FENCE RULES – FERNANDINA BEACH (CITY), FLORIDA
OVERVIEW
Residential fences are permitted on private property within City of Fernandina Beach, subject to local regulations. For properties located outside City of Fernandina Beach municipal limits, Nassau County regulates fences in unincorporated areas.
The City of Fernandina Beach Land Development Code contains the principal fence standards. Chapter 5 addresses fence heights, boundary documentation, materials, and pool enclosures; Chapter 7 addresses intersection and driveway visibility; Chapter 8 addresses historic-district and Community Redevelopment Area review; and Chapter 11 requires permits for new fences and walls. The Building Department administers permit and Florida Building Code procedures, while the Planning and Conservation Department administers the Land Development Code.
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 Fernandina Beach Land Development Code, City of Fernandina Beach Code of Ordinances, Building Department and Online Permitting materials, Planning and Conservation Department materials, Downtown Historic District Design Guidelines, Old Town Preservation and Development Guidelines, Florida Building Code materials, Chapter 2026-63, section 556.105 of the Florida Statutes, and Florida Building Commission local-amendment records as of July 2026.
GOVERNANCE
The governing authority is the City of Fernandina Beach.
The City does not rely on a single standalone fence ordinance. Standard residential fence rules appear primarily in the Land Development Code, including section 5.01.10, Fences and Walls; section 7.01.08, Visibility at Intersections; the historic-district and CRA provisions in Chapter 8; and the development-permit procedures in section 11.03.07.
The Planning and Conservation Department administers the Land Development Code and local development review. The Building Department administers permit procedures and Florida Building Code compliance. The Code Enforcement Department addresses code compliance within the city limits.
The 8th Edition (2023) Florida Building Code remains the current effective edition. The Florida Building Commission’s 2023 local-amendment search returned no records for the City of Fernandina Beach. The Florida Building Code remains independently relevant to pool fencing and the City’s permit administration.
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 and Wall Permit: Land Development Code section 11.03.07 states that permits are required for new construction of fences and walls, subject to the administrative procedures of the Florida Building Code.
• Permit Survey: Property lines must be established by a survey prepared by a surveyor licensed in Florida no more than 2 years before the date of the permit application to install or construct a fence.
• Common Property Line Consent: A fence or wall proposed on a common property line requires the written consent of the adjacent property owner.
• Historic and CRA Approval: A Certificate of Approval is required before permits are issued for applicable work on historic landmarks, properties in designated historic districts, and properties in the CRA Overlay. Fences and walls are assigned to staff review, and the City’s current application states that staff-level fence review may be submitted with the building permit.
• Pool Barriers: All pools must provide fencing or enclosures that comply with the Florida Building Code.
FENCE PLACEMENT RULES
• Property Lines: The code does not specify a separate setback requirement for standard residential fences from property lines. A fence or wall proposed on a common property line requires written consent from the adjacent property owner, and the permit application must use a qualifying survey to establish the property lines.
• Clear Visibility Triangle: Within the required visibility triangle at intersecting rights-of-way, private driveways, or a combination of the two, no fence or wall may be placed or maintained where it obstructs visibility.
• Municipal Golf Course Lots: On residential lots in the R1-G district adjacent to the municipal golf course, no fence is allowed within the golf course maintenance easement. The easement extends up to 25 feet from the lot line bordering the golf course, or the lesser area shown on the recorded plat.
• Old Town Rights-of-Way: The Old Town Preservation and Development Guidelines state that fences and walls are not allowed within the identified public right-of-way area.
• Environmentally Sensitive Lands: Fence construction is an allowable use where no fill is required and the fence does not impair navigation, access to water or vegetation, or wildlife corridors.
• 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
• Front Yard Height: In the RE, R1-G, R-1, RLM, R-2, R-3, OT-1, OT-2, and MU-1 districts, the maximum fence or wall height is 4 feet in the front yard, measured from the required front-yard setback line to the front property line.
• Side Yard Height: In those districts, the maximum height is 6 feet in the side yard, measured from the required front-yard setback line to the required rear-yard setback line.
• Rear Yard Height: In those districts, the maximum height is 6 feet in the rear yard, measured from the required rear-yard setback line to the rear property line.
• Height Measurement: Fence and wall height is measured from 2 inches above the natural topography to the top of the panel, picket, or wall. Support posts or columns may extend no more than 6 inches above the top of the panel, picket, or wall.
• Visibility Area: The protected vertical space within the clear visibility triangle extends from 18 inches to 10 feet above the nearest edge of street pavement or the nearest edge of the riding surface of an unpaved street. A fence or wall may not obstruct visibility within that space. The horizontal dimensions are determined under the current FDOT Design Manual based on traffic control and roadway design speed.
• Downtown Historic District: The Downtown Historic District Design Guidelines limit front-yard fences and new metal fences to 4 feet. Solid-board fencing is limited to backyards and must be less than 6 feet high.
MATERIAL AND CONSTRUCTION LIMITS
• Support Orientation: Horizontal and vertical support posts must face the inside of the fenced area unless the fence is designed with finished surfaces on both sides using alternating vertical supports.
• Electrified Fences: Electrified fences are prohibited.
• Barbed and Razor Wire: Barbed wire, razor wire, and similar fencing are allowed only in the I-1, I-2, I-A, and PI-1 districts and therefore are not allowed for standard residential fencing.
• Historic District Materials: Fences in designated historic districts must be compatible with the historic style and character of the district and must not be vinyl. The Downtown guidelines identify compatible wood, metal, and brick work; require front pickets to be less than 3 inches apart and less than 4 inches wide; and discourage chain link and other nontraditional fencing. The Old Town guidelines identify wood, stone, masonry, and metal as appropriate materials, prohibit vinyl, and discourage chain link and other nontraditional fence styles.
• Protected Tree Roots: The root systems of protected trees must be preserved when fences and walls are installed. Postholes and trenches near trees must be adjusted to avoid major roots, and continuous masonry-wall footers must end where larger roots are encountered so the roots can be bridged.
• Maintenance: The Code of Ordinances requires fences and exterior gates to be maintained in good condition. Exterior wood must be protected from decay, and gate hardware and latches must remain in good working condition.
PRIVATE RESTRICTIONS
HOAs, covenants, subdivision restrictions, deed restrictions, private easements, architectural-review covenants, recorded agreements, and other private restrictions operate independently of City of Fernandina Beach 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, architectural, covenant, or other private 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 new fence or wall construction has the permit required by Land Development Code section 11.03.07 and includes the required recent survey.
• Boundary and Consent Review: Whether the survey establishes the property lines and whether written adjacent-owner consent is provided for work proposed on a common property line.
• Height and Yard Location: Whether the fence complies with the 4-foot front-yard and 6-foot side- and rear-yard limits applicable in the listed residential districts and with the City’s height-measurement method.
• Visibility: Whether a fence or wall obstructs the clear visibility triangle between 18 inches and 10 feet above the street reference elevation.
• Historic and CRA Properties: Whether staff-level historic review and a Certificate of Approval are completed and whether the fence complies with applicable Downtown or Old Town design standards.
• Site-Specific Conditions: Whether the project affects a municipal golf course maintenance easement, an Old Town right-of-way area, environmentally sensitive lands, or protected tree roots.
• Pool Barriers: Whether a fence used as a pool barrier complies with the Florida Building Code.
• Maintenance and Utility Safety: Whether fences and gates remain in good condition and whether required Sunshine 811 notice and positive-response checks are completed before excavation.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within City of Fernandina Beach, 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 Fernandina Beach Planning and Conservation Department and Building Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Fernandina Beach staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.