Titusville's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Titusville, Florida, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Fence Permit Requirements

Titusville requires a building permit before constructing any new fence or wall inside city limits. Sec. 6-56(c) of the Code of Ordinances makes it unlawful to build a fence without first obtaining that permit from the building department, though a like-for-like repair of an already-permitted fence does not need a new one.

Key details: Permit required: Before building any new fence or wall. Repair exception: No new permit if fence unchanged in size, material, height. Alteration triggers permit: Any change in material, footage, height or placement. Enforcing office: Titusville Building Department. Penalty: Up to $500 fine or 60 days jail, Sec. 1-15.

Building without the required fence permit is a Code of Ordinances violation. Because Sec. 6-56 sets no penalty of its own, the general penalty in Sec. 1-15 applies: a fine of up to $500, imprisonment up to 60 days, or both, with each day the unpermitted fence stands treated as a separate offense. The building official can also issue a stop-work order under Sec. 6-66, giving the owner 48 hours to file for a permit before further enforcement.

Height Limits

Titusville's Land Development Regulations cap residential fence height at four feet in any required front yard and six feet in side or rear yards, with a 35-foot setback from the property line for fences over four feet in a corner side yard visibility area. Commercial and industrial fences follow separate limits, and high-security fencing needs Administrator approval under Sec. 30-183.

Key details: Front yard fence height (SFR): 4 feet maximum. Side/rear yard fence height (SFR): 6 feet maximum. Corner-yard 35-ft trigger: Required if fence over 4 ft. Dangerous materials: Barbed/razor/electrified wire generally prohibited. High-security fence approval: Administrator approval required, Sec. 30-183.

A fence installed in violation of the height, setback, or visibility-triangle standards is enforced through the City's Code Enforcement Board process under the Land Development Regulations. High-security fencing installed without Administrator approval under Sec. 30-183, or barbed wire, razor wire or electrified wire used outside the narrow agricultural and high-security exceptions of Sec. 30-181(f)-(g), is also a violation subject to a stop-work order, correction notice and Code Enforcement Board hearing before fines accrue.

Material Restrictions

Titusville's Land Development Regulations limit fences and walls to wood, aluminum, wrought iron, vinyl, brick or other materials manufactured specifically for fencing, and Section 30-181 bans junk materials like tires, hubcaps and corrugated metal outright. Barbed wire, razor wire, electrified wire and glass shards are prohibited on fences citywide, except when the fence serves a permitted agricultural use.

Key details: Allowed materials: Wood, aluminum, wrought iron, vinyl, brick. Banned materials: Tires, hubcaps, corrugated metal. Barbed/razor/electrified wire: Banned except agricultural use. High-security exception: Barbed wire on 6-8 ft. fence (Sec. 30-183). Adopted: Ord. No. 33-2018, § 2, 7-24-18.

A fence built from a prohibited material, such as tires, corrugated metal, or non-agricultural barbed wire, is not exempt or grandfathered by right; it is a violation of Section 30-181 enforceable through the same code-enforcement process as other Land Development Regulations violations, and a fence's placement in a visibility triangle under subsection (h) is independently enforceable regardless of the material used.

Retaining Walls

Inside Titusville's shoreline protection setback along the Indian River Lagoon and other Class II and III waters, retaining walls cannot be built by just anyone. Section 30-64(c) of the Land Development Regulations requires a state-licensed marine contractor, or a design signed and sealed by a Florida-licensed professional engineer, before the City will issue a Surface Water permit.

Key details: Applies to: Shoreline protection setback, Class II/III waters. Builder requirement: FL-licensed marine contractor. Owner-builder alternative: FL-licensed PE sign and seal. Permit required: City Surface Water permit. Source ordinance: Ord. No. 18-2018, § 6.

Building or replacing a retaining wall in the shoreline protection setback without the required marine-contractor license or engineer's signed-and-sealed plans, or without a City Surface Water permit, is subject to enforcement under Section 30-64's administration authority and the permit-suspension powers of Section 30-62. Unpermitted alteration of topography, shoreline or vegetation within the setback is treated as prohibited storage or placement of materials pending approvals.

The Bottom Line

Titusville's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Titusville is broadly strict or permissive.

This guide is based on Titusville's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.