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Island County, WA Fence Regulations: Fence Permit Requirements (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
Yes, but it is a quick one. Fences under six feet are a Level A certificate of appropriateness, a ministerial decision the Planning Director issues directly without an HPC hearing, per Island County Code section 17.04A.100.F.
What if my fence is taller than six feet?
A fence over six feet is a Level C certificate of appropriateness under section 17.04A.120.C.12, which means the Historic Preservation Commission has to review it at a public meeting before the Planning Director issues the certificate.
Does this fence rule apply everywhere in Island County?
No. It only applies inside the boundaries of the Ebey's Landing National Historical Reserve near Coupeville; fences elsewhere in unincorporated Island County follow the county's general zoning code instead.
Can I appeal if my fence permit is denied?
Yes. A Level A denial is 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, and any appeal is heard together with the underlying permit appeal.

Sources & Official References

Other rules in Island County

All Island County rules

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