There are a lot of aspects about fence construction that are dictated by local laws and regulations. After all, it’s a feature that can be seen by the general public and can have an effect on neighboring property owners.
If you’re a property owner, here are the Austin fence laws you need to know before starting a fencing project.
Fence Permits
One of the first questions that come to mind for property owners is whether a building permit will be needed. While all fences built within the City of Austin must adhere to established codes, not every fence requires a permit. However, you will need a permit for fence projects that involve:
- Residential fences over six feet tall that are on a City of Austin public right-of-way.
- Any fence that is eight feet tall or taller at any point.
- Fencing that is within a floodplain hazard area.
You may also need a Board of Adjustment variance in some situations. It’s best to consult with an Austin fence company like Purple Fencing Company to get a better idea of whether you need a permit for the fence you had in mind.
Fence Height Restrictions and Regulations
One of the top fencing regulations is fence height. How tall your fence can be depends on the type of fence you want to install and where your property is located within the City of Austin.
Solid Fence Restrictions and Regulations
If you want a solid fence for security and privacy you’re going to be limited to a fence that’s eight feet tall or less. A fence falls into this category if at least 20% of the materials are solid and you can’t see through.
In most situations, solid fences are limited to six feet in height. But there are some circumstances that allow all or a portion of the fence to be 7-8 feet tall. Residential property that’s adjacent to a commercial or industrial property or commercial district can have a fence up to 8′ tall.
You can also build a fence higher if it’s further from the property line. Solid fencing that is on the property line can’t be taller than six feet. But if you move it back to the setback lines a solid fence can be 8 feet tall.
Ornamental Fence Restrictions and Regulations
But what about a chain link fence or metal ornamental fence that isn’t solid all the way through? These are considered ornamental fences with 20% or less solid material. Any type of ornamental fence isn’t restricted in height.
Property Lines and Adjacent Property Owners
Here’s one of the top reasons why you want to make sure to follow the fence laws regarding the placement of fences on the property line. Adjacent property owners affected by the fence will make sure that it’s done by the book. If it isn’t, you could be paying to have the new fence moved.
Officials want to make sure that other property owners aren’t negatively impacted by a fence installation or replacement. The best way to assure that is very strict regulations regarding property lines.
Under no circumstance can a fence be installed over the property line. At that point it’s on the neighbor’s property and the fence belongs to them. However, as noted above, you do have the option of moving the fence back further away from the property line if you wish.
Swimming Pool Fence Laws
Because of safety concerns, there are special regulations for a swimming pool barrier or fence of any kind. Like all fences, a swimming pool barrier must follow the safe fencing code requirements established in 2023. It must also follow the Swimming Pool and Spa Code, which lays out a few other regulations in regards to ornamental fences around pools. The swimming pool fence:
- Can’t have gaps more than 1 3/4″ wide.
- Must be at least five feet tall.
- Must meet the minimum wind speed requirements.
- Has to affixed to a top and bottom rail or tension wire.
If you are building a fence around a swimming pool, give our experts a call. This is a fencing project that requires detailed knowledge about the local codes.
What About Fence Replacements?
An existing fence might be allowed even if it’s not built to meet the current codes, but if you’re replacing a fence that’s a different story. If 50% or more of the fence is going to be replaced you must follow all of the established codes and regulations.
Purple Fencing Company fully understands when a building permit is needed, how to avoid issues with the building setback lines and how to construct solid fences that are within the local regulations. If you are planning a fence project in the Austin area give our team a call to schedule a free fence consultation!
