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New Braunfels, TX Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

No permit needed
ordinary fences 7 feet or under
Permit required
swimming pool barrier fences
Permit required
fences over 7 feet tall
Permit required
fences in drainage easements or floodplain
Governing rule
§ 14-27 (amended IBC § 105.2)
Violation fine
up to $2,000/day (§ 1-8)

Summary

Most ordinary fences in New Braunfels do not need a building permit, but three kinds always do. Section 14-27, the city's amendment to the International Building Code's Section 105.2, exempts fences from permitting generally, then carves that exemption right back out for swimming pool barrier fences, any fence over seven feet tall, and any fence built inside a drainage easement.

105.2 Work exempt from permit. Exemptions from 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. Permits shall not be required for the following, provided that there is no special flood hazard area (SFHA) on the associated property: Building: ... 13.Fences, other than those that are:a.swimming pool barriers,b.fences over seven feet (2134mm) tall, orc.fences in a drainage easement.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

Section 14-5 of the Code states plainly that no person may 'erect, construct, enlarge, alter, repair, modify, excavate, fill, or change any fence' without first obtaining any necessary permit from the building official. 2, 'Work exempt from permit,' that lists the fences New Braunfels does not require a permit for: ordinary fences that are not swimming pool barriers, are seven feet tall or under, and are not located in a drainage easement. That structure flips the exemption into a requirement for three specific situations. A fence serving as a swimming pool barrier needs a permit regardless of height, tying into the pool barrier code the city separately enforces.

3-2(a), because the building code's permit threshold sits a foot below the zoning code's height ceiling. 3-2(g) separately prohibits fences in drainage easements outright, so that permit is denied on the merits. 3-2(e) requires the fence or wall to comply with all permit and plan review submittal requirements, including an engineered foundation where the adopted building code calls for one. The exemption also does not apply anywhere a special flood hazard area covers the property, so a fence on mapped floodplain land needs a permit even if it would otherwise qualify as height-exempt.

Violations & Fines

Building a permit-required fence, one over seven feet, a pool barrier fence, or one on flood-hazard property, without first getting a building permit is enforced under Section 1-8's general penalty, a fine of up to $2,000 for a code violation involving building or zoning matters, with each day the unpermitted fence stands treated as a separate offense until it is permitted or removed.

Frequently Asked Questions

Do I need a permit to build a fence in New Braunfels?
Not for an ordinary fence seven feet tall or shorter that is not a pool barrier and is not in a drainage easement or flood hazard area. Section 14-27's amendment to IBC Section 105.2 exempts that kind of fence from the building permit process entirely.
Does a pool fence need a permit even if it's under seven feet?
Yes. Section 14-27 pulls swimming pool barrier fences out of the general fence permit exemption regardless of height, because pool barriers have to meet the city's separate pool barrier code requirements that a permit and inspection confirm.
My zoning district allows an eight-foot fence. Do I still need a permit?
Yes, once the fence passes seven feet. The building code's permit exemption in Section 14-27 tops out at seven feet, a foot below the eight-foot maximum height Section 144-5.3-2(a) allows in most districts, so anything between seven and eight feet needs a permit even though it's within the zoning height limit.
What has to be submitted with a fence permit application?
Section 144-5.3-2(e) requires the application to comply with all permit and plan review submittal requirements, including an engineered foundation design where the adopted building code requires one for the fence type and height being installed.

Sources & Official References

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