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

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

Key Facts

Permit-free fence height
Up to 7 feet, any material
Pool fence exception
Replacement pool fences always need a permit
Electrical add-ons
Gate motors, lighting need electrical permit
Governing code
Nassau County Code § 7-6 (FBC § 105.2)
Enforcing agency
Nassau County Building Department
Penalty for unpermitted work
Increased permit fee under § 105.1

Summary

In unincorporated Nassau County, most residential fences and privacy walls up to 7 feet tall are exempt from a building permit no matter what material they use. The one big exception: replacing a pool safety fence always requires a permit, and any electrical work added to a fence needs a separate electrical permit.

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

105.2 Work exempt from permit. ... Permits shall not be required for the following: ... 2.Residential Fences/Privacy walls including, columns, posts, piers, entry gates, etc., not over 7 feet high above adjacent finished grade. (Made of any materials). Replacement pool fences will require a building permit. (Electrical permit required for any electrical work).

Full Breakdown

In unincorporated Nassau County, the Building Department administers permitting under the 8th Edition (2023) Florida Building Code, adopted by the county under Nassau County Code § 7-6. 2 lists the work exempted from a building permit, and item 2 of the "Building" exemptions specifically addresses fences: residential fences and privacy walls, including their columns, posts, piers and entry gates, do not need a permit no matter what material they are built from, as long as they stand no higher than 7 feet above the adjacent finished grade.

That exemption has one carve-out that trips up a lot of homeowners: replacing a pool safety fence always requires a building permit, even if the new fence is under 7 feet, because a pool barrier is treated as life-safety equipment rather than an ordinary yard fence. Adding electrical components to any fence, such as gate operators, low-voltage lighting or an access-control keypad, also requires a separate electrical permit even when the fence structure itself is exempt. 1 makes clear that any work performed without the permit it needs is subject to an increased permit fee under the county's adopted fee schedule.

Zoning height, setback and materials standards under the Land Development Code (Appendix A) still apply on top of this exemption; the 7-foot threshold in § 7-6 only removes the building-permit paperwork, it does not override a zoning district's own fence standards.

Violations & Fines

Work that needs a permit but proceeds without one, most often a pool-fence replacement or an electrified gate, is enforced as unpermitted construction under the Building Code adopted by § 7-6. Section 105.1 imposes an increased permit fee on work done in violation of the permit requirement, and the Building Department can issue a stop-work order until the fence is brought into compliance and properly permitted.

Frequently Asked Questions

Do I need a permit to build a privacy fence in unincorporated Nassau County?
No. Section 105.2 of the county's adopted Florida Building Code exempts residential fences and privacy walls, including columns, posts, piers and entry gates, up to 7 feet high above the adjacent grade, regardless of material. You still must meet the Land Development Code's height and setback rules for your zoning district.
Do I need a permit to replace my pool fence?
Yes. Section 105.2's fence exemption specifically carves out replacement pool fences, which the Building Department always requires a permit to install because they function as required pool safety barriers rather than ordinary yard fencing.
Does adding a gate motor or fence lighting need a permit?
Yes, for the electrical work. Even when the fence itself is exempt under Section 105.2, the code requires a separate electrical permit for any electrical work connected to the fence, such as gate operators or low-voltage lighting.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

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