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

8 of the Land Development Code, Fences and Walls, addresses permitting for fences that fall inside a utility easement, a common situation on Miramar's platted residential lots where side and rear easements run along property lines. The section states plainly that fences, walls, and landscaping are not permitted within a utility easement prior to the issuance of a permit, making the permit a precondition rather than something an owner can seek after the fence goes up. For any property platted after January 1, 1996, placing a fence or wall in an easement also requires a separate encroachment agreement, an added approval layer that older, pre-1996 plats do not carry under this section.

Even after a permit and any required encroachment agreement are in hand, the owner does not gain exclusive control of that strip of land: the section requires that access to the easement be granted whenever a utility needs it, and it shields the utility company or franchise from any responsibility to repair or replace a fence, wall, or landscaping damaged while performing work in the easement. 16 of the LDC, Encroachment into Platted Easements, reinforces this from the subdivision side of the code, barring fences, walls, sheds, signs, and landscaping from public utility easements adjacent to a right-of-way unless the city manager issues a revocable license agreement, and it likewise states that the city or a utility removing or destroying such a fence for work in the easement is not liable to the property owner.

Read together, the two sections mean a Miramar fence sitting in a utility or drainage easement is always provisional: it needs a permit up front, sometimes an encroachment agreement, and it can be removed for utility work at the owner's expense with no compensation.