenda used during fence permit review.
PERMIT AND APPROVAL REQUIREMENTS
• Fence Permit: The Town of Cutler Bay Fence Permit Checklist treats fence work as permit work administered by the Building Division. A fence permit submittal includes a Permit Application, fence detail and material type, property survey, site plan showing the location and dimensions of the proposed fence, a Sunshine Network ticket number, an addendum to fence permit when applicable, and the required review fee.
• Owner-Builder Affidavit: An Owner-Builder Affidavit is required when applicable.
• Survey Requirement: For fence installation, the Town requires a recent property survey. A survey less than 6 months old is required unless the owner submits an accepted affidavit for a survey older than 6 months but not exceeding 3 years.
• Post-Construction Survey: At completion, the property owner is required to submit an as-built survey documenting that the work was built in accordance with approved plans.
• Topographic Survey: A post-construction topographic survey is required when the work changes the drainage pattern of the property.
• Zoning Review: The Planning & Zoning Division provides zoning review and inspections for building permits.
• Zoning Compliance: Building permit requirements are separate from zoning, setback, or plat requirements. Confirm any applicable zoning conditions, setbacks, and plat requirements with Planning & Zoning Division before construction.
FENCE PLACEMENT RULES
• Property Lines: Walls, fences, and hedges may be placed on property lines, but may not extend into a right-of-way or beyond property lines.
• Rights-of-Way: Fences, walls, and hedges may not extend into the public right-of-way.
• Utility Easements: Any encroachment of a wall, fence, or hedge into a utility easement must be supported by a letter from the respective utility authorizing the encroachment before the building permit is obtained.
• Drainage: No wall, fence, or hedge may be constructed or installed in a manner that interferes with drainage on the site.
• Shared Property-Line Walls: If a wall is to be placed on a shared property line, consent for construction must be obtained from the adjoining property owner or owners.
• Survey and Site Plan: Fence permit materials require a property survey and a site plan showing the location and dimensions of the proposed fence.
• As-Built Survey Review: The fence permit addendum states that an as-built survey may be required at the owner’s expense if there is a concern that the fence or wall encroaches on neighboring properties, easements, or public right-of-way.
• 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 Front Yards: In residential districts, walls, fences, and hedges may not exceed 4 feet in height in front yards, measured from final grade.
• Residential Side and Rear Yards: In residential districts, walls, fences, and hedges may not exceed 6 feet in height in side and rear yards.
• Safe Sight Distance Triangle: The safe sight distance triangle may not contain obstructions to cross-visibility at a height of 2½ feet or more above pavement. The code lists potential obstructions to include structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, signs, walls, and fences.
• Fence Permit Addendum: The fence permit addendum states that fences and walls that obstruct vision may not exceed 2½ feet in height when located within the right-of-way or the safe sight distance triangle. Section 3-168 separately states that fences, walls, and hedges may not extend into the right-of-way.
MATERIAL AND CONSTRUCTION LIMITS
• Residential Material List: The code does not publish a complete list of all permitted materials for standard residential fences. The fence permit checklist requires the applicant to submit fence detail and material type.
• Finished Side: Walls and fences must be erected with the finished side outward.
• Chain-Link Location: In residential zoning districts, chain-link fences may not be located beyond the front facade of the building. Chain-link fences are permitted only along interior side property lines and rear property lines that are not adjacent to a right-of-way.
• Visible Chain Link: Any chain-link fence visible from off-site must be concealed by landscaping.
• Barbed Wire: Barbed wire or similar material is prohibited in all applications.
• Wall and Fence Finish: All walls and fences must be maintained in good, clean, and finished condition.
• Common Walls or Fences: A continuous wall or fence owned by multiple property owners or held in common ownership must be of uniform construction and materials, and its exterior must be maintained in good, clean, and finished condition for the entire length.
• CBS Walls: Each side of a CBS wall must be completely finished with stucco and paint.
• Decorative Masonry Walls: Each side of a decorative masonry wall must be completely painted in a neutral earth-tone color uniform with the entire length of the wall. Walls made of decorative brick and natural stone may be left unpainted if the cement and grout are finished on both sides.
• Chain-Link Coverings: Chain-link fences may not have cloth, fabric, canvas, silt screens, mesh, plastic cross mats, or similar material applied unless permitted as a temporary construction fence by the Building Department.
• Temporary Construction Fence: A temporary construction fence is not permitted on a property without an active building permit.
PRIVATE RESTRICTIONS
Private restrictions operate independently from Town fence permitting and code review. The Town’s Building FAQ states that a building permit may be obtainable without providing an HOA approval letter to the Building Department, but deed restrictions may still affect whether the project may be completed, and an HOA may require project approval before work begins.
The Land Development Regulations also state that no public agency is responsible for enforcing private deed restrictions or restrictive covenants.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Fence Permit Review: Review of the permit application, fence detail and material type, property survey, site plan, Sunshine Network ticket number, and applicable fence addendum.
• Zoning Review: Review by the Planning & Zoning Division for compliance with the Land Development Regulations during the building permit process.
• Height Review: Review of the 4-foot front-yard and 6-foot side- and rear-yard residential height limits.
• Visibility Review: Review of fences, walls, and hedges within the safe sight distance triangle and other visibility-sensitive locations.
• Encroachment Review: Review of possible encroachment into neighboring property, rights-of-way, or easements, including as-built survey review when required.
• Utility Easement Review: Review of utility authorization letters when a wall, fence, or hedge encroaches into a utility easement.
• Drainage Review: Review of fence, wall, or hedge placement that may interfere with on-site drainage.
• Material and Maintenance Review: Review of chain-link placement, finished-side orientation, prohibited materials, temporary construction fences, and wall or fence maintenance.
• Code Compliance: The Code Compliance Division enforces the Town’s Code of Ordinances through complaint investigation, approved inspection techniques, and community-wide inspections.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within Town of Cutler Bay, 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 Town of Cutler Bay Department of Community Development and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Town of Cutler Bay staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.