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Brevard County, FL Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Residential zoning cap
6 feet for any fence or solid wall
Agricultural, commercial, industrial, tourist commercial
8 feet
Next to a residential classification
10 feet, or 12 feet with a binding development plan
Sight triangle limit
3.5 feet; legs of 10 feet (local road, bike path) and 30 feet (collector, arterial)
Front setback limit
4 feet in residential, commercial and tourist commercial zoning
Penalty
Fine up to $500.00, up to 60 days in jail, each day a separate offense

Summary

Brevard County caps a fence or solid wall at six feet in any residential zoning classification, eight feet in agricultural, commercial, industrial and tourist commercial zoning, and ten feet (12 feet with a binding development plan) where commercial, industrial or tourist commercial land adjoins a residential classification. Inside a street-intersection sight triangle, any obstruction is held to three and one-half feet.

City-specific rules exist: Cocoa, Melbourne, Palm Bay, and Titusville have their own height limits rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

No fence or solid wall on any property shall exceed six feet in height in any residential zoning classification, eight feet in height in any agricultural, commercial, industrial or tourist commercial zoning classification, or ten feet in height (12 feet with a binding development plan) in any commercial, industrial or tourist commercial classification where located adjacent to a residential classification. ... No obstruction, including, but not limited to, signs (with less than eight feet between the bottom of the sign and the ground), fences, walls, hedges or other structures, shall exceed three and one-half feet in height within the sight triangle of a street intersection. The sight triangle, for the purposes of this section, shall be defined as a triangle which is at least ten feet in length along a local road or bike path, and at least 30 feet in length along a collector or arterial road. ... In residential, commercial and tourist commercial zoning classifications, fences or walls shall not exceed four feet in height within the required front setback

Source: Brevard County Code of Ordinances (Municode)View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).

Full Breakdown

Section 62-2109 of the Brevard County Code, in Chapter 62 (Land Development Regulations), Article VI (Zoning Regulations), sets the fence and wall height rules for unincorporated Brevard County. Subsection (a) starts from the zoning classification of the lot: six feet residential, eight feet agricultural, commercial, industrial or tourist commercial, and ten feet in a commercial, industrial or tourist commercial classification next to a residential one, rising to 12 feet when a binding development plan is in place. Wooden fencing in a residential classification gets three extra inches (the code's own examples are 3'-6", 4'-0" and 6'-0") so builders can add linear cap features on top and airflow along the bottom, and decorative caps of up to eight inches can sit at the vertical posts. Where a residential lot abuts commercial or industrial land, the fence can rise to whatever height that abutting lot is allowed. The caps apply to every fence or solid wall wherever it stands on the property, unless a later subsection restricts it further.

Subsections (b) and (c) are those further restrictions. At a street intersection, no obstruction taller than three and one-half feet can stand in the sight triangle, and the list covers signs with less than eight feet between the bottom of the sign and the ground, fences, walls, hedges and other structures. The triangle is at least ten feet long along a local road or bike path and at least 30 feet long along a collector or arterial road. The county manager or a designee can waive part of the restriction when a smaller triangle still protects traffic, bicycle and pedestrian safety. In residential, commercial and tourist commercial classifications, a fence or wall inside the required front setback is limited to four feet, and the same four-foot limit covers the side street setback of a corner lot contiguous to a key lot less than 100 feet wide. Six-foot side street fencing, when allowed, cannot run toward the front lot line past the forward-most edge of the house, not counting snout garages, porches or other protruding features. Industrial and agricultural lots can reach eight feet inside those setbacks, but within 25 feet of a street intersection or of the driveway's meeting with the street, the part above four feet must be non-opaque.

Violations & Fines

A fence taller than the section allows violates Article VI of Chapter 62, and section 62-1105 makes that unlawful. A conviction carries a fine not to exceed $500.00, up to 60 days in the county jail, or both, and every separate day the violation continues counts as its own offense. Penalties under Florida Statutes chapter 162 or chapter 2, article VI, division 2 of the county code can be pursued as well. Section 62-1106 adds that the county can go to court to stop the violation.

Frequently Asked Questions

How tall can a backyard fence be in Brevard County?
In a residential zoning classification the cap is six feet. A wooden fence can go three inches higher to allow a cap along the top and airflow along the bottom, and decorative caps of up to eight inches can be added at the vertical posts. Where the lot abuts a commercial or industrial lot, the fence can reach the height allowed on that abutting lot.
How does Brevard County measure fence height, and can I build up the ground first?
Height is measured from finished grade prior to berming, and the parcel's grade cannot be altered to increase the apparent height of the fence. A fence on or parallel to a property line is measured from the lowest grade on either side of that line. Berms in the front setback or within 25 feet of a street intersection count toward the height limit.
Which side of the fence must face the neighbor?
The finished side faces out. Exposed framing, stringers and posts must face the interior yard of the lot where the fence or wall stands, even when another fence already exists there. Shadowbox designs with vertical wooden slats alternating between the interior and exterior sides of the horizontal stringers can be approved.
Can I put a six-foot fence on the back of a double-frontage lot?
On a double-frontage lot that is not a corner or waterfront lot, a six-foot fence can sit on the rear property line next to an arterial or collector road, and the lot then stops counting as double-frontage for setback purposes. The exception does not apply if the abutting houses face or have access to that arterial or collector road.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

How Brevard County compares: Cities That Allow the Tallest Residential Fences·Florida rules heatmap·Compare Brevard County to another location·View the Florida fence regulations overview

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Height Limits in Cities Across Brevard County