Birmingham requires a fence permit (with a Council-adopted fee) before any fence or wall can be erected or placed on any property in the City. A separate Permit to Develop in a Flood Hazard Area is required for any wall or fence within a regulatory floodplain, and an engineering study and certification may be required.
Section 5 (Walls and Fences), Subsection 2 (Permits) of the City of Birmingham Zoning Ordinance requires a fence permit, accompanied by a fee adopted by the Council (located in Chapter 9, Article VIII), before any fence or wall can be erected or placed on any property within the City. Additionally, a Permit to Develop in a Flood Hazard Area is required for construction of any wall or fence within a regulatory floodplain to ensure such walls or fencing do not obstruct, divert, or alter flood flows and create hazardous conditions on surrounding properties. Solid (masonry block) walls and continuous (wood or sheet steel) fencing can significantly obstruct flood flows; therefore, an engineering study and certification may be required, and all fences or walls in a floodplain are subject to review and approval by the Floodplain Administrator or designee. Temporary construction fences are allowed by exemption (Subsection 6): up to 6 feet in a front yard for residential property under construction or renovation, and up to 8 feet for commercial, manufacturing, or industrial property.
Building a fence without the required permit, or otherwise violating the ordinance, is enforced under Title 1, Chapter 9, Article II, Section 11 (General Code Section 1-1-6): not more than a $500 fine or up to 6 months imprisonment, or both. Each day a violation exists is a separate offense. Floodplain fence violations may also trigger floodplain-administration enforcement.
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