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Douglas County, CO Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit trigger, fence/wall
Required once height exceeds 6 feet
Permit trigger, retaining wall
Required once height exceeds 4 feet
Open-fence exception
80% open fence still needs permit over 6 feet
Issuing office
Douglas County Building Division
Governing section
Zoning Resolution § 1-715, Subsections 1 & 3
Cure period
10 days after written notice

Summary

In unincorporated Douglas County, a fence or wall needs a county building permit only once it passes six feet, or four feet for a retaining wall. A standard backyard privacy fence under that height can go up without Planning Division sign-off, as long as it stays out of the public right-of-way and clears the setback and visibility rules in § 1-715.

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

Fences, walls, or hedges shall not be erected in the public right-of-way, but shall be allowed within the setbacks, on private land. A building permit is required for any retaining wall greater than four feet in height or any fence or wall greater than six feet in height, or as required by the Building Code, as amended and adopted by Douglas County. ... Fences constructed of woven wire or ornamental iron which are a minimum of 80% open may be constructed with no height limitation; however, a building permit is required for any fence greater than six feet in height, or as required by the Building Code, as amended and adopted by Douglas County.

Full Breakdown

Douglas County Zoning Resolution § 1-715(1) triggers a building permit any time a residential fence or wall passes six feet in height, or a retaining wall passes four feet. Section 1-715(3) extends the same six-foot trigger to open, woven-wire or ornamental-iron fencing: that style is exempt from the underlying height cap because it is at least 80% open, but the county still requires a building permit once it crosses six feet, just as a solid fence would. Fences and walls under those thresholds are built without a county permit, but they are not unregulated: § 1-715 still bars placing them in the public right-of-way, requires four-foot solid fences within a street setback, and requires the fence not obstruct traffic sightlines under Subsection 4.

Permit applications for qualifying fences and retaining walls are processed by the Douglas County Building Division against the Building Code as amended and adopted by the county, meaning a wall over four feet, or a fence over six, must also meet the structural and inspection standards of that code, not just the zoning dimensional limit. Building without the required permit is a chapter violation under § 1-113 subject to the general zoning penalties, and the county can require the work be pulled down and re-permitted or removed entirely if it does not conform.

Violations & Fines

Erecting a fence or retaining wall over the permit thresholds without county sign-off is a violation of the Zoning Resolution under § 1-113, carrying a $100 civil infraction and a separate civil penalty of $500 to $1,000 under § 1-114, plus a continuing fine of up to $100 for each day the unpermitted structure remains. § 1-115 requires Planning Services to give written notice and at least 10 days to cure before those penalties are pursued, and the county may also seek an injunction ordering the structure altered or removed.

Frequently Asked Questions

Do I need a permit to build a 6-foot backyard fence in Douglas County?
No. § 1-715(1) only requires a building permit once a fence or wall exceeds six feet in height. A fence built at exactly six feet or under does not need a county permit, though it must still meet the setback, right-of-way, and visibility requirements in the rest of § 1-715.
What about a retaining wall, does it need a permit at a lower height?
Yes. Retaining walls have their own, lower threshold: § 1-715(1) requires a building permit once a retaining wall passes four feet in height, two feet lower than the trigger for a standard fence or wall, because retaining walls carry soil load and structural risk that the county's Building Code addresses separately.
Does an open wire or iron fence still need a permit if it's over 6 feet?
Yes. § 1-715(3) lets an 80%-open woven-wire or ornamental-iron fence go higher than six feet with no maximum, but it does not exempt that fence from the permit requirement. The same building-permit trigger in § 1-715 applies once the open fence passes six feet, exactly as it would for a solid fence.
What happens if I build a fence over the limit without a permit?
Douglas County treats it as a Zoning Resolution violation under § 1-113. The Planning Division issues written notice with at least 10 days to correct it under § 1-115, and if it isn't fixed, penalties under § 1-114 include a $100 civil infraction, a $500 to $1,000 civil penalty, and up to $100 per day it stays out of compliance.

Sources & Official References

Other rules in Douglas County

All Douglas County rules

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