Before You Build in Fort Myers, FL: Permit & Rule Checklist (2026)

Fort Myers does not maintain a municipal shared-fence cost-sharing ordinance. Standard Detail F-1 reminds owners that 'no part of the fence or concrete shall encroach onto other properties' and that locating property lines is the owner's responsibility (call 811 / 1-800-SUNSHINE before digging). Fences within a utility easement remain the owner's responsibility during any utility construction. Disputes over location, encroachment, or cost are civil matters under Florida common law.

Fort Myers does not publish a dedicated retaining-wall ordinance; retaining walls are regulated under the 8th Edition (2023) Florida Building Code adopted citywide. A separate building permit is required, signed and sealed by a Florida-registered design professional for walls exceeding 4 feet in height (footing bottom to wall top) or any wall supporting a surcharge (slope, driveway, or structural load). FBC Section 1817.1 (angle of repose) prohibits excavations within 1 foot of the natural slope under any adjacent footing unless underpinning is provided.

Fort Myers Section 118.3.8 and Standard Detail F-3 allow wood, aluminum, vinyl, ornamental iron, masonry, and other decorative materials. Chain-link is allowed in side and rear yards of residential zones (and may extend to a seawall plus 3 feet on waterfront property) but is prohibited in residential front yards and on corner-lot sides adjacent to a street. No more than three fence types may be installed per property, and ornamental-iron decorative column widths are capped at 24 inches.

A fence permit is required for any new fence in Fort Myers and is issued by the Community Development Department, Building, Permitting & Inspections Division at 1825 Hendry Street, Suite 101. Applicants must submit a standard fence site plan (Standard Detail F-1) showing the fence location, property lines, gates, and adjacent rights-of-way, plus a fence detail (F-2 for chain link, F-3 for all others) certifying compliance with the 8th Edition (2023) Florida Building Code, Section 1609 (Wind Loads).

Under Fort Myers Land Development Code Section 118.3.8, residential rear- and side-yard fences may be a maximum of 6 feet measured from average ground level, and commercial/industrial fences a maximum of 10 feet. Solid fences must sit at least 20 feet back from any right-of-way property line in the front yard. Picket fences in the front yard may be 4 feet tall with a 50% uniform void, or 6 feet tall with a 75% uniform void.

Pool barriers in Fort Myers must comply with Florida Statute 515 (Residential Swimming Pool Safety Act) and FBC Residential 8th Edition (2023) Section R4501.17 / FBC Building Section 454.2.17. The barrier must be at least 48 inches high on the outside, may have no opening that allows a 4-inch-diameter sphere to pass through, and the bottom may not exceed 2 inches above grade. Gates must be self-closing, self-latching, open outward away from the pool, and have a latch release at least 54 inches above the bottom of the gate.

Fort Myers treats hot tubs and spas as 'pools' under the Pool/Spa/Fountain Checklist - signed and sealed plans are required, and the project must comply with the 8th Edition (2023) Florida Building Code, the 2020 NEC, and Florida Statute Chapter 515. The FBC 8th Edition (2023) exempts a spa or hot tub from the standard pool barrier when it is equipped with a safety cover that complies with ASTM F1346-91 (the 'manually operated locking cover' alternative).

Fort Myers requires a building permit for every site-built pool, spa, and fountain, issued by the Community Development Department - Building, Permitting & Inspections at 1825 Hendry Street, Suite 101 ((239) 321-7925). Plans must be signed and sealed and certify compliance with the 8th Edition (2023) Florida Building Code, the 2020 National Electric Code, the Fort Myers Code of Ordinances, and the 2023 Florida Statutes. A separate electrical subcontractor permit is required on all pools, and fences and pool enclosures require separate permits.

Pool barriers in Fort Myers must comply with Florida Statute 515.29 and FBC Residential 8th Edition (2023) Section R4501.17. Required minimums: 48-inch barrier height on the outside face, less-than-4-inch sphere openings, max 2-inch ground clearance, horizontal members spaced at least 45 inches apart (or pickets less than 1-3/4 inches apart if closer), self-closing and self-latching gates that open outward away from the pool, and latch release at least 54 inches above gate bottom on the pool side.

Florida Statute 515.27 (the Residential Swimming Pool Safety Act) lets Fort Myers homeowners satisfy pool safety through any ONE of five options: (1) a barrier meeting FS 515.29; (2) an approved ASTM F1346-91 safety pool cover; (3) exit alarms on every door and window that opens to the pool from the home (minimum 85 dBA at 10 feet); (4) self-closing, self-latching devices on those doors with the release at least 54 inches above the floor; or (5) a swimming pool alarm meeting ASTM F2208. Anti-entrapment drain covers (ANSI/APSP-16, VGB Act) and NEC Article 680 bonding are also required. Failure is a second-degree misdemeanor.

Fort Myers permits non-commercial guesthouses, cottages, and garage apartments accessory to a principal dwelling under LDC § 118.3.11 (defined in Chapter 142). These accessory dwellings are not subject to density calculations. Garage apartments specifically are only permitted in the Dean Park Historic District under LDC § 118.3.4.B. Size is typically capped at 50% of the principal dwelling or 1,000 sq ft (whichever is smaller).

Converting a garage to habitable space in Fort Myers requires a Florida Building Permit and zoning review. If the conversion creates a separate dwelling unit with kitchen and entrance, it becomes a guest house/ADU subject to LDC § 118.3.11. Off-street parking required for the principal dwelling must still be met. Garage apartments specifically are only allowed in the Dean Park Historic District.

Carports in Fort Myers are accessory structures regulated by LDC § 118.3.4.A and require a Florida Building Permit for any structure over 200 sq ft. Engineered hurricane anchorage to 170 mph (Lee County wind zone) is required. Attached carports must meet the principal-building setbacks (typically 20 ft front, 10 ft side, 10 ft rear in RS-5/6/7); detached carports under 200 sq ft may use the reduced 5 ft side/rear accessory setback.

Fort Myers regulates sheds as accessory structures under LDC § 118.3.4.A. Sheds under 200 sq ft may have a 5-foot side and rear setback in residential districts; larger sheds must meet the zone's full accessory setbacks. A Florida Building Permit is required for any shed over 200 sq ft, and engineered wind-load anchorage to 170 mph (Lee County Wind Zone) is required for permitted structures.

Tiny homes on a permanent foundation in Fort Myers are treated as either a single-family dwelling or an accessory guest house under LDC § 118.3.11. They must meet the Florida Building Code (including FBC Appendix Q for dwellings 400 sq ft or less) and the zone's lot size and setback standards. RS-7 (the smallest single-family zone) requires 5,000 sq ft min lot, which precludes ultra-small lot tiny homes. Tiny homes on wheels (RV class) cannot be used as a primary residence in residential zones.

Outdoor burning in Fort Myers is governed by Chapter 40 of the City Code, the Florida Fire Prevention Code (8th Edition, NFPA 1, 2021), and Florida Administrative Code 5I-2 (Florida Forest Service - Open Burning). Recreational fires (3 ft x 2 ft of natural firewood) are allowed without a permit when no burn ban is in effect. Yard-waste and household-trash burning is prohibited under FAC 5I-2.004. Non-residential pile burning requires authorization from the Florida Forest Service Caloosahatchee Forestry Center. Lee County Ordinance 18-09 authorizes the Board of County Commissioners to declare an emergency burn ban prohibiting all outdoor ignition sources (other than cooking grills) when the Keetch-Byram Drought Index reaches 600 or higher; the ban applies inside Fort Myers city limits.

Fort Myers enforces fire pit rules through the Florida Fire Prevention Code (FFPC), 8th Edition (2023), which adopts NFPA 1, 2021 with Florida-specific amendments and became effective December 31, 2023. The City of Fort Myers Code of Ordinances Chapter 40 (Fire Prevention and Protection) is administered by the Fort Myers Fire Department Community Risk Reduction / Fire Prevention Bureau at 2033 Jackson Street. Under NFPA 1 recreational-fire provisions, fire pits must be three feet or less in diameter and two feet or less in height, kept at least 25 feet from any structure or combustible material, burn only seasoned natural firewood, and be attended until fully extinguished. Cooking fires in a grill or barbecue are exempt. During a Lee County emergency burn ban (KBDI ≥ 600 under County Ordinance 18-09) recreational fires are prohibited countywide, including inside Fort Myers city limits.

On a single-family residential lot, Florida Statute 163.045 prevents the City of Fort Myers from requiring a notice, application, approval, permit, fee, or mitigation to prune, trim, or remove a tree if the owner holds documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree poses an unacceptable risk under ISA Best Management Practices — Tree Risk Assessment, Second Edition (2017). Routine pruning outside this exemption is unregulated on private property, but ANSI A300 standards are recommended.

Fort Myers Chapter 138 (Vegetation) of the Land Development Code, including Section 138-46, governs protected-tree removal and requires permitting through the Building, Permitting & Inspections Division (239-321-7925). Florida Statute 163.045 overrides the City permit on single-family residential property when the owner has ISA-certified arborist documentation that the tree is dangerous. Native-species tree removal is specifically listed as a permit-required activity by the City.

Fort Myers Code of Ordinances Chapter 90, Article III (Water Shortage Regulations) enforces year-round landscape irrigation limits aligned with SFWMD Chapter 40E-24, F.A.C. Irrigation is prohibited daily between 9:00 AM and 5:00 PM. Even-numbered addresses may water Thursday and/or Sunday; odd-numbered addresses may water Wednesday and/or Saturday. Hand watering with a self-cancelling nozzle is allowed at any time. Penalties reach $500 per day per violation.