A Guide to Fence Laws in Florida

Looking to learn more about fence laws in Florida? Start here for an overview of state regulations.
Renee Lewis
Renee Lewis
/
Updated on:
April 9, 2025

Before building a fence in Florida, it's important to understand state laws, local codes, and city regulations. These can cover everything from fence height and material to placement and necessary steps before construction. Local rules may be easier to navigate than state law, so check both to ensure compliance.

Fence Height in Florida

Florida building code generally requires that fences should be built no taller than six feet. However, there are exceptions, and a fence up to eight feet tall can be approved by local authorities in some cases.

Front yard fences usually need to be under four feet tall according to Florida statutes. Sometimes there are exceptions to this for chain link fences.

At the State Level

Florida's state regulations provide general guidelines for fence heights, typically allowing residential fences up to 4 feet in the front yard and between 6 to 8 feet in the backyard. However, specific details, especially concerning front yard fences, are often defined by local laws. It's essential to consult your county or city's regulations for precise requirements.​

Fence Height in Miami-Dade County

In Miami-Dade County, the following fence height regulations apply:​

For comprehensive details, refer to the Miami-Dade County Code of Ordinances.

Fence Height in Orange County

Orange County enforces the subsequent fence height restrictions:​

Detailed information can be found in the Orange County Code.

Fence Height in Hillsborough County

Hillsborough County specifies the following fence heights:​

For more information, consult the Hillsborough County Land Development Code.

Fence Height in Duval County

Duval County's regulations state:​

Refer to the Duval County Zoning Code for further details.

Note: These guidelines are subject to change, and it's advisable to verify the current regulations with local authorities before proceeding with fence construction.

Required Fences

In Florida, state law does not require homeowners to build fences around their property, nor are neighbors obligated to separate their land with fences. However, certain types of fences are required for safety and legal compliance.

Pool Fences Are Required

Florida law mandates that fences be built around public and private pools, as well as other water features like spas and hot tubs. The fence must completely enclose the pool area, ensuring safety for both children and pets. Pool fences must be at least four feet tall. Additionally, gates must open away from the pool, and they must be self-closing, lockable, and secure to prevent unauthorized access.

Good Neighbor Fence Law in Florida

In many states, a law called the Good Neighbor Fence Law applies to situations where one neighbor wants a fence that will be placed on the boundary line between the adjoining landowners. The law views the fence as benefiting both property owners equally. Because of that, it requires both homeowners to pay equal shares of the cost of construction of the new fence. It also requires both to share the costs of repair and maintenance.

In Florida, that law does not apply. There is no law that compels both neighbors to pay for a fence on the boundary line between them. The only time this applies is if the plan was discussed and agreed upon by both parties ahead of time. If you are thinking of building a fence on the boundary line to your neighbor’s property, try to give them written notice of your plan and also get their agreement in writing. For any issues that could not be resolved between neighbors, real estate attorneys might need to get involved.

Joint Ownership

Be aware though that if there already was a fence in place then both neighbors are considered joint owners and have equal responsibility for maintenance and repairs.

Spite Fences

Another neighbor-related regulation in Florida is a law that prohibits spite fences. So-called spite fences are built solely for the purpose of harassing or annoying your neighbor. It is always a good idea to have a conversation with your neighbor about fence projects that are on the boundary line between your properties, or that could affect your neighbor in any way. If your neighbor really does not want the fence there, they can take legal action to stop the project if it qualifies as a spite fence. One way to show that a fence was built for valid reasons is to prove that it was constructed to stop vandalism on the property or to keep out trespassers.

Fence materials

Sometimes state or local laws regulate fences down to the materials a fence is made out of. While Florida does not have those, Miami-Dade County code does cover some aesthetic requirements. The code says that for wire and chain link fences, cloth, fabric, canvas and other materials affixed to the fence must be properly maintained. Those are things that would legally be the landowner’s responsibilities.

Fence Permit Requirements in Florida

In Florida, a permit is generally not required at the state level to build a fence on your property. However, some counties and municipalities have specific regulations that do require permits for fence construction. It's essential to check with your local county or city government to determine if a permit is necessary for your project.​

Counties Where a Fence Permit Is Required in Florida

Note: Regulations can vary not only by county but also by city within those counties. It's advisable to contact your local building department or visit their official website for the most accurate and up-to-date information regarding fence permits in your area.

Special considerations

If you live in an area with farming and livestock activities, you may want to check out the Handbook of Florida Fence and Property Law for further information. The handbook was designed to inform property owners or their rights and responsibilities when it comes to their obligation to put up fences. This applies mainly in areas where Florida’s agricultural economy exists alongside other commercial property.

The handbook also covers what happens in case one landowner claims they need a right-of-way easement through another’s property. One example of this is when a neighbor’s land must be crossed to reach a public road. According to the state law, the owner of the easement is financially responsible for its maintenance. If it is for cattle or livestock, they must maintain the cattle guard through the fence.

Next steps

If you live in the state of Florida and are planning to build a fence, it is important to be aware of the state laws and local codes that apply to fence construction so you meet all of the fence requirements. Remember if you do not see much applicable to your fence project in the state law, check out your local city codes that may be easier to navigate and more relevant.

Want to leave it to the experts? We've built thousands of fences across the country. Get in touch with our team of experts and we can navigate the entire fence process for you- from finding the local laws and regulations to final post-installation inspection!

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