The Virginia USBC exempts fences six feet or shorter from building permits statewide, but localities may still require zoning permits for placement and height.
Under the Virginia Uniform Statewide Building Code (13 VAC 5-63, Section 108), fences six feet or less in height are exempt from building permits. Fences over six feet require a building permit because they are treated as structures. Va. Code 36-98 makes the USBC the exclusive building regulation, preempting local building codes. However, Va. Code 15.2-2280 separately authorizes localities to regulate fence placement, height, and zoning compliance through zoning permits. A Virginia homeowner needs both permits when building a tall fence: state-mandated USBC permit if over six feet, and local zoning approval if applicable.
Building without USBC permit: stop-work order, fines up to $2,500 per violation under Va. Code 36-106.
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Herndon, VA
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