Virginia Fences Exempt From Statewide Building Permits

Under the Virginia Uniform Statewide Building Code (13VAC5-63, Section 108), fences are exempt from building permits regardless of height, unless the fence serves as a pedestrian-safety barrier or a swimming-pool barrier. Concrete or masonry walls are exempt only up to six feet above finished grade; taller walls require a building permit. Va. Code § 36-98 makes the USBC the exclusive building regulation, but Va. Code § 15.2-2280 lets localities regulate fence height, placement, and setbacks through zoning, and many require a zoning permit for fences over six or seven feet.

Building a wall over six feet without a required USBC permit can bring a stop-work order and a civil penalty up to $2,500 per violation under Va. Code § 36-106. Zoning violations carry separate local penalties.