All 50 states and DC
Do I need a permit for a fence?
Most states adopt a national model code and inherit its permit exemption without writing one of their own. Some write their own number directly into state law. Several have no statewide residential code at all and leave the whole question to each county or town. The differences are larger than most people expect, and a few states are genuine outliers.
Do I need a permit for a fence, state by state
48 set a rule in state law, 2 were checked and say nothing, 1 hand it to the town. Every row links the state page and the document behind it.
| State | What the record says | Exemption height | Citation |
|---|---|---|---|
| Alabama | set in state lawAlabama does not write its own house building code. | none stated | Ala. Code 34-14A-82(b) |
| Alaska | set in state lawA fence of any kind needs no state review in Alaska. | none stated | 13 AAC 50.020(6) |
| Arizona | set in state lawArizona has no statewide building code and gives the job to the counties. | none stated | A.R.S. § 11-861(A) |
| Arkansas | set in state lawArkansas has no separate statewide building code. | none stated | Arkansas Contractors Licensing Board, Building Codes |
| California | set in state lawCalifornia does not write its own building code from scratch. | none stated | Health & Saf. Code 17922 |
| Colorado | no rule, documents checkedWhether a fence needs a permit in Colorado is a county or city question. | none stated | C.R.S. 30-28-201 |
| Connecticut | set in state lawConnecticut runs one building code across the whole state. | none stated | Conn. Gen. Stat. 29-252 |
| Delaware | left to the townDelaware has no state building code. | none stated | 16 Del. C. 7601 |
| District of Columbia | set in state lawThe Council approves the Construction Codes, and they are then printed in Title 12 of the DC regulations as... | none stated | D.C. Code 6-1402 |
| Florida | set in state lawFlorida runs one building code for the whole state and makes a permit the default for building work. | none stated | Fla. Stat. 553.79(1)(a) |
| Georgia | set in state lawGeorgia sets no statewide fence permit exemption, so each local government writes its own. | none stated | Ga. Comp. R. & Regs. r. 110-11-1-.25 |
| Hawaii | set in state lawHawaii has one set of state building codes covering all construction in the state. | none stated | HRS 107-25 |
| Idaho | set in state lawIdaho runs a real statewide residential code. | none stated | Idaho Code 39-4109 |
| Illinois | set in state lawIllinois has no one statewide permit rule for work at a house. | none stated | Illinois Residential Building Code Act, Sec. 15 |
| Indiana | set in state lawIndiana has one building and fire safety code for the whole state, written by the Fire Prevention and Build... | none stated | IC 22-13-2-2 |
| Iowa | set in state lawIowa has a state building code and it does not switch on by itself. | none stated | Iowa Code 103A.12 |
| Kansas | no rule, documents checkedKansas has no statewide fence permit rule for a house. | none stated | K.S.A. Chapter 29 |
| Kentucky | set in state lawKentucky makes the 2015 International Residential Code the required state code for homes, with the 2018 Ken... | none stated | 815 KAR 7:125 Section 2(2)(a) |
| Louisiana | set in state lawLouisiana adopts national model codes as the state construction code. | none stated | La. R.S. 40:1730.28(A)(3)(a) |
| Maine | set in state lawWhich Maine towns have to enforce the state building code comes down to head count. | none stated | 10 M.R.S. 9724(1) |
| Maryland | set in state lawMaryland adopts the 2021 International Building Code, the 2021 International Residential Code for one and t... | none stated | COMAR 09.12.51.04 |
| Massachusetts | set in state lawMassachusetts runs one building code for the whole state, written by the Board of Building Regulations and... | none stated | M.G.L. c. 143, § 94 |
| Michigan | set in state lawA fence in Michigan seven feet tall or shorter needs no building permit. | 7 ft | R 408.30505 |
| Minnesota | set in state lawA fence in Minnesota seven feet tall or shorter needs no building permit. | 7 ft | Minn. R. 1300.0120, subp. 4 |
| Mississippi | set in state lawMississippi does not run one building code for the whole state. | none stated | Mississippi Insurance Department, Mississippi Uniform Building Codes |
| Missouri | set in state lawMissouri has no building code of its own and hands the job to local government by statute. | none stated | RSMo § 67.280 |
| Montana | set in state lawThe Montana state building code does not reach an ordinary house. | none stated | MCA 50-60-102(1)(a) |
| Nebraska | set in state lawNebraska has one building code for the whole state, and it is a list of national books rather than text wri... | none stated | Neb. Rev. Stat. 71-6403 |
| Nevada | set in state lawNevada has no building code of its own. | none stated | NRS 278.580 |
| New Hampshire | set in state lawThe state building code covers all of New Hampshire, and a permit comes before the work starts. | none stated | RSA 155-A:4, I |
| New Jersey | set in state lawNew Jersey runs one construction code for the whole state. | none stated | N.J.S.A. 52:27D-123 |
| New Mexico | set in state lawNew Mexico runs one permit rule for the whole state through the Construction Industries Division. | none stated | 14.5.2.9 NMAC |
| New York | set in state lawNew York writes one code for the whole state and then hands the permit counter to local government. | none stated | Exec. Law 381(2) |
| North Carolina | set in state lawNorth Carolina decides its home permit rule by price, not by height. | none stated | N.C.G.S. 160D-1110(c) |
| North Dakota | set in state lawNorth Dakota has a state building code, but enforcing it is a local choice. | none stated | N.D.C.C. 54-21.3-03(6) |
| Ohio | set in state lawA fence six feet tall or less needs no building approval in Ohio. | 6 ft | OAC 4101:8-1-01, Section 102.10 |
| Oklahoma | set in state lawOne state body picks the building code for all of Oklahoma. | none stated | 59 O.S. § 1000.23 |
| Oregon | set in state lawOregon leaves a wood, wire mesh or chain link fence off the statewide building permit list. | 7 ft | ORSC R101.2.2, item 1 |
| Pennsylvania | set in state lawA fence six feet tall or less needs no building permit anywhere in Pennsylvania. | 6 ft | 34 Pa. Code 403.62(c)(1) |
| Rhode Island | set in state lawone and two family dwellings | 6 ft | 510-RICR-00-00-2, R105.2 |
| South Carolina | set in state lawSouth Carolina writes no building code of its own. | none stated | S.C. Code 6-9-50(A) |
| South Dakota | set in state lawa detached single family home the owner lives in | none stated | SDCL 11-10-15 |
| Tennessee | set in state lawTennessee has no fence permit rule of its own. | none stated | Code Adoption History, residential codes |
| Texas | set in state lawTexas has no fence permit rule of its own. | none stated | Local Gov't Code 214.212(a) |
| Utah | set in state lawUtah uses one construction code across the whole state and names the exact editions in the statute, includi... | none stated | Utah Code 15A-2-103 |
| Vermont | set in state lawVermont state construction rules reach public buildings, and the statute says what a public building is not. | none stated | 20 V.S.A. 2730(b)(1) |
| Virginia | set in state lawA fence of any height needs no building permit in Virginia. | none stated | 13VAC5-63-80 |
| Washington | set in state lawWashington has no fence permit rule of its own. | none stated | WAC 51-51-003 |
| West Virginia | set in state lawWest Virginia has a State Building Code, written by the State Fire Commission, and it does not switch itsel... | none stated | W. Va. Code 15A-11-5(e) |
| Wisconsin | set in state lawWisconsin does not use the International Residential Code. | none stated | Wis. Admin. Code § SPS 320.01 |
| Wyoming | set in state lawWyoming does not write its own building code. | none stated | W.S. 35-9-106(a)(i) |
The other nine questions
A fence rule usually turns on more than one of these, and the answer to one does not settle another.
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and each state page carries the date its documents were read. How findings are made · What the terms mean · Browse by state