Birmingham, AL Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Code Section
- Zoning Ord. Title 1, Ch. 4, Sec. 5, Subsec. 2
- Permit Required
- Yes - before any fence or wall is erected
- Floodplain
- Separate Permit to Develop in a Flood Hazard Area
- Fee Location
- Council-adopted; Chapter 9, Article VIII
Summary
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.
Subsection 2. Permits. A. A fence permit, which shall be accompanied by a fee as adopted by the Council from time to time and is located in Chapter 9, Article VIII of this ordinance, is required before any fence or wall can be erected or placed upon any property within the City. A Permit to Develop in a Flood Hazard Area, which shall be accompanied by a fee as adopted by the Council from time to time and is located in Chapter 9, Article VIII of this ordinance, is required for construction of any wall or fence located within a regulatory floodplain area in order to ensure that such walls or fencing does not obstruct, divert, or alter flood flows within flood prone areas and create hazardous conditions on surrounding properties. Solid (masonry block) walls and continuous (wood or sheet steel) fencing have the potential to significantly obstruct flood flows; therefore, an engineering study and certification may be required. All fences or walls located in a floodplain are subject to review and approval by the Floodplain Administrator or his/her designee.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Do I need a permit to build a fence in Birmingham?
Are there extra permit rules near a floodplain?
Can I put up a temporary construction fence?
Sources & Official References
Other rules in Birmingham
Compare Birmingham to another location·View the Alabama fence regulations overview
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Fence Permit Requirements in Nearby Cities
How other cities in Jefferson County handle fence permit requirements.