Before You Build in Birmingham, AL: Permit & Rule Checklist (2026)

A retaining wall is defined in Birmingham's ordinance as a block, brick, or stone structure erected to retain or prevent encroaching soil. A front-yard retaining wall built to level the yard or control stormwater must be set back 2 feet for every 4 feet of wall height, and any fence atop a retaining wall counts the wall's height toward the fence height limit.

Birmingham requires a fence permit (with a Council-adopted fee) before any fence or wall can be erected or placed on any property in the City. A separate Permit to Develop in a Flood Hazard Area is required for any wall or fence within a regulatory floodplain, and an engineering study and certification may be required.

On D, E-1, or R zoned property in Birmingham, a fence or wall in the complete front yard cannot exceed 4 feet (5 feet including supports and features), while side and rear yard fences may reach 8 feet (9 feet with supports), provided any adjacent residential structure is set back at least 5 feet from that lot line.

Alabama does not have a mandatory fence cost-sharing law. In Birmingham, each property owner is responsible for their own fence. Disputes are civil matters.

Jefferson County treats public spas, hot tubs, and therapy pools the same as public swimming pools: they need engineer-stamped plans, a permit to construct, and an operational permit, and they are subject to the same water-quality and barrier rules. Private backyard hot tubs are not health-inspected, but if a residential spa lacks a built-in lockable safety cover it must be enclosed by a compliant pool barrier under the adopted residential code.

Birmingham does not require a building permit to construct a residential swimming pool, but the applicant must submit a site plan and obtain Zoning approval before starting work, and separate electrical and plumbing permits (with inspections) are mandatory. Public pools have a far stricter process: the Jefferson County Board of Health requires engineer-stamped plans, a permit to construct, and an operational permit before a pool may open.

Birmingham enforces the Alabama Residential Code (2021 International Residential Code, Appendix G), which requires every outdoor residential swimming pool to be enclosed by a barrier at least 48 inches high with no openings that pass a 4-inch sphere and a maximum 2-inch gap below the barrier. Public and apartment-complex pools fall under the stricter Jefferson County Board of Health rules, which require a minimum 4-foot fence with self-closing, self-latching, lockable gates.

Public, apartment, and condominium pools in Birmingham must be maintained to Jefferson County Board of Health standards: a minimum free available chlorine residual of 1.5 ppm tested at least three times daily, pH kept between 7.2 and 7.8 and tested at least twice daily, and water clear enough that a marked disc is visible through 15 feet of water. Private residential pools are not subject to this health-department monitoring but must keep their safety barriers and self-latching gates compliant.

Under the residential code Birmingham adopts, an above-ground pool whose wall serves as the safety barrier must have a ladder or steps that can be secured, locked, or removed to prevent access, or be surrounded by a fully compliant pool fence. As with in-ground pools, no building permit is needed to install an above-ground pool, but a site plan, Zoning approval, and electrical permits/inspections are required.

Converting a detached garage or other accessory building into living space is treated as an accessory dwelling in Birmingham. It is permitted only in specified districts, limited to one per lot, capped at 800 square feet, and must meet the Ordinance's Design Standards with access from an alley or approved driveway.

Birmingham permits one accessory dwelling unit per lot in specified districts (D-4, D-5, UN, MU and certain commercial zones), capped at 800 square feet or the size of the primary dwelling, whichever is less. Access must be from an alley or approved driveway.

In Birmingham, a carport located in any yard other than the rear yard must be attached to the principal structure and built of materials compatible with the principal structure. Carports in the rear yard are treated as accessory buildings.

Birmingham has no separate 'tiny home' ordinance; a detached tiny home on a residential lot is regulated as an accessory dwelling unit, capped at 800 square feet (or the size of the primary dwelling), limited to one per lot, and allowed only in specified districts.

Accessory buildings such as sheds may be built in a required rear yard but may not occupy more than 30 percent of the required rear yard and must be at least three feet from any side or rear lot line in dwelling districts. A shed cannot be built until construction of the principal building has commenced.

Birmingham is in Jefferson County, where the County Board of Health bans open outdoor burning from April through October every year, except fires used for food preparation. The ban exists because many small fires significantly worsen the area's air quality. From November through March, burning is allowed only with a JCDH authorization that imposes strict location and equipment rules, and state law separately requires an Alabama Forestry Commission permit for larger woodland or grassland burns.

Birmingham has no ordinance banning backyard fire pits, but the city sits inside Jefferson County, where the County Board of Health prohibits open outdoor burning April through October except for food preparation. A contained portable fire pit or grill used for cooking is the safest way to have a fire during the warm-weather ban; recreational fires are governed by the Alabama Fire Code (IFC) that Birmingham has adopted.

Birmingham regulates tree removal on development sites through its zoning code. Private property trees generally do not require permits for removal outside of development contexts.

Birmingham has no permanent municipal lawn-watering ordinance. Outdoor watering limits are set by the Birmingham Water Works Board through voluntary drought-stage advisories tied to reservoir conditions.

Birmingham requires tree limbs and trimmings to be properly hauled away and not left in yards; work on public/street trees and tree-protection plans is governed by the City's zoning ordinance (Appendix D, updated 2024).