Virginia Fence Permit Threshold Under Statewide Building Code

Under the Virginia Uniform Statewide Building Code (13 VAC 5-63, Section 108), fences six feet or less in height are exempt from building permits. Fences over six feet require a building permit because they are treated as structures. Va. Code 36-98 makes the USBC the exclusive building regulation, preempting local building codes. However, Va. Code 15.2-2280 separately authorizes localities to regulate fence placement, height, and zoning compliance through zoning permits. A Virginia homeowner needs both permits when building a tall fence: state-mandated USBC permit if over six feet, and local zoning approval if applicable.

Building without USBC permit: stop-work order, fines up to $2,500 per violation under Va. Code 36-106.