Orange County, FL Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-exempt height
- 6 feet or less (1-2 family)
- Still required
- Zoning and flood compliance
- Over 6 feet
- Building Safety permit required
- Adopted via
- Orange County's FBC amendments
Summary
One- and two-family fences six feet or less don't need a Building Safety permit in unincorporated Orange County, but must still meet zoning and flood requirements; taller fences need full building permitting.
105.2.4 Work requiring a zoning permit and a stormwater permit if applicable, to show compliance with Orange County Zoning, requirements, or requirements of the local floodplain management ordinance, but exempt from permitting and review by Building Safety.
1.Construction, alteration or repair performed by the property owner upon his or her own personal residence for a one-story detached, freestanding, accessory structure to a one- or two-family dwelling used as a tool shed, storage shed, pergola, deck, gazebo, or playhouse that does not exceed a one hundred twenty-square foot footprint or thirty inches above lowest adjoining grade, for the owner's personal use. This structure shall not incorporate electrical, HVAC, fuel gas, or plumbing.2.Construction, alteration or repair performed by the property owner upon his or her own personal residence for a one-story detached, as attached/detached accessibility ramp that does not exceed a one hundred twenty-square foot footprint or thirty inches above lowest adjoining grade, for the owner's personal use.3.One- and-two family fences six (6) feet or less in height are also exempt in accordance with this section. Zoning and flood requirements shall be met as required. ***
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 128).
Full Breakdown
Florida Building Code § 105.2.4(3), as adopted by Orange County Sec. 9-33(b), exempts one- and two-family fences six feet or less in height from Building Safety permitting and review, but they still must meet Orange County zoning and floodplain requirements. Fences above six feet fall outside that exemption and need a Building Safety permit like other regulated construction. Separately, Sec. 38-1408(m) requires an applicant to sign the county's Easement Acknowledgment Form before a fence or wall permit issues if an easement is found on the property.
Violations & Fines
Building a fence over six feet without the required Building Safety permit, or ignoring zoning and floodplain rules on a shorter exempt fence, is a code violation subject to a stop-work order.
Frequently Asked Questions
Do I need a permit for a 5-foot backyard fence?
What about a 7-foot privacy fence?
Sources & Official References
Other rules in Orange County
Florida rules heatmap·Compare Orange County to another location·View the Florida fence regulations overview
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