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Lincoln, NE Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Building permit
Not required under 7 feet
Standard height cap
76 inches
Conditional height cap
102 inches in specific yards/districts
Utility clearance
10 feet from padmounted equipment

Summary

Fences up to 7 feet don't need a building permit in Lincoln, but zoning still caps most fences at 76 inches: up to 102 inches only in specific yards, districts, or lot-line conditions.

R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building:

1. One-story detached accessory structures used as a playhouse provided the floor area does not exceed 65 square feet. 2. Fences not over 7 feet high. 3. Retaining walls that are not over 4 feet in height measured from lowest adjacent grade to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1. 5. Residing and re-shingling. This exemption does not include new roof sheathing. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated, temporary, swimming pools that have a depth of 48 inches or less. Swimming pools are further regulated by Lincoln Municipal Code Chapters 8.36 and 8.38. 8. Swings and other playground equipment accessory to a one- or two-family dwelling. 9. Window awnings supported by an exterior wall. This exemption does not include replacement windows. 10. Sidewalks and Driveways. See Lincoln Municipal Code Chapter 14.75, Driveway Approaches and Curbs, and Chapter 14.80, Sidewalk Construction. (Ord. 20937 §6; June 29, 2020).

Full Breakdown

Section R105.2 of the International Residential Code, as amended by Lincoln Municipal Code § 20.12.035, exempts fences not over 7 feet high from needing a building permit. That's a construction-permit exemption, not a height cap: Lincoln Municipal Code § 27.72.140 separately caps fence height at 76 inches on any lot, rising to 102 inches only in specific front yards with multiple frontages, commercial/industrial districts, along a residential-commercial lot line, or in rear/side yards at least 4 feet from a neighboring structure. Fences also can't block sight-distance triangles at driveways and intersections or come within 10 feet of padmounted utility equipment.

Violations & Fines

Erecting a fence taller than the zoning limit, or building any permit-required structure without one, can draw a stop-work order and correction notice from the city's Building & Safety Department; noncompliant fences must be lowered or removed.

Frequently Asked Questions

Do I need a permit to build a fence in Lincoln?
No. Lincoln Municipal Code § 20.12.035 exempts fences 7 feet or under from a building permit. Taller fences, or any fence needing structural review, do require one.
How tall can my fence be?
Most lots are capped at 76 inches under § 27.72.140. Fences up to 102 inches are allowed only in specific front yards, commercial/industrial districts, along certain lot lines, or in some rear/side yards.

Sources & Official References

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