FENCE RULES – UNION (COUNTY), FLORIDA

OVERVIEW

Residential fences are permitted on private property within Union County, subject to local regulations.

This page applies to properties in the unincorporated areas of Union County; incorporated municipalities may regulate fences under their own ordinances.

Local fence rules appear primarily in the Union County Land Development Regulations, including section 4.2.12 for fences, walls, and hedges; section 4.2.25 for intersection and curb-break visibility; section 4.2.27 for yard encroachments; and Article 8 for flood-hazard administration. Published permit functions are administered through the Union County Building Department, Union County Planning & Development, and the Floodplain Administrator where applicable.

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 Union County Land Development Regulations, Union County Building Department and swimming-pool permit materials, Union County Planning & Development materials, the Florida Building Commission 2023 local-amendment search, the 8th Edition (2023) Florida Building Code, Chapter 2026-63, and applicable Florida Statutes as of July 2026.

GOVERNANCE

The governing authority is the Union County Board of County Commissioners. The Land Development Regulations apply throughout the unincorporated area of Union County.

The county does not publish a single standalone residential fence ordinance. Fence standards are distributed across the Union County Land Development Regulations, with administration and enforcement assigned to the Land Development Regulation Administrator.

The Union County Building Department publishes the county’s building-permit materials. The Floodplain Administrator and County Building Inspector administer the flood-hazard provisions and related records where applicable.

The applicable statewide building code is the 8th Edition (2023) Florida Building Code, effective December 31, 2023. The Florida Building Commission’s 2023 local-amendment search for County of Union returns no matching local-amendment records.

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.

• Building-Code Permit Context: The applicable 8th Edition (2023) Florida Building Code includes a building-permit exemption for fences not over 7 feet high. Union County does not publish a general local permit or approval requirement for standard residential fences in the referenced published materials.

• Floodplain Approval: Any development activity wholly or partly within a flood hazard area, including structures or facilities exempt from the Florida Building Code, requires application to the Floodplain Administrator and the Building Official when applicable, together with the required permit or approval. Floodplain approval may be required in addition to a building permit.

• Pool Permit and Barrier: Union County publishes a swimming-pool permit process that requires a site plan and a Residential Swimming Pool, Spa and Hot Tub Safety Act notice. When a fence or enclosure is used as the required private residential pool barrier, it must satisfy the separate pool-barrier requirements referenced by the county permit materials and Chapter 515, Florida Statutes.

• Zoning Compliance: Building-permit status is separate from zoning, setback, subdivision, floodplain, stormwater, drainage, historic, right-of-way, easement, utility, coastal, and plat requirements. Confirm any applicable zoning conditions, setbacks, plat requirements, and site-specific limitations with Union County Planning & Development before construction.

FENCE PLACEMENT RULES

• Required Yards: The Union County Land Development Regulations permit fences, walls, and hedges in any required yard or along the edge of any yard, subject to the code’s visibility limitations.

• Property Lines, Rights-of-Way, and Easements: 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.

• Front-Yard Visibility: A solid fence, solid wall, or hedge within a required front yard may not obstruct visibility between 2 1/2 feet and 6 feet above the centerline grade of the adjacent street.

• Corner Lots: On a corner lot, a fence, wall, hedge, landscaping, or structure may not obstruct vision between 2 1/2 feet and 6 feet above the centerline grades of the intersecting streets within the triangle formed by the street lines and points 25 feet from their intersection.

• Curb Breaks and Driveways: Where a curb break intersects a public right-of-way, a fence, wall, hedge, landscaping, or structure may not obstruct cross-visibility between 2 1/2 feet and 6 feet within the triangular areas on both sides of the curb break. Each triangle extends 10 feet along the curb-break line and 10 feet along the public right-of-way line.

• Regulated Floodways: Fences in regulated floodways that may block the passage of floodwaters, including stockade and wire-mesh fences, must satisfy the floodway limitations in Article 8. The required floodway encroachment analysis must demonstrate that the proposed work will not increase the base flood elevation.

• 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

• General Maximum Height: The code does not specify a maximum height for standard residential fences.

• Front-Yard Visibility Band: A solid fence, solid wall, or hedge in a required front yard may not obstruct visibility between 2 1/2 feet and 6 feet above the adjacent street centerline grade. This is a visibility rule, not a published general maximum fence height.

• Intersection and Curb-Break Visibility: The same 2 1/2-foot to 6-foot obstruction band applies within the code’s 25-foot corner-lot visibility triangle and 10-foot curb-break visibility triangles.

• Building-Code Distinction: The 7-foot figure in the Florida Building Code is a building-permit exemption threshold. It is not a Union County maximum fence height, and the county code does not state an affirmative local building-permit rule for fences over 7 feet.

MATERIAL AND CONSTRUCTION LIMITS

• Residential Materials: The code does not specify a general list of permitted or prohibited materials for standard residential fences. It also does not specify a finished-side, opacity, or orientation requirement for ordinary residential fencing.

• Solid Front-Yard Fences: A solid fence or wall within a required front yard remains subject to the 2 1/2-foot to 6-foot visibility restriction.

• Floodway Construction: In a regulated floodway, a stockade fence, wire-mesh fence, or another fence that may block floodwaters is subject to the Article 8 no-rise limitation and flood-resistant development requirements.

• Pool Barriers: A fence or enclosure used as a required private residential pool barrier must satisfy the separate barrier requirements referenced by Union County swimming-pool permit materials and Chapter 515, Florida Statutes.

PRIVATE RESTRICTIONS

Private covenants, subdivision restrictions, deed restrictions, easements, and HOA or architectural-review rules operate independently of Union County requirements 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 or other private restrictions.

REVIEW AND ENFORCEMENT CONTEXT

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

• Yard Placement: Whether a fence is located within a required yard or along a yard edge in a manner consistent with the fence-specific provisions of the Union County Land Development Regulations.

• Sight Visibility: Whether a solid front-yard fence or a fence near a corner or curb break obstructs the applicable 2 1/2-foot to 6-foot visibility band or the 25-foot and 10-foot sight areas.

• Floodplain and Floodway Review: Whether fence work is wholly or partly within a flood hazard area and whether a fence in a regulated floodway satisfies the required no-rise analysis.

• Pool-Barrier Review: Whether a fence or enclosure used as part of a private residential swimming-pool barrier satisfies the separate pool-permit and barrier requirements.

• Building-Code Permit Context: The Florida Building Code exemption for fences not over 7 feet high supplies the ordinary-fence permit context because Union County does not publish a general local fence permit or no-permit rule.

• Complaint-Based Enforcement: Article 15 directs the Land Development Regulation Administrator to investigate written, signed complaints alleging violations of the Land Development Regulations.

• Utility Excavation: Fence-post excavation remains subject to the statewide Sunshine 811 notice and positive-response framework.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within Union County, 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 Union County Planning & Development, the Union County Building Department, the Floodplain Administrator where applicable, and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Union County staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.