Before You Build in Herndon, VA: Permit & Rule Checklist (2026)

Herndon allows fences up to 6 feet in rear and side yards and up to 4 feet in front yards. Corner lots and visibility triangles at intersections have additional height restrictions to preserve traffic sight lines.

Residential swimming pools in Herndon require a barrier at least 48 inches high with self-closing, self-latching gates opening outward from the pool. Requirements follow Virginia USBC and apply to both in-ground and above-ground pools over 24 inches deep.

Virginia has no statutory shared fence cost law. Herndon does not require neighbors to split fence costs. Fence ownership, maintenance, and replacement are the responsibility of the installing owner unless neighbors reach a written agreement.

Pool barrier rules in the Town of Herndon are governed by the Virginia Uniform Statewide Building Code (13VAC5-63), which adopts the International Swimming Pool and Spa Code (ISPSC). Residential pools deeper than 24 inches require a barrier at least 48 inches high with self-closing, self-latching gates. Va. Code §15.2-921 authorizes localities such as Herndon to adopt fencing ordinances within these statewide limits.

Herndon permits accessory dwelling units (ADUs) in certain residential districts with a special exception or by right depending on zoning. ADUs must be subordinate to the primary dwelling, have a separate entrance, and comply with parking and owner-occupancy requirements. Virginia encourages but does not mandate ADU approval under VA Code §15.2-2292.1.

Converting a garage to living space in Herndon requires a building permit, compliance with the Virginia USBC for habitable space, and zoning review. Converted space must meet egress, ceiling height, ventilation, and insulation standards. Required off-street parking typically cannot be eliminated, so conversions often need replacement parking. HOA approval is commonly required.

In Herndon, sheds 256 square feet or smaller and one story do not require a building permit under the Virginia USBC, but still must comply with zoning setbacks. Sheds over 256 sq ft require a building permit. All sheds must respect property lines, typically with minimum setbacks of 5 feet from side and rear lot lines, and comply with lot coverage limits and HOA rules.

Open burning in Herndon is tightly restricted. The Virginia 4 PM Burning Law (VA Code §10.1-1142) prohibits burning before 4 PM from February 15 through April 30 within 300 feet of woodland. Burning of trash, leaves, and construction debris is banned year-round. Only small recreational fires of clean wood are generally allowed without a permit.

Portable fire pits and chimineas are permitted in Herndon under state fire code. Recreational fire rules apply: ≤3 ft fuel diameter, ≥25 ft from structures, dry wood only. Multi-family balcony restrictions apply under Statewide Fire Prevention Code §307.4.4.

Herndon is served by Fairfax Water, which implements regional conservation measures during droughts. Virginia DEQ issues drought advisories and the Governor may declare drought emergencies. During severe stages, outdoor watering, car washing, and non-essential water uses are restricted. Violations of mandatory restrictions can incur fines.

Herndon protects trees through zoning-based tree canopy requirements and limited restrictions on heritage and specimen trees. Removal of healthy trees on private residential lots generally does not require a permit unless the tree is part of a required buffer, conservation easement, or site plan condition. Commercial and new development sites face tree preservation ordinances.