FENCE RULES – DELAND (CITY), FLORIDA

OVERVIEW

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

Fence standards appear primarily in the City of DeLand Code of Ordinances, Chapter 33, Land Development Regulations, Article III, Section 33-28.06, Fences and walls. The City’s fence submittal guidance also distinguishes between standard fences reviewed through Permit for Zoning approval and fences used as swimming-pool safety barriers, which require a Building Permit.

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 City of DeLand Code of Ordinances, Chapter 33 Land Development Regulations, City of DeLand Building Permits and Fence submittal guidance, Planning Division and Zoning Information materials, Certificate of Appropriateness materials, Code Enforcement materials, and Streets & Storm Water Maintenance materials as of April 2026.

GOVERNANCE

• Governing Authority: The City of DeLand regulates fences through its Code of Ordinances and Land Development Regulations.

• Fence Code Location: Fence-specific rules are found in Section 33-28.06, Fences and walls, within Article III, Accessory Uses and Structures.

• Permit Administration: The Building Division processes building permits and performs plan examination and inspection. The City’s fence guidance directs standard non-pool fences to Permit for Zoning approval and pool-barrier fences to Building Permit review.

• Zoning Administration: The Planning Division maintains zoning portions of the Land Development Regulations and is the zoning-information contact.

• Historic Review: The Historic Preservation Board and Planning Division administer Certificate of Appropriateness review for designated historic properties and Historic Districts when regulated work is involved.

• Fire Review Context: The chief of the fire department controls written approval for fences or walls proposed within 25 feet of a fire hydrant.

PERMIT AND APPROVAL REQUIREMENTS

Effective July 1, 2026, Florida’s HB 803, enacted as Chapter 2026-63, changes the building-permit framework for certain single-family residential work. The law requires local governments that issue building permits to 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. This building-permit exemption does not apply to work on property located partly or entirely in a Florida Building Code flood hazard area, and it does not apply to electrical, plumbing, structural, mechanical, or gas work. To qualify for the exemption, the owner or 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 exemption applies to the building-permit requirement. It does not by itself remove local zoning, fence, site, setback, survey, easement, right-of-way, drainage, visibility, floodplain, historic/design, Certificate of Appropriateness, pool-barrier, HOA/private-restriction, or other non-building-code requirements that may apply to a fence project. Because this legislation is new, local governments may update how fence, building, zoning, and site-review procedures are routed. The reviewed-by date on this page reflects the permit and approval orientation found in the official materials at that time. Before relying on the building-permit exemption or beginning work, property owners should ask the receiving building or permitting department how to file the exemption request and should also confirm with planning, zoning, or other applicable local staff whether any separate fence, zoning, site, historic/design, floodplain, easement, visibility, or other approval is required.

• Fence Permit: A permit is required to locate, erect, construct, replace, reconstruct, or alter a fence or freestanding wall in any zoning district within City of DeLand.

• Standard Non-Pool Fences: For a fence that is not used as a swimming-pool safety barrier, the City’s fence submittal guidance requires only a Permit for Zoning approval.

• Pool Barrier Fences: A Building Permit is required for a fence used as a swimming-pool safety barrier. The fence must meet Section 4501.17 of the Florida Building Code – Residential.

• Fence Plans: Submittal materials must show the fence location, height, length, and materials used. The Land Development Regulations also require the drawing to show the fence or wall location, height, type, compliance with Article III, and setbacks from property lines and structures.

• Electrical Plans: Electrical plans are required when applicable.

• Notice of Commencement: A Notice of Commencement is required for any fence with a valuation over $5,000 and must be submitted before permit issuance.

• Historic Properties and Districts: A Certificate of Appropriateness is required before any other required permit when the fence work is part of regulated exterior alteration or new accessory-structure work on a designated historic property or within a designated Historic District.

FENCE PLACEMENT RULES

• Property Lines: Residential uses are allowed to have fences and walls adjacent to property lines when the fence or wall meets the height limits in Section 33-28.06(d).

• Property-Line Setback: 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.

• Plan Setbacks: Fence drawings must indicate setbacks from property lines and structures.

• Fire Hydrants: No freestanding wall or fence may be located within 25 feet of a fire hydrant without written approval of the chief of the fire department.

• Fire Access Limitation: The chief of the fire department may not grant approval for a wall or fence within 25 feet of a fire hydrant when the wall or fence would hinder firefighters or firefighting equipment.

• Street and Driveway Visibility: Fences and walls must comply with the clear-visibility-triangle standards for street intersections and driveway/street intersections.

• 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

• Front and Street-Side Yard Areas: In the R-R, R-R1, R-1AA, R-1A, R-1B, R-1, R-2, P-1, and C-2A districts, a freestanding wall or fence located within the front yard setback area or street side yard setback area may not exceed 4 feet in height, except as part of fencing around the perimeter of a subdivision.

• Other Yard Areas: In the R-R, R-R1, R-1AA, R-1A, R-1B, R-1, R-2, P-1, and C-2A districts, all other freestanding walls and fences may not exceed 6 feet in height.

• Height Measurement: Fence or wall height is measured from the original grade closest to the property where the wall is constructed.

• Berm Combination: When the Chief Building Official determines that a berm will not damage vegetation, plant life, or trees, the height requirement may be met with a combination of an earthen berm and a fence or wall, but the combination may not exceed the maximum height allowed for the zoning district.

• Visibility Triangle: Within the clear visibility triangle, nothing may be erected, placed, parked, planted, or allowed to grow in a manner that materially impedes vision between 2 feet and 10 feet above grade, measured at the centerline of the intersection.

• Driveway Triangle: At a driveway/street intersection, the clear visibility triangle is measured from the intersection of each side of the driveway and the public right-of-way line, with two sides of each triangle 10 feet long and the third side connecting their endpoints.

• Street Intersection Triangle: At street intersections, the clear visibility triangle is governed by the referenced FDOT Roadway and Traffic Design Standards Index No. 546, as amended.

MATERIAL AND CONSTRUCTION LIMITS

• Permitted Materials: Freestanding walls and fences must be adequately secured, designed to withstand reasonable stresses, and constructed from permitted materials or combinations of permitted materials.

• Wood: Wood is permitted, except slash bark, if it is a rot- and termite-resistant species or is chemically treated or painted to resist rot and termite attack.

• Metal: Steel posts, wire, other metal fabrication, and ornamental iron are permitted.

• Concrete and Masonry: Concrete and masonry are permitted. Masonry-clad polystyrene or a similarly structurally durable product is permitted with City Engineer approval.

• Vinyl and Prefabricated Materials: Vinyl, prefabricated, and ornamental materials are permitted.

• Native Vegetation: Native vegetation may be used in lieu of a fence or wall when it is existing and in good condition, is at the required height for the zoning district, and provides at least an 80 percent visual screen.

• Prohibited Materials: Electrically charged materials, barbed wire for standard residential fences, rubble, scrap iron, bottles, junk, and similar materials are prohibited.

• Support Orientation: Fence or wall support and bracing must be placed toward the interior of the property on which the wall or fence is located.

• Maintenance: The owner must maintain the freestanding wall or fence.

PRIVATE RESTRICTIONS

• Private Covenants: Homeowners’ associations, deed restrictions, covenants, easements, and private architectural rules operate independently from City of DeLand fence regulations.

• More Restrictive Rules: Private restrictions may be more restrictive than City standards and may regulate placement, height, materials, color, style, or approval procedures even when the City code allows the fence.

REVIEW AND ENFORCEMENT CONTEXT

Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:

• Zoning Permit Review: Standard non-pool fences are reviewed through the Permit for Zoning approval process.

• Pool Barrier Review: A fence used as a swimming-pool safety barrier is reviewed through Building Permit requirements and applicable pool-barrier standards.

• Plan Review: Fence review includes the submitted location, height, length, materials, setbacks from property lines and structures, and electrical plans when applicable.

• Notice of Commencement Review: A fence with a valuation over $5,000 requires a Notice of Commencement before permit issuance.

• Visibility Review: Fence and wall placement may be reviewed for compliance with the clear visibility triangle at street intersections and driveway/street intersections.

• Fire Access Review: Fence or wall placement within 25 feet of a fire hydrant requires written approval from the chief of the fire department.

• Historic Review: A Certificate of Appropriateness is required before other required permits when regulated fence work affects a designated historic property or a property within a designated Historic District.

• Code Enforcement: The Code Enforcement Division reviews complaints by receiving a complaint, verifying whether a violation exists, and determining the route to compliance.

USING THIS INFORMATION

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