Why are There Regulations on the Height of my Fence?

If you are considering having a new fence installed this year, you may have already thought about how tall you want your fence to be. There are so many height options available to you depending on what kind of fence you want, where you want it, and why you want it. Believe it or not, there are rules about how tall your fence can be! Occasionally, we have clients that request a fence height that does not fall within regulations, and we have to inform them about the rules and why they are significant. If you are not familiar with some of these regulations and reasons, this short article details some of them.

Local and HOA Regulations

Usually, regulations about fence heights are enforced by your city or by your HOA (if you have one). Six feet high is generally the tallest a backyard fence can be, while a front yard fence is restricted to four feet high. Why does a front yard fence have to be shorter? Having a tall fence in your front yard could potentially block the view of oncoming traffic and create blind corners for drivers. That is a risky scenario for both drivers and pedestrians. It may be possible for you to have a taller fence in your front yard if it is not a privacy fence (if you can see through it, such as an aluminum fence).

Why can’t a backyard fence be taller than 6ft? This regulation is generally more out of consideration for other people than for the homeowner. Of course, a homeowner with an 8ft tall fence might be perfectly happy from his perspective, but his neighbor may not be. A fence taller than 6ft might begin to obstruct the views to neighbors’ homes, block sunlight, airflow etc. Additionally, homeowners that have built a fence taller than 6ft sometimes report that they feel confined in their backyard rather than simply having some privacy.

Your homeowner’s association may have even stricter rules about your new fence. Your HOA might have regulations about how tall your fence can be, what color it can be, and what material is can be made of. If you have an HOA, be sure to find out what the specific rules are for your project.

Applying for a Variance

There are times when it would be very nice to have a taller fence than is typically allowed. If your home is adjacent to a commercial property, or next to woods with lots of deer (which could jump your fence), or next to a very busy road with lots of trucks and noise, you can apply for a variance when you submit your permit application to your city’s building department. Sometimes the city will grant a one-time variance if you have a good enough reason for one and if your neighbors support your plan.

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