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Lexington County, SC Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit status
Fences exempt from building permit
Citation
Sec. 14-262(2)
Still required
Zoning permit under Sec. 14-271
Enforcing office
Division of Building Inspections and Safety
Appeal body
Building Code Board of Appeals, Sec. 14-411
Violation penalty
Misdemeanor, magistrate's court fine

Summary

Lexington County's building code lists fences among thirteen categories of work exempt from a building permit under Sec. 14-262(2). Owners can install a fence without applying to the Division of Building Inspections and Safety or paying a permit fee, but the exemption covers only the building code, not zoning.

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

Exemptions from permit requirements of this article 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:

Building:

1. One-story detached accessory structures provided the floor area does not exceed 200 square feet (18.58 square meters).

2. Fences.

3. Retaining walls, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

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 20).

Full Breakdown

Sec. " Item 2 of the "Building" list under that section then names fences outright, alongside one-story accessory structures under 200 square feet, retaining walls that don't hold back a surcharge, water tanks under 5,000 gallons, sidewalks and driveways, and a dozen other minor categories of work. Because a fence needs no building permit, the owner skips the application step in Sec. 14-261 (filing with the building official, obtaining a permit, paying the fee schedule under Sec. 14-332) and the inspection sequence in Division 9.

But the exemption is narrow: Sec. 14-271 requires "a valid zoning permit, landscape permit, and/or land disturbance permit, as applicable" before construction begins, so a fence that violates Appendix B's height, setback, or corner-visibility standards for its zoning district is still unlawful even though no building permit was ever needed. If the building official determines a proposed structure doesn't actually qualify as a fence under Sec. 14-262(2), an unusually tall or reinforced wall the official treats as something else, for example, the owner or aggrieved party may file a written application for a variance or appeal with the building official under Sec. 14-412, heard by the Building Code Board of Appeals created under Sec. 14-411. That board, per Sec. "

Violations & Fines

Because Sec. 14-262(2) exempts fences from the building permit, there's no permit-skipping penalty for the fence itself. But if the structure falls outside the exemption, a wall the building official reclassifies as something other than a fence, or a fence built without the zoning permit Sec. 14-271 requires, the work becomes an unlawful act under Sec. 14-441, punishable as a misdemeanor with a magistrate's court fine under Sec. 14-444, each day of continued violation a separate offense.

Frequently Asked Questions

Do I need a building permit to install a fence in Lexington County?
No. Sec. 14-262(2) of the county's building code lists fences among the work exempt from a building permit, so you don't file an application with the Division of Building Inspections and Safety or pay the building permit fee under Sec. 14-332 for a standard fence.
If fences are permit-exempt, can I build one anywhere on my lot?
No. The building permit exemption doesn't excuse zoning compliance. Sec. 14-271 requires a zoning permit before construction begins, so your fence still has to meet Appendix B's height, setback, and district-specific standards even though no building permit application is required.
What happens if the building official says my structure isn't really a fence?
You can file a written application for a variance or appeal with the building official under Sec. 14-412, which goes to the Building Code Board of Appeals. The board can only interpret whether the article was correctly applied; per Sec. 14-413 it cannot waive the article's requirements outright.

Sources & Official References

Other rules in Lexington County

All Lexington County rules

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