Fence laws in Miami Beach, Florida
What the Miami Beach municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Miami Beach sets no rule of its own, the Florida rule is shown in its place and marked as such.
Fence laws in Miami Beach, Florida, question by question
The short version
- Who pays on the line
- Miami Beach has no statute splitting the cost of a fence on the boundary. The chapters that were read are listed below. Cities and counties decide this one.
- How tall
- A Miami Beach front yard fence, wall or gate starts at five feet measured from grade and may reach seven by moving back from the front property line, gaining one foot of height for every two feet of setback, and the answer turns on the yard, what it abuts, how far back the fence sits, and the district. The figure is 5 feet, for fence, wall or gate on the front property line.
- Permits
- A Miami Beach vacant lot or vacant building may be ringed with chain link to keep it from becoming a dumping ground, but only for a year, and it comes down before a certificate of use or occupancy issues for a main permitted use, and the answer turns on whether the lot is vacant, and whether the property is historically designated.
- Pool barriers
- Florida requires a pool barrier at least four feet high, measured on the outside. The figure is 4 feet, for residential swimming pool barrier, measured on the outside.
- Spite fences
- Miami Beach has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Miami Beach measures from grade, and then makes an allowance for a city sitting low against rising seas, and the answer turns on whether the property has approved adjusted grade, and how open the fence is above four feet. The figure is 3 inches, for minimum spacing between pickets above four feet.
- Corner lots
- Miami Beach draws a small triangle and a tall band. The figure is 15 feet, for length of each leg of the corner visibility triangle.
- Retaining walls
- Florida statute names a wall that holds back earth in one place, and it is about how many permits a town can charge for. It reaches a house, a duplex or a townhouse only.
- Materials
- Every surface of a Miami Beach masonry wall or wood fence is finished in the same manner with the same materials on both sides, to an equal or better appearance seen from next door, with the structural supports facing inward, and the answer turns on the material and which yard the fence stands in. The figure is 2 feet, for height an ornamental fixture may add to a wall.
- Livestock
- Florida sets a legal fence at three feet high, made of barbed or other soft wire, with at least three strands pulled tight on posts, trees or other supports no more than twenty feet apart. The figure is 3 feet, for height of a legal fence.
Who owns the fence between two properties in Miami Beach?
Compare fences on the property line across all 50 states
Miami Beach law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Florida has no law about splitting the cost of a fence on a boundary. Chapter 588 is about legal fences and livestock, and every section in it deals with fence strength, posted land and impounding animals. Chapter 704, which covers easements and rights of entry, says nothing about a boundary fence either. In Florida the split is whatever the two neighbors agree to.
This one is Florida law, not Miami Beach law. All Florida findings
Documents read before writing that:
- Fla. Stat. ch. 588The Florida Senate
- Fla. Stat. ch. 704The Florida Senate
How tall can a fence be in Miami Beach?
Compare fence height across all 50 states
Miami Beach answers this, but the answer changes depending on the yard, what it abuts, how far back the fence sits, and the district.
A Miami Beach front yard fence, wall or gate starts at five feet measured from grade and may reach seven by moving back from the front property line, gaining one foot of height for every two feet of setback. A rear or side yard gets seven feet as of right, dropping to five where the yard abuts a public right of way, a waterway or a golf course. Light industrial land gets seven feet, not counting barbed wire, which has to sit seven feet above grade and angle inward, with the combined total capped at nine. A government facility in the GU or CCC districts may put a six foot fence on the property line, or eight feet set back a foot, subject to design review and built so it can be substantially seen through. A hedge has no height limit in any district.
Within the required front yard, fences, walls and gates shall not exceed five feet, as measured from grade. The height may be increased up to a maximum total height of seven feet if the fence, wall or gate is set back from the front property line. Height may be increased one foot for every two feet of setback.
The answer turns on the yard, what it abuts, how far back the fence sits, and the district.
- a required front yard on the property line
- Five feet. 5 ft
- a required front yard set back four feet
- Seven feet, the maximum the exchange allows. 7 ft
- a rear or side yard abutting a right of way, waterway or golf course
- Five feet. 5 ft
- a fence in the I-1 light industrial district
- Seven feet, and nine including barbed wire angled inward. 9 ft
Also on fence height in Miami Beach
- no rule, documents checkedFlorida sets no statewide limit on how tall a fence at a house can be. The only height in the fence chapter is the five foot floor that makes a fence a legal fence for holding livestock, which is a minimum for farm land and not a cap for a yard. The permit statute names no height either. Height comes from city and county ordinance. Fla. Stat. ch. 588Florida · Statute
Do I need a permit for a fence in Miami Beach?
Compare permits across all 50 states
Miami Beach answers this, but the answer changes depending on whether the lot is vacant, and whether the property is historically designated.
A Miami Beach vacant lot or vacant building may be ringed with chain link to keep it from becoming a dumping ground, but only for a year, and it comes down before a certificate of use or occupancy issues for a main permitted use. In the architectural district that temporary fence has to be vinyl coated. Vacant lots across the listed commercial, residential and industrial districts must in any case be secured against motor vehicle entry at every entry point by a chain, hedge, fence or other material the planning and zoning director approves. On multifamily property in a locally designated historic district or site, a fence goes through Certificate of Appropriateness review, which may be granted at the administrative level.
Such fence shall be permitted on a temporary basis for a period not to exceed one year and subject to its removal prior to the issuance of a certificate of use or a certificate of occupancy for a main permitted use on the property.
The answer turns on whether the lot is vacant, and whether the property is historically designated.
- a vacant lot or vacant building
- Chain link for up to a year, removed before a certificate issues.
- a vacant lot in the architectural district
- The same fence, vinyl coated.
- multifamily property in a locally designated historic district or site
- Certificate of Appropriateness review, available administratively.
Also on permits in Miami Beach
- set in state lawFlorida runs one building code for the whole state and makes a permit the default for building work. The statute itself says nothing about fences. It does force a local government to skip the permit for work on a single family home worth under $7,500. The fence exemption by height is in the Florida Building Code, not in the statute. Fla. Stat. 553.79(1)(a)Florida · Statute
Pool fence requirements in Miami Beach
Compare pool barriers across all 50 states
Florida answers this in its own law. The words that do it are quoted below.
Florida requires a pool barrier at least four feet high, measured on the outside. The same section bars gaps or footholds that let a small child get under, through or over it. The barrier has to ring the pool itself and has to be separate from a yard fence, unless that yard fence runs along the pool and meets the same rules. Gates swing away from the pool and latch on their own.
This one is Florida law, not Miami Beach law. All Florida findings
The barrier must be at least 4 feet high on the outside.
4 ftresidential swimming pool barrier, measured on the outside
Spite fence laws in Miami Beach
Compare spite fences across all 50 states
Miami Beach law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Florida has no spite fence law. The fence chapter sets no height that sets anything off and no rule about why a fence went up. Chapter 823, the public nuisance chapter, runs from bonfires to abandoned boats and never reaches a fence built to annoy a neighbor. A claim in Florida rests on common law nuisance instead, which is judge made rather than written by the legislature.
This one is Florida law, not Miami Beach law. All Florida findings
Documents read before writing that:
- Fla. Stat. ch. 588The Florida Senate
- Fla. Stat. ch. 823The Florida Senate
How fence height is measured in Miami Beach
Compare how height is measured across all 50 states
Miami Beach answers this, but the answer changes depending on whether the property has approved adjusted grade, and how open the fence is above four feet.
Miami Beach measures from grade, and then makes an allowance for a city sitting low against rising seas. In the RS-1 and RS-2 single family districts, where a property has approval for adjusted grade, a fence may be measured from that adjusted grade instead, on one condition written into the same sentence: everything above four feet has to be open pickets spaced at least three inches apart, unless the design review board or historic preservation board says otherwise. So the extra height comes with a duty to stay see-through.
Within RS-1 or RS-2 single-family district, in the event that a property has approval for adjusted grade, the overall height of fences, walls and gates may be measured from adjusted grade, provided that the portion of such fences, walls or gates above four (4) feet in height consists of open pickets with a minimum spacing of three (3) inches, unless otherwise approved by the design review board or historic preservation board, as applicable.
The answer turns on whether the property has approved adjusted grade, and how open the fence is above four feet.
- an ordinary lot
- Measured from grade.
- an RS-1 or RS-2 lot with approved adjusted grade
- Measured from adjusted grade, with open pickets above four feet. 3 in
Also on how height is measured in Miami Beach
- set in state lawFlorida answers the measuring question outright in its oldest fence section. A general fence stands at least five feet and keeps its gaps under four inches for the first two feet up from the ground. Where the fence is built with a trench beside it, those five feet run from the bottom of the ditch to the top of the fence. A bottom point and a top point, both named, which is the part most state fence rules leave out. The rule is about holding livestock. A yard fence in a Florida city is sized by local land development rules adopted under section 163.3202, and those rules carry their own way of measuring. Fla. Stat. 588.01Florida · Statute
Fence rules for corner lots in Miami Beach
Compare corner visibility across all 50 states
Miami Beach answers this in its own law. The words that do it are quoted below.
Miami Beach draws a small triangle and a tall band. The triangle runs only fifteen feet back along each right of way line from the corner, which is short by Florida standards, but the clear zone inside it reaches from two feet all the way to ten feet above the street corner grade, so a tree canopy or an awning is caught as well as a fence. The rule is the one thing that still limits a hedge, which the code otherwise leaves unrestricted in height.
On a corner lot, there shall be no structure or planting which obstructs traffic visibility between the height of two feet and ten feet above the street corner grade, within the triangular space bounded by the two intersecting right-of-way lines and a straight line connecting the right-of-way lines 15 feet from their intersection.
15 ftlength of each leg of the corner visibility triangle
Also on corner visibility in Miami Beach
- set in state lawFlorida has a state rule about blocking a driver from seeing what is coming, and it is written about signs. Chapter 479 bans a sign on the inside of a curve, or placed any way that could keep road users from seeing approaching vehicles, next to a state highway or a federal aid primary road. Section 337.406 adds that using a state road right of way in a way that gets in the way of traffic is unlawful. Neither one draws a triangle on a corner lot. That is left to local land development rules. Fla. Stat. 479.11Florida · Traffic code
Retaining wall rules in Miami Beach
Compare retaining walls across all 50 states
Florida answers this in its own law. The words that do it are quoted below.
Florida statute names a wall that holds back earth in one place, and it is about how many permits a town can charge for. When one wall runs across more than one lot, the local government has to issue a single permit for the whole job and cannot demand one for each lot the wall crosses. The rule is written for houses, duplexes and townhouses. It sets no height and it does not say how the wall has to be built.
This one is Florida law, not Miami Beach law. All Florida findings
If a retaining wall spans more than one lot or parcel, a local government that issues building permits must issue a permit for a retaining wall for the project as a whole and may not require a building permit for each lot or parcel upon which a retaining wall is installed on the property of a single-family or two-family residential dwelling or a townhouse.
Also on retaining walls in Miami Beach
- left to the townThe height at which a wall that holds back earth needs a permit is not in Florida statute. It is in the Florida Building Code, which the Florida Building Commission rewrites every three years from the newest International Building Code and International Residential Code. Once the commission adopts it, that code applies across the state with no vote by any city or county, and a local government may only make it stricter. Fla. Stat. 553.73(7)(a)Florida · Statute
Fence materials allowed in Miami Beach
Compare materials across all 50 states
Miami Beach answers this, but the answer changes depending on the material and which yard the fence stands in.
Every surface of a Miami Beach masonry wall or wood fence is finished in the same manner with the same materials on both sides, to an equal or better appearance seen from next door, with the structural supports facing inward. Chain link is prohibited in a required front yard and in any required yard facing a public right of way or a waterway, the one exception being a side yard facing the dead end of a street in a single family district. Barbed wire and similar material are prohibited outside the light industrial district. Ornamental fixtures and lamps may go on a wall facing a street, alley, golf course or waterway, adding no more than two feet, spaced at least eight feet on center and no wider than two feet.
Chainlink fences are prohibited in the required front yard, and any required yard facing a public right-of-way or waterway (except side yards facing on the terminus of a dead end street in single-family districts) except as provided in this section and in section 142-1134.
142-1132(h)(1)c, d and f, and (m)
The answer turns on the material and which yard the fence stands in.
- a required front yard, or a yard facing a street or waterway
- No chain link.
- any masonry wall or wood fence
- Both sides finished alike, supports facing inward.
- an ornamental fixture or lamp on a wall facing a street or the water
- Two feet above the wall, eight feet on center, two feet wide. 2 ft
Also on materials in Miami Beach
- set in state lawFlorida describes its legal fence by the wire it uses. The fence stands at least three feet tall with three or more strands of barbed or other soft wire on supports no more than twenty feet apart. Battens let the supports stand farther apart, and an electric fence built with high tensile wire gets the widest spacing of all. Fla. Stat. 588.011Florida · Statute
Livestock and boundary fence law in Miami Beach
Compare agricultural fencing across all 50 states
Florida answers this in its own law. The words that do it are quoted below.
Florida sets a legal fence at three feet high, made of barbed or other soft wire, with at least three strands pulled tight on posts, trees or other supports no more than twenty feet apart. With battens the supports may stand up to sixty feet apart for a plain fence and one hundred fifty feet for an electric one built with high tensile wire. Any other material that meets about the same specs counts, and gates are built to the same standard.
This one is Florida law, not Miami Beach law. All Florida findings
Any fence or enclosure at least 3 feet in height made of barbed or other soft wire consisting of not less than three strands of wire stretched securely on posts, trees, or other supports, standing not more than 20 feet apart
3 ftheight of a legal fence
Also on agricultural fencing in Miami Beach
- set in state lawFlorida runs one livestock law over the whole state, and holding the animals in is the owner's job. An owner who lets livestock run loose or stray onto a public road pays for all the injury and property damage that follows. Section 588.25 leaves county laws in place where they already require livestock to be penned, and fills the gap where they do not. Fla. Stat. 588.15Florida · Statute
Documents behind this page
10 documents, of which 1 was published by Miami Beach itself. Each was read on the date shown.
- The Florida Senate2026 Florida Statutes, Chapter 588, Legal Fences and Livestock at Large
- The Florida Senate2026 Florida Statutes, Chapter 704, Easements
- The Florida LegislatureThe 2026 Florida Statutes, Chapter 553, Part IV, Florida Building Code
- City of Miami BeachLand Development Regulations, Chapter 142, Article IV, Division 4, Section 142-1132(h), Fences, walls, and gates
- The Florida LegislatureThe 2026 Florida Statutes, Chapter 515, Residential Swimming Pool Safety Act
- The Florida Senate2026 Florida Statutes, Chapter 823, Public Nuisances
- The Florida Senate2026 Florida Statutes, Chapter 479, Outdoor Advertising, Section 479.11, Specified signs prohibited
- The Florida LegislatureThe 2026 Florida Statutes, Chapter 553, Part IV, Florida Building Code
- The Florida LegislatureThe 2026 Florida Statutes, Chapter 553, Part IV, Florida Building Code
- Florida LegislatureThe 2025 Florida Statutes, Title XLV, Chapter 588, Legal Fences and Livestock at Large
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Miami Beach publishes, plus the Florida rules that apply where the city sets none. Fence laws in Florida has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean