Waco, TX Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit required for
- Any fence, wall, hedge, or structure on ROW
- Also covers
- Unused right-of-way between property line and curb
- Added by
- Ordinance No. 2018-673 (2018)
- Max fine
- $500 per offense, Sec. 25-47
- Hydrant clearance
- 5 feet, Sec. 25-55
- Enforcement
- Written notice, then removal if uncorrected
Summary
Any fence, wall or hedge that touches Waco's public right-of-way needs a permit first: Section 25-54(b) makes it unlawful to erect, alter or repair a fence, wall, hedge or other structure on or across a public right-of-way without written city authorization, and the rule reaches unused right-of-way between the property line and curbline too, not just paved street.
(b)It shall be unlawful for any person within the city, without obtaining a permit or other written authorization from the city, to erect, construct, reconstruct, alter or repair or to permit the erection, construction, alteration or repair of any fence, wall, hedge or structure of any kind, on or across public rights-of-way.(c)These restrictions shall apply to streets, used rights-of-way, and to unused rights-of-way between the property line and curbline.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).
Full Breakdown
Section 25-54, "Obstruction of public rights-of-way," is the fence-permit rule inside Chapter 25's tree and sight-obstruction article, not the zoning code, which is why it applies citywide to any fence touching a right-of-way regardless of the property's zoning district. Subsection (a) bans placing any tree, shrub or plant, or any vehicle, on or across a public right-of-way in a way that obstructs public passage, creates a hazard, or restricts drainage flow. Subsection (b), added by Ordinance No. 2018-673 in 2018 to fold fences into the older tree-and-plant obstruction rule, requires a permit or other written city authorization before anyone erects, constructs, reconstructs, alters or repairs a fence, wall, hedge or other structure of any kind on or across a public right-of-way; permitting someone else to do that unpermitted work is equally unlawful. Subsection (c) defines how far the rule reaches: it covers streets, rights-of-way currently in use, and rights-of-way not yet in use, specifically the strip between the property line and the curbline, so a homeowner can't dodge the permit requirement by fencing an unused right-of-way strip in front of their lot.
A related section, 25-55, separately bans placing any tree, plant or object within five feet of a fire hydrant, which matters for anyone fencing a yard that has a hydrant near the curb. The enforcement path runs through Section 25-56: written notice to the owner, occupant or lessee, a correction deadline, and city removal of the unpermitted fence if the deadline passes, with immediate removal allowed for safety hazards.
Violations & Fines
Erecting or altering a fence, wall or hedge on a public right-of-way without a permit is a misdemeanor under Section 25-47, with a fine of up to $500.00 per offense. The city gives the responsible owner, occupant or lessee written notice and a deadline to remove or fix the fence under Section 25-56; if it isn't corrected, the city can remove the fence and, for immediate hazards, do so without advance notice.
Frequently Asked Questions
Do I need a permit to build a fence along a Waco street?
Does this apply even if the right-of-way isn't paved or used?
What happens if I put up an unpermitted fence on the right-of-way?
Can I put a fence within a few feet of a fire hydrant?
Sources & Official References
Other rules in Waco
Texas rules heatmap·Compare Waco to another location·View the Texas fence regulations overview
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