FENCE RULES – KEY WEST (CITY), FLORIDA

OVERVIEW

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

Local fence rules appear primarily in the City of Key West Land Development Regulations, especially Section 122-1183, Walls and fences, and Section 122-1406, Obstructions to visibility. Fence projects are also routed through the City of Key West Building Department and Permit and Licensing Business Center, with additional historic-district review through the Historic Architectural Review Commission when applicable.

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 City of Key West Code of Ordinances, City of Key West Land Development Regulations, Building Department, Planning Department, Permit and Licensing Business Center, Growth Management Division, Historic Architectural Guidelines, Comprehensive Plan, and Fence Permit Application Checklist as of May 2026.

GOVERNANCE

The City of Key West regulates residential fences through its Code of Ordinances, Land Development Regulations, Building Department, Permit and Licensing Business Center, Planning Department, and Growth Management Division.

The City does not use a single standalone residential fence code. The controlling local fence rules are located in Land Development Regulations Section 122-1183, with visibility standards in Section 122-1406 and swimming-pool barrier standards in Section 122-1185.

Within historic zoning districts or for designated historic properties, fence work is also subject to Historic Architectural Review Commission review and the City of Key West Historic Architectural Guidelines. The Comprehensive Plan and Growth Management materials place historic preservation, zoning, development review, building-code administration, and land-development review within the City’s broader growth-management framework.

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: The City of Key West publishes a Building Department fence permit application checklist. The checklist requires property, owner, contractor, qualifier, proof-of-ownership, valuation, lineal-footage, and detailed scope information, including the proposed fence height, design, and materials.

• Plans and Documentation: The checklist requires a property survey highlighting the proposed fence area, a sectional drawing, identification of any existing or proposed swimming pool, adjacent-neighbor approval for new 6-foot solid fences, and HOA approval where applicable.

• Local Code Basis: The checklist identifies Land Development Regulations Section 122-1183 and Section 122-1406 as applicable local provisions for fence permits.

• Building Permit Review: Section 122-1183 states that fences, walls, hedges, landscaped berms, and minor structures may be permitted in any district subject to issuance of a building permit.

• Zoning and Site Review: The published fence permit workflow is a Building Department permit that also reviews Land Development Regulation standards, placement, visibility, materials, swimming-pool status, private approvals where applicable, and site conditions shown on the survey.

• Historic-District Review: Fences in the historic district are subject to Historic Architectural Review Commission review as part of the permitting process. The Historic Architectural Guidelines state that HARC approval is required for fences, either new or replaced, and that HARC approval must be secured before a building permit is issued when a building permit is required.

• Notice of Commencement: The fence permit checklist states that a recorded Notice of Commencement is required for projects valued at $5,000 or more before scheduling the first inspection.

• Owner-Builder Form: The checklist states that homeowner-builders must submit a signed and notarized Owner-Builder Disclosure Form with the application.

FENCE PLACEMENT RULES

• Lot Placement: Fence standards state that fences must be erected on the applicant’s lot, must not extend into a public right-of-way, may abut a property line, and must not be located on any property line.

• Right-of-Way: Section 122-1406 states that no structure, planting, or similar item may be placed on City or public right-of-way without prior approval of the Planning Board and City Commission.

• Residential Yard Locations: Residential fence standards address front, rear, and side yard property-line locations, subject to the code’s separate rule that the fence remain on the applicant’s lot and not be located on the property line itself.

• Street Corners: Solid 6-foot rear and side yard fences are not allowed on property lines intersecting at street corners under the residential solid-fence standard.

• Traffic Visibility: Residential fences must be located to avoid traffic-visibility interference under Section 122-1406.

• Historic District Placement: In the historic district, 6-foot fences may begin from the rear of where the façade joins the front porch, or at least 10 feet from the front property line. Historic-district fence heights within required setback areas are subject to the same height restrictions as fences on the property line.

• 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

• Four-Foot Residential Fences: Solid or open fences not exceeding 4 feet may be permitted in residential front, rear, and side yard property-line locations when constructed of wood, rock, concrete block, chain link, or wrought iron, subject to the City’s placement and visibility rules.

• Six-Foot Open Residential Fences: Fences up to 6 feet may be constructed in residential front, rear, and side yard property-line locations if the upper 2 feet has openings of 50 percent or more.

• Six-Foot Solid Rear and Side Fences: Solid fences up to 6 feet may be constructed in residential rear and side yard property-line locations if they are not on property lines intersecting at street corners and adjoining property owners file written consent with the Building Department.

• Six-Foot Solid Front Fences: In SF and MDR districts, solid fences up to 6 feet may be constructed in the front property-line location only when all adjoining property owners file written consent, first-floor property owners whose properties face the proposed fence file written consent, and the Chief Building Official determines that the proposed fence is in harmony with surrounding properties and otherwise satisfies the Florida Building Code.

• Historic Front Fences: In the historic district, a picket fence up to 4 feet is permitted at the front of the structure. For corner-lot buildings, this height applies consistently on front and side elevations at least to the rear edge of the structure.

• Historic Side and Rear Fences: In the historic district, 6-foot picket fences may be permitted on side and rear property lines only. Solid 6-foot fences with abutting vertical boards are permissible on side and rear elevations when adjacent owners provide signed notarized statements of agreement.

• Historic Height Measurement: In the historic district, fence height is measured from the sidewalk on the front property line. If there is no sidewalk, height is measured from natural grade from the public right-of-way immediately adjacent to the front property line.

• Corner Visibility Triangle: On corner lots where a corner or front yard setback is required, no structure, fence, planting, or sign may interfere with traffic visibility between 2.5 feet and 10 feet above average grade within the triangular area formed by the adjacent curblines and a line connecting points 20 feet from the curbline intersection.

• General Visibility Hazard: No structure, vehicle, tree, planting, vegetation, sign, fence, or obstacle may be placed or retained in a manner that creates a traffic hazard or obstructs vision clearance at corners, curb cuts, or railroad crossings.

MATERIAL AND CONSTRUCTION LIMITS

• Citywide Residential Materials: The residential fence rule identifies wood, rock, concrete block, chain link, and wrought iron as materials for solid or open fences not exceeding 4 feet.

• Fence and Wall Construction: The Land Development Regulations define a fence as a manmade structure using intermittent posts supporting vertical or horizontal members made of wood, metal, chain link, or barbed wire. A wall may use brick, stone, or concrete block, and concrete block may be combined with decorative veneers such as brick, rock, stone, stucco, or other materials meeting accepted aesthetic performance criteria.

• Building Standards: Any wall or fence erected within the City must meet professionally accepted building standards and the regulations in Section 122-1183.

• Finished Face: In the historic district, fencing must be constructed so the finished face is toward the street or neighboring property.

• Historic Compatibility: In the historic district, the scale and character of a fence, posts, and gates must be compatible with the house and neighboring structures.

• Historic Prohibited Materials and Forms: In the historic district, chain link, unfinished block walls, reed fencing, and non-vertical fencing are not allowed.

• Historic Decorative Wood Fences: In the historic district, new decorative wooden fences with patterns cut out of the top portion are discouraged.

• Historic Gatehouses: In the historic district, gatehouses in conjunction with enclosed walls or fences are not allowed.

• Pool Barriers: If a fence functions as a swimming-pool barrier, the swimming-pool enclosure rules apply. City pool standards require pools to be completely enclosed by a fence or wall at least 4 feet high and constructed so it is not readily climbable by small children, with self-closing and self-latching gates or doors accessing the pool area.

PRIVATE RESTRICTIONS

Private restrictions operate independently from City fence rules. Deed restrictions, subdivision restrictions, HOA rules, and private covenants may be more restrictive than City requirements.

The City’s fence permit checklist separately identifies HOA approval where applicable, including locations such as Key West Golf Course and Truman Annex.

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: The Building Department reviews fence permit applications for property information, ownership, valuation, lineal footage, proposed height, design, materials, survey location, sectional drawing, swimming-pool status, neighbor approval when required, and HOA approval where applicable.

• Land Development Regulation Review: Fence permit review is tied to Section 122-1183 for fence and wall standards and Section 122-1406 for visibility standards.

• Historic-District Review: Fence work in the historic district is reviewed through HARC or historic-preservation staff as part of the City’s historic design-review process.

• Solid Six-Foot Fence Review: New 6-foot solid fences require adjacent-neighbor approval under the City’s fence permit checklist. The Land Development Regulations also require written consent for certain solid 6-foot rear, side, and front fence situations.

• Front-Yard Solid Fence Review: In SF and MDR districts, a solid 6-foot front fence requires the written consents and Chief Building Official determination described in the local fence standards.

• Visibility Review: Fences may be reviewed for corner visibility, traffic-visibility obstruction, curb-cut visibility, and other vision-clearance issues under Section 122-1406.

• Right-of-Way Review: Fences must not extend into the public right-of-way, and structures or plantings in City or public right-of-way require prior local approval.

• Pool-Barrier Review: Fence projects associated with an existing or proposed swimming pool are reviewed in relation to the City’s swimming-pool enclosure requirements.

• Code Compliance: Unpermitted construction and local code issues may be routed through Code Compliance or complaint-based code enforcement.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within City of Key West, based on publicly available source materials reviewed as of May 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 Key West Building Department, Permit and Licensing Business Center, and Planning Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Key West staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.