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

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

Key Facts

Permit required
For all fences and walls, § 114-13(h)
Issuer
County building department
Purpose
Protect public health, safety, welfare
Big Pine/No Name Key
Extra HCP/ITP Key Deer habitat standards apply
Materials
Planning Director approves non-chain-link taller-height materials

Summary

In the unincorporated Florida Keys (Monroe County), Land Development Code § 114-13(h) requires a building permit from the county building department before any fence or wall goes up, in order to protect public health, safety and welfare under Section 114-13. On Big Pine Key and No Name Key, the permit must also meet the requirements of the county's Habitat Conservation Plan and Incidental Take Permit (HCP/ITP).

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

It is the purpose of this section to regulate fences and walls in order to protect the public health, safety and welfare. ... (h)Required permit. All fences shall be constructed pursuant to a building permit issued by the county building department and, if applicable, according to the requirements of the HCP/ITP.

Full Breakdown

Every fence and wall built in the unincorporated Keys needs a building permit under Section 114-13(h), issued by the county building department, before construction starts. That permit sits alongside the substantive standards in the rest of Section 114-13: height limits that generally cap fences at six feet but drop to three or four feet near roads, driveways and front-yard setbacks; a rule that fencing may run along the property line as long as it does not block fire and emergency access, cut through wetlands, or clear native vegetation from a required bufferyard; and a maintenance duty that keeps every fence in good repair once built.

S. Fish and Wildlife Service. Limited clearing to install a fence or gate is allowed only if it avoids scenic corridors under Section 114-125, does not remove the minimum buffer required by Section 114-124, and leaves existing native hardwood and pineland hammock trees in place. The Planning Director approves construction details and materials for any fence other than chain-link that is used to reach the taller height allowances elsewhere in the section.

Violations & Fines

Building a fence or wall without the required permit is a violation the county building department and Code Compliance can pursue, and on Big Pine Key or No Name Key a fence that skips the HCP/ITP standards, such as required Key Deer setbacks or wetland clearance, adds a second violation even if a permit was issued for something else. An unpermitted or noncompliant fence can be ordered corrected or removed.

Frequently Asked Questions

Do I need a permit to build a fence in unincorporated Monroe County?
Yes. Section 114-13(h) requires a building permit from the county building department for every fence or wall, regardless of height or material. On Big Pine Key and No Name Key, the fence must also satisfy the additional Key Deer habitat standards required by the county's Habitat Conservation Plan and Incidental Take Permit.
Can I clear vegetation to put in a fence?
Only limited clearing, and only if it meets Section 114-13(i): it cannot occur in a scenic corridor under Section 114-125, cannot remove the minimum buffer required by Section 114-124, and cannot take out existing native trees in hardwood or pineland hammocks.
Does the fence permit cover chain-link fences the same way as other materials?
Chain-link fences that stay within the base height limits do not need special approval, but any non-chain-link material used to reach the taller five- or six-foot exceptions in Section 114-13(a)(4) needs the Planning Director's approval of the construction details before the permit is issued.

Sources & Official References

Other rules in Monroe County

All Monroe County rules

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