Whatcom County, WA Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-exempt height
- 7 feet (2,134 mm) or under
- Applies to
- Residential and commercial fences alike
- Over 7 feet
- Full building permit required
- Misdemeanor penalty
- Up to $1,000 or 90 days
- Permit validity
- 2 years, one 1-year extension
Summary
A fence anywhere in unincorporated Whatcom County can go up without a building permit as long as it stays at 7 feet or under, per WCC § 15.04.030(C)(2). Go taller than that and the fence needs a full building permit reviewed by Planning and Development Services.
Section R105.2 (Work Exempt from Permit) is amended to read as follows: ... 2. Fences not over 7 feet (2,134 mm) high.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963078; v4 updated 2026-06-23; through 06-23-2026).
Full Breakdown
020(C)(2)(2), so the same 7-foot line applies whether the property is residential or commercial. Below that height, no application, plan review, or inspection is required for the fence itself. A fence taller than 7 feet is treated like any other construction project under this title: the owner must file a complete permit application with PDS Building Services on the department's form, pay the fee set by the Unified Fee Schedule, and pass any inspection the Building Official requires before the work is signed off. 050, with one one-year extension available if circumstances beyond the applicant's control delayed the work.
The permit exemption for a 7-foot fence only waives the building permit step; it does not excuse the fence from the property-line setback or critical-areas standards that apply to structures in the same zoning district.
Violations & Fines
Building a fence over 7 feet without the required permit is a misdemeanor under WCC § 15.04.050(D), carrying a fine of up to $1,000, up to 90 days in jail, or both, with each day the violation continues treated as a separate offense. The county may instead pursue the civil-penalty track under WCC § 15.04.050(F), fining up to $1,000 per day; the property owner then has 30 days to request remission and 10 days to appeal a final ruling to the county council.
Frequently Asked Questions
How tall can I build a fence in Whatcom County without a permit?
Do I still need to follow setbacks for a fence under 7 feet?
What happens if I build an 8-foot fence without a permit?
Sources & Official References
Other rules in Whatcom County
Compare Whatcom County to another location·View the Washington fence regulations overview
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