Before You Build in Memphis, TN: Permit & Rule Checklist (2026)

Memphis requires pool barriers at least 48 inches tall with self-closing, self-latching gates around all residential swimming pools. The barrier must not have openings larger than 4 inches, and the latch must be at least 54 inches above grade.

Retaining walls in Memphis over 4 feet in height, or any height if supporting a surcharge, require an engineered structural permit. Drainage behind the wall must be designed to prevent hydrostatic failure, a common issue in Memphis loess soils.

Fences in Memphis require a permit when over 4 feet tall in front yards or 6 feet in rear and side yards. All fences must meet setback and visibility-triangle rules. Masonry or retaining walls taller than 4 feet need a separate structural permit.

Tennessee law treats boundary fences as shared when both owners use them, with 50/50 cost splits common by agreement. Memphis has no written good-neighbor fence ordinance, so disputes fall under Tennessee common law and property-line surveys. Written agreements are strongly recommended.

Memphis fence height standards under §150.078: in areas zoned or used for business/commercial: max 6 ft; industrial: max 8 ft. Residential fence heights set by local zoning district in the Unified Development Code. Typical residential: 4 ft front, 6 ft rear/side.

Above-ground pools in Memphis over 24 inches deep require a building permit and compliant barrier. The pool wall may serve as the barrier if it is 48 inches tall and the ladder is removable or lockable. Permanent decks attached to above-ground pools need structural permits.

Memphis requires a 48-inch barrier around all residential pools with self-closing, self-latching gates. Openings cannot exceed 4 inches. House walls used as part of the barrier must have door alarms or a pool safety cover.

Memphis pool safety rules include Virginia Graeme Baker anti-entrapment drain covers, GFCI electrical protection, and emergency signage for multi-family pools. Residential pools must have barriers and compliant lighting; public pools follow Shelby County Health Department rules.

In-ground and above-ground pools over 24 inches deep in Memphis require a building permit from Construction Code Enforcement. Electrical, plumbing, and barrier inspections are part of the permit. Small wading pools and storable hard-sided pools under 24 inches are exempt.

Hot tubs and spas in Memphis require a permit for electrical connection and must comply with barrier or safety-cover rules. A lockable hard cover meeting ASTM F1346 can substitute for the 48-inch fence. GFCI protection and proper wiring are mandatory.

ADUs are permitted in Memphis residential zones through the Memphis-Shelby County Unified Development Code (Chapter 2.7). Size varies by lot: lots 10,000 sq ft–1.5 acres: max 700 sq ft or 1/3 of principal structure ground floor (whichever is less). Lots >1.5 acres: max 50% of principal floor area. Parking required. ADUs may be used as STRs (max 4 bedrooms).

Garage conversions in Memphis to living space or ADUs require building permits from OCCE and must comply with UDC Chapter 2.7 ADU provisions. Tennessee has no statewide ADU mandate; local UDC governs. ADU size limits apply.

Memphis allows carports as accessory structures on residential lots with setback and material compliance. Attached carports meet principal-structure setbacks; detached carports follow accessory-structure rules. Fabric or vinyl instant carports over a permit threshold require approval.

Accessory structures including sheds in Memphis are governed by the Memphis-Shelby County UDC and Tennessee residential building codes (IRC 2018 base). Permits required for structures over 144 sq ft or those with electrical/plumbing. Setbacks set by UDC zoning district.

Memphis has no standalone tiny-home ordinance. A tiny house on a permanent foundation may be built as an accessory dwelling unit under the Memphis and Shelby County Unified Development Code (UDC), capped at 700 sq ft or one-third of the principal dwelling on most lots. Tiny houses on wheels are not allowed as full-time dwellings outside RV parks.

Open burning within Memphis city limits requires two permits: (1) Memphis Fire Department ($50 fee; $75 for 24-hr notice); (2) Shelby County Health Department Air Pollution Control Section. Governed by Memphis City Code §16-50. Burning prohibited on Code Orange air quality days or higher.

Fire pits in Memphis must comply with fire prevention code Ch. 9-36 and TDEC open burning rules. Small fires (3 ft diameter, 2 ft high) must be at least 25 ft from structures; larger fires require 50 ft clearance.

Memphis is served by MLGW from the deep Memphis Sand aquifer and has no mandatory water-use restrictions or drought schedules. Voluntary conservation is encouraged during dry summers. MLGW offers rebates for efficient fixtures but does not impose watering-day rules.

Memphis regulates trimming and removal of public right-of-way trees through the Division of Parks and Urban Forestry. Private trees on private property may generally be trimmed without a permit, but overhanging branches have defined neighbor rights under Tennessee common law.

Tree removal in Memphis governed by the Unified Development Code. Street trees require permit from Memphis Public Works. The Wolf River Conservation greenway and riparian buffers provide additional tree protections near waterways.