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Gwinnett County, GA Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Fence permit-free height
Up to 8 ft, non-masonry (§ 106.4.A.2)
Masonry/concrete wall threshold
4 ft, or 6 ft at pilasters
Retaining wall threshold
4 ft, or any height if surcharge/liquid
Permit applicant
Owner or authorized agent, § 106.1
Reviewing office
Dept. of Planning and Development building official
Appeal body
Board of Construction Adjustments and Appeals

Summary

Gwinnett County lets homeowners build a fence up to 8 feet without a permit, but masonry or concrete fencing over 4 feet, pilasters over 6 feet, and retaining walls over 4 feet (or any height that holds back liquid) trigger the permit requirement under Appendix B §§ 106.1 and 106.4.A. The Department of Planning and Development's building official reviews applications and sets valuation-based fees.

These county ordinances apply to unincorporated areas of Gwinnett County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

106.1. - Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure ... shall first make application to the building official and obtain the required permit. ... 106.4. - Work exempt from permit. ... Permits shall not be required for the following: A. Building: ... 2. Fences up to 8 feet in height excluding masonry and concrete construction. 3. Masonry and concrete walls up to 4 feet in height which function as a fence, screen, or barrier with optional integral pilasters up to 6 feet in height. 4. Retaining walls up to 4 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or confining liquids.

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 9).

Full Breakdown

Section 106.1 of the county's Construction Code requires a permit before anyone can "construct, enlarge, alter, repair, move, demolish" a structure regulated by the code, with the application submitted to the building official through the Department of Planning and Development. Section 106.4.A then carves out specific fence and wall exemptions. Subsection A.2 exempts "fences up to 8 feet in height excluding masonry and concrete construction," so a wood, vinyl, chain-link or wrought-iron fence up to that height needs no permit. Masonry and concrete fencing is treated differently: A.3 exempts only "masonry and concrete walls up to 4 feet in height which function as a fence, screen, or barrier with optional integral pilasters up to 6 feet in height," meaning a solid masonry or concrete fence taller than 4 feet, or one with pilasters taller than 6 feet, needs a permit. Retaining walls get their own threshold under A.4: exempt only "up to 4 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or confining liquids," so any retaining wall over 4 feet, or one that holds back a surcharge load or liquid at any height, must be permitted regardless of material.

Permit applications must identify the work, describe the property, and, per § 107.1, include construction documents unless the building official waives them for straightforward jobs. Fees follow the schedule the Board of Commissioners adopts under § 109.2, and starting fence or wall construction before the permit issues adds the separate fee required by § 109.4.

Violations & Fines

Building a fence, masonry wall or retaining wall that needs a permit without one is an "unlawful act" under § 111.1. The building official issues a notice of violation under § 111.2, and if it isn't corrected, cites the owner or contractor into Gwinnett County Recorder's Court. Section 111.4 sets punishment under § 1.11 of the county code and treats each day the violation continues, after notice, as a separate offense; a stop-work order can halt construction immediately under § 111.3.

Frequently Asked Questions

How tall can I build a fence in Gwinnett County without a permit?
Up to 8 feet, as long as it isn't masonry or concrete. Section 106.4.A.2 of the county's Construction Code exempts "fences up to 8 feet in height excluding masonry and concrete construction" from the permit requirement; taller fences, or any masonry or concrete fence, fall under the stricter thresholds in § 106.4.A.3.
Does a masonry or block fence need a permit in Gwinnett County?
Only above 4 feet, or above 6 feet at the pilasters. Section 106.4.A.3 exempts masonry and concrete walls "up to 4 feet in height which function as a fence, screen, or barrier with optional integral pilasters up to 6 feet in height." Anything taller needs a permit from the building official.
Do retaining walls need a building permit in Gwinnett County?
Yes, once they exceed 4 feet measured from the top of the footing to the top of the wall, or at any height if they support a surcharge or confine liquids. Section 106.4.A.4 exempts only retaining walls that stay under that 4-foot mark and carry no surcharge or liquid load.
Where do I appeal a denied fence permit in Gwinnett County?
Section 112.1 lets the property owner or an authorized agent appeal a permit denial, revocation, or other building official decision to the Board of Construction Adjustments and Appeals under Gwinnett County Code §§ 14-19 through 14-34.

Sources & Official References

Other rules in Gwinnett County

All Gwinnett County rules

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