Island County, WA Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Fence under 6 ft review
- Level A, ministerial (Planning Director)
- Fence over 6 ft review
- Level C, HPC public meeting
- Governing chapter
- Island County Code ch. 17.04A
- Applies only in
- Ebey's Landing NHR review areas
- Appeal path
- § 16.19.190 Type I or III
Summary
Within the Ebey's Landing National Historical Reserve in unincorporated Island County, no fence goes up without a certificate of appropriateness: fences under six feet get ministerial Level A sign-off from Planning staff, while taller fences need a Level C hearing before the Historic Preservation Commission.
Level A certificate of appropriateness. ... A ministerial decision issued by the Planning Director for the development activities listed below. ... F.Retaining walls and fences < six (6) feet in height.
Full Breakdown
Island County Code section 17.04A.080.A.2 bars anyone from making regulated changes to the landscape or building any new structure that affects a historic resource within the reserve without first getting a certificate of appropriateness, whether or not the work also needs a building or land use permit. Fences fall squarely inside that rule. Under section 17.04A.100, a Level A certificate, the fastest track, is a ministerial decision issued directly by the Planning Director for retaining walls and fences less than six feet in height. There is no HPC hearing for a six-foot-and-under fence; staff can approve it administratively once the application is complete.
Once a fence tops six feet, it moves to the other end of the review scale. Section 17.04A.120.C.12 lists retaining walls and fences greater than six feet in height as a Level C activity, meaning the Historic Preservation Commission itself must review the application at a noticed public meeting before the Planning Director, or the HPC itself if the site holds a contributing structure, can issue the certificate. Applicants for a Level C certificate submit color photographs, a complete description of the work, a scaled site plan, and construction material samples under section 17.04A.130, and are encouraged to request a pre-application conference with the HPC.
This permitting layer applies only inside the reserve's review areas 1 and 2 on Whidbey Island; a fence built elsewhere in unincorporated Island County is not subject to the Ebey's Reserve certificate of appropriateness process.
Violations & Fines
Putting up a fence in the reserve without the required certificate of appropriateness is a violation of chapter 17.04A, and any conditions attached to the certificate become binding conditions of the underlying building or land use permit. A denied or conditioned Level A decision can be appealed as a Type I decision, and a Level C denial as a Type III decision, both under Island County Code section 16.19.190.
Frequently Asked Questions
Do I need a permit for a short fence in Ebey's Reserve?
What if my fence is taller than six feet?
Does this fence rule apply everywhere in Island County?
Can I appeal if my fence permit is denied?
Sources & Official References
Other rules in Island County
Compare Island County to another location·View the Washington fence regulations overview
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