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Burleson, TX Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Platting rule
Fence permit can issue on an unplatted lot (Appendix A § 2.2(3))
Conformance rule
No fence erected or altered unless it conforms to Chapter 36
Residential privacy fence height
Shall not exceed eight feet
Corner lot side setback
Seven feet, or 15 feet if backing up to a key lot
Variance neighbor notice
Two weeks to express opposition
Denied appeal waiting period
12 months for the same item

Summary

In the City of Burleson, Texas, Appendix A § 2.2(3) states that a permit for a fence can be issued on an unplatted lot. Chapter 36 separately bars erecting or altering any fence, wall or outdoor area enclosure that does not conform to it, and caps residential privacy and security enclosures at eight feet.

No building permit shall be approved or certificate of occupancy issued on any lot, tract or parcel of land unless and until a plat has been approved in accordance with this appendix, except as provided as follows: ... (3) Platting exemption for certain conditions.A permit for an accessory structure, fence, irrigation system, or swimming pool, may be issued on an unplatted lot.

Full Breakdown

The City of Burleson treats a fence as a permitted structure. Appendix A § 2.2 bars approval of any building permit on a lot until a plat is approved, then lists exceptions, and subsection (3) says a permit for an accessory structure, fence, irrigation system, or swimming pool can be issued on an unplatted lot. Section 36-1 adds that no fence, wall or outdoor area enclosure can be erected or altered within the city unless it conforms to Chapter 36, and § 36-3 excludes the business park overlay district from the chapter.

In residentially zoned districts, § 36-11(a) says privacy and security enclosures shall not exceed eight feet in height, can be erected along the rear lot line, and must be set back at least seven feet from a side property line of corner lots that do not back up to a key lot, or at least 15 feet where the corner lot backs up to a key lot. Chain link fences are prohibited along the designated rear lot line of any double frontage lot.

The building code layer is printed separately. Section 10-142 amends IBC Section 105.2 under the subtitle Building with the line "Fences not over 7 feet (1829 mm) high", and the residential amendment in § 10-172(3) is titled "R105.2 Work exempt from permit" and deletes items #1, #2, and 9. Because the printed lists differ between the commercial and residential codes, confirm the permit question with the building official before building.

Relief comes through an administrative variance under § 36-4. The development services director takes the request with a non-refundable fee, adjoining and across-the-street owners get two weeks to object, and the city manager or designee can approve it only if it supports public safety and neighborhood compatibility. An administrative variance can never allow a fence to encroach within any easement.

Violations & Fines

A fence that does not conform to Chapter 36 cannot be erected or altered under § 36-1. Under § 36-4(a)(1)b, a variance can never put a residential privacy or security enclosure closer than five feet to a side property line of corner lots backing up to key lots. If opposition is received to a variance request, it goes to the city council, which holds a public hearing with written notice sent not less than ten days before. A denied council appeal bars any other application for the same item for 12 months.

Frequently Asked Questions

Can I get a fence permit in Burleson on an unplatted lot?
Yes. Appendix A § 2.2(3) of the Burleson Code says a permit for an accessory structure, fence, irrigation system, or swimming pool can be issued on an unplatted lot. That is an exception to the general rule in § 2.2 that no building permit is approved on a lot until a plat has been approved.
How tall can a residential privacy fence be in Burleson?
Section 36-11(a)(2) says privacy and security enclosures in residentially zoned districts shall not exceed eight feet in height. They can be erected along the rear lot line of any lot. Section 36-4 provides an administrative variance route for modifications that support public safety and show neighborhood compatibility.
How far must a corner lot fence sit from the side property line?
Under § 36-11(a), a privacy or security enclosure must be set back at least seven feet from a side property line of corner lots, provided the corner lot does not back up to a key lot. If the corner lot backs up to a key lot, the setback is at least 15 feet.
How do I ask Burleson for a fence variance?
File a request with the development services director on the city's forms with a non-refundable fee set on the adopted fee schedule. The city notifies adjoining owners and owners directly across the street, who have two weeks to object. Opposition sends the request to the city council following the appeals procedure in § 36-4.

Sources & Official References

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