Benton County, WA Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-free height
- 7 feet or less needs no building permit
- Permit trigger
- Any fence over 7 feet tall
- Issuing department
- Benton County Building Department
- Flood hazard area
- Flood Development Permit required regardless of height
- First violation penalty
- Civil penalty up to $500, BCC 11.43.170
Summary
Benton County only requires a building permit for a fence once it exceeds 7 feet in height; anything 7 feet or under is exempt, under BCC 11.42.070(a). Fences of any height in a mapped flood hazard area need a separate Flood Development Permit instead.
11.42.070 FENCING STANDARDS (a) Fences that are 7 feet or less in height are exempt from a building permit. Fences that are greater than 7 feet in height shall not be erected without first obtaining a building permit from the Benton County Building Department. (b) Fences, regardless of height, to be located in a Flood Hazard Area, will require a Flood Development Permit and compliance with BCC 3.26, as existing and hereafter amended.
Full Breakdown
070(a) sets the county's bright-line rule for when a fence needs a building permit: fences that are 7 feet or less in height are exempt from a building permit outright, while any fence taller than 7 feet cannot be erected without first getting a building permit from the Benton County Building Department. 040(a), and is administered by the Planning and Building Department. Height is measured for the fence as built, so a property owner planning anything close to 7 feet should confirm the grade-to-top measurement with the Building Department before starting work, since going even slightly over the line converts an exempt project into one that legally cannot be built without a permit in hand. 26, layering that requirement on top of, not instead of, the 7-foot threshold. 010(a).
Violations & Fines
Erecting a fence over 7 feet, or any fence in a Flood Hazard Area, without the required permit is a first-time infraction carrying a civil penalty of up to $500 plus court costs and restitution under BCC 11.43.170; a second violation of the same permit requirement is a misdemeanor. The county can also seek an injunction under BCC 11.43.030 requiring the fence to come down or be brought into compliance, at the owner's expense.
Frequently Asked Questions
Do I need a permit to build a 6-foot fence in Benton County?
What if my property is in a flood hazard area?
What happens if I build a tall fence without a permit?
Sources & Official References
Other rules in Benton County
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