Before You Build in Daytona Beach, FL: Permit & Rule Checklist (2026)

Daytona Beach follows Florida's spite fence statute (FL §823.11), which makes fences erected maliciously to annoy neighbors actionable. There is no shared-cost law in Florida. Each property owner is responsible for their own fence. The finished side of the fence must face the adjacent property.

Daytona Beach regulates fences under Land Development Code Section 6.8. Maximum fence height is six feet. Chain link fences are prohibited between the front lot line and the front of the structure in all districts. Fences along principal arterial streets must be set back five feet from the front property line.

Daytona Beach requires building permits for fence installation. All fences must comply with LDC Section 6.8 standards and Florida Building Code wind load requirements. Applications are submitted through the Permits and Licensing office at 301 S. Ridgewood Avenue.

Daytona Beach follows Florida's strict pool barrier law (FL §515 Residential Swimming Pool Safety Act). All residential pools must be enclosed by a barrier at least 48 inches tall measured from the outside. Gates must be self-closing and self-latching, opening away from the pool.

Florida's Residential Swimming Pool Safety Act (FL §515) requires at least one additional safety feature beyond the pool barrier: a pool alarm, approved safety cover (ASTM F 1346), door alarm on direct-access doors, or self-closing/self-latching doors at 54 inches. Anti-entrapment drain covers (VGB Act) are mandatory.

Above-ground pools in Daytona Beach must meet the same Florida Building Code barrier requirements as in-ground pools. If the pool wall is 48 inches or taller, it may serve as part of the barrier if access points (ladders, steps) are secured. Building permits are required for installation.

Daytona Beach permits one accessory dwelling unit per single-family lot in zones that allow single-family detached uses, per Land Development Code amendments. ADUs must have a separate kitchen, bathroom, sleeping area, and a distinct entrance from the main dwelling. Architectural consistency with the primary residence is required.

Garage conversions to ADUs are recognized in Daytona Beach. Pre-existing nonconforming accessory buildings may be eligible for conversion without increasing the nonconforming nature. Building permits and compliance with Florida Building Code are required. Adequate parking must be maintained.

Daytona Beach Land Development Code Section 5.3 governs accessory uses and structures including carports. Accessory structures more than 10 feet in height require an additional foot of side or rear setback for every 2 feet (or fraction) over 10 feet. Carports cannot be placed in required interior side or rear yards (the 3-foot accessory setback exemption excludes garages and carports), and accessory structures may not occupy more than 40% of a required rear yard. A building permit is required and Florida Building Code wind-load standards for Volusia County apply.

Accessory structures in Daytona Beach are regulated under LDC Section 5.3. Sheds must be subordinate in use and square footage to the principal structure. Building permits are required for storage structures. Sheds must comply with setback requirements and Florida Building Code wind load standards.

Residential fire pits in Daytona Beach must comply with Florida Fire Prevention Code (FL FS §633). Fire pits must be placed at a safe distance from structures and maintained to prevent fire hazards. Recreational fires in portable containers are generally allowed with safety precautions.

Open burning in Daytona Beach requires authorization from the Florida Forest Service per FL Administrative Code 5I-2. Urban areas generally restrict open burning. Beach bonfires are allowed in designated fire pit rings with reservations, and visitors may bring their own fire pits outside sea turtle nesting season (May 1 - October 31).

Tree removal in Daytona Beach requires a clearing permit under the Land Development Code. Applications must include an explanation of reasons for removal and are acted upon within 20 days. Florida-Friendly Landscaping protections under FL §373.185 apply to homeowner landscaping choices.

Daytona Beach follows St. Johns River Water Management District (SJRWMD) watering restrictions. Irrigation is typically limited to two days per week, before 10 AM or after 4 PM. Outdoor watering accounts for over 50% of residential water use. The city promotes April as Water Conservation Month.

Daytona Beach regulates tree care through its Land Development Code. Damage to trees — including topping, heading back, or reducing canopy spread by more than one-third — is prohibited. Replacement trees must be container-grown Florida grade #1 or better with at least 2.5-inch caliper and 10-foot minimum height.