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Highlands County, FL Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Front-yard fence height
4 ft (5 ft chain link/decorative)
Interior residential fence height
6 ft
Non-residential adjacency
up to 8 ft
Boundary survey
Fences exempt; pool cages/decks are not
Enforcement
Building Dept./Code Enforcement

Summary

Highlands County treats fences, walls and hedges as regulated accessory structures under Sec. 12.05.306, capping residential front-yard fences at four feet (five for chain link or open-picket designs) and interior fences at six feet. Fences are exempt from the boundary survey the county otherwise requires for accessory structures, but pool decks and pool cages are not.

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

No fence along the sides or front edge of any required front yard shall exceed a height of four feet except for a chain link fence of five feet in height, or a decorative fence of five feet in height with air space equal to or greater than the width of the vertical pickets. ... All fencing must be located entirely within the property of the applicant. ... The following are exempted from the requirement for a boundary survey: ... 5.All signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences, but not pool decks or pool cages.

Full Breakdown

306 of the Land Development Regulations defines 'fence' to include fences, walls and hedges, then sets the height limits that apply when a fence permit application comes before the Building Department. Along the side or front edge of a required front yard, a fence may not exceed four feet, except a chain-link fence may reach five feet and a decorative fence with open picket spacing may also reach five feet; fences set back further into the yard, past the front-yard edge, can exceed those limits if they still meet the district's front-yard setback.

Elsewhere in a residential district a fence may not exceed six feet unless it meets the accessory-structure setback, and a fence dividing residential from nonresidential land may run up to eight feet, as can a fence around the perimeter of a mobile home park or campground. Every fence must sit entirely within the applicant's own property line. Because a fence counts as an accessory structure for permitting purposes, Sec. B requires the standard application materials and a boundary survey for most accessory structures, but that same subsection specifically exempts 'signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences' from the boundary survey, while pointedly not extending that exemption to pool decks or pool cages.

In a conflict between the fence-height rules of Sec. 306 and the height rules found in article 11 of the Land Development Regulations, the article 11 requirements control.

Violations & Fines

Erecting a fence that exceeds the height limits in Sec. 12.05.306, or that sits outside the applicant's property line, is a violation of the chapter 12 Land Development Regulations, enforceable as a misdemeanor under Sec. 12.03.109 with each day of continued noncompliance treated as a separate offense; code enforcement can also require removal or alteration of the nonconforming fence through the special magistrate process in chapter 2, article XII.

Frequently Asked Questions

How tall can I build a fence in unincorporated Highlands County?
Sec. 12.05.306 caps a fence along the front yard at four feet, or five feet for chain link or open-picket decorative fencing; elsewhere on a residential lot the limit is six feet unless the fence meets the accessory-structure setback, and fences bordering nonresidential land can reach eight feet.
Do I need a boundary survey to get a fence permit in Highlands County?
No. Sec. 12.16.302.B specifically exempts fences, along with sheds and above-ground pools that are accessory structures, from the boundary survey the county otherwise requires with an accessory-structure permit application, though pool decks and pool cages still need one.
Can my fence sit on my neighbor's property line in Highlands County?
No. Sec. 12.05.306.C requires all fencing to be located entirely within the applicant's own property, so a fence built astride or over the boundary line is a violation the Building Department or code enforcement can require the owner to correct.

Sources & Official References

Other rules in Highlands County

All Highlands County rules

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