Hialeah, FL Fence Regulations: Fence Permit Requirements (2026)

Section 98-1706 sits in Chapter 98's Division 4 for industrial zones and sets a minimum side and rear yard setback tied to distance separation between buildings on adjoining industrial lots: no less than five feet, one inch, though it can drop to two feet, seven inches if the adjoining property already has that smaller setback. Once the adjacent property is developed, the required setback resets to the full five feet, one inch. The code then ties fence and wall permitting directly to that setback: no building permit shall be issued for the construction of a fence or wall between adjoining lots where the distance separation between the buildings and the proposed fence or wall is less than five feet, one inch.

The section reinforces the rule by declaring that at all times a minimum setback of five feet, one inch must be clear and unobstructed, and that no hedge, tree, bush, wall, fence, or other obstruction may sit within that minimum setback at all, whether or not a permit was sought. Because this rule lives in the industrial-zone division rather than the residential provisions, it governs fence and wall permits specifically on lots zoned for industrial use in Hialeah, where the underlying purpose is to preserve a clear separation corridor between adjoining industrial buildings for access, drainage, and fire safety, not to regulate residential yard fences generally.