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Do I Need a Permit to Build a Fence? What the HOA Have to Say?

Wood and Metal Fence: Why You Need One?

You plan to add a new fence to your house in Kyle, TX. On the rural side of Kyle, TX, a farmer also thinks of adding a new fence on his ranch. After deciding you need a fence, you and the rancher wonder: “Do I need a permit to build a fence?”

A permit for your fence can be a tricky question. In some districts, you may need a permit for any fence you erect. In other areas, the HOA (Homeowners’ Association) will determine the type of fence you can build. So, today, we’ll do our best to give you the right answer to this question and save you a lot of problems in the future.

What Are the Fence Laws in Kyle, TX?

What Are the Fence Laws in Kyle, TX

The Code of Ordinances of the City of Kyle, Texas, clearly specifies rules regarding privacy fences.

Quoting the law:

“Sec. 53-994. – Screening. Subsection 3) Privacy Fences

  1. a) All fences required by this subsection and along a common property boundary shall be a minimum of six feet in height.
  2. c) Fences less than or equal to three feet in height shall be allowed in front yards.”

Do I need a permit to build a fence? The short answer is YES. You’ll need to submit a fence permit application to the POA/HOA for approval before building a privacy fence. Remember to consider the height and whether the fence is in the front or backyard.

Asking at Your Local Building Department

When planning to build a fence, keep in mind to ask the Building Department at the City of Kyle. So, when you contact them, you must submit the plans of precisely what you will build. They will evaluate if your design complies with the local law.

Are You Putting the Privacy Fence in the Front or Backyard?

Wood Privacy Fence Built in the Backyard of a House

You will need a permit if you need to build a fence in front of your home.

For instance, Texas fence laws are stricter regarding front yard privacy fences. 

As you read in the Code of Ordinances of the City of Kyle, Texas, any 3-foot fence is allowed in front yards. So, if you want something different and higher, you’ll need a permit to follow the city building rules.

The situation changes when it comes to a backyard fence. As long as you keep the fence at 6 feet tall and neighbors don’t object, there may not be a need for the permit.  

What Are the Fence Laws in Texas?

Cities or property owner associations will often try to regulate things such as fence height. The Property Owners’ Association (POA) is also called the Homeowners’ Association (HOA) in Texas.

Some homeowners might claim that POA boards have too much power when determining what property owners can do with their property.

During the 87th regular session, the Texas Legislature passed S.B. 1588, which amended Chapters 202-209 of the Texas Property Code (TPC) to clarify and refine certain POA powers and duties.

Some revised statutory provisions give property owners more rights regarding swimming pool enclosures and security measures.

202.022 TPC, Swimming Pool Enclosures:

Wrought Iron Fence in the Backyard of a House with a Pool

In this new section, the POA can’t prohibit a property owner from installing a swinging pool enclosure in accordance with local safety requirements. Yet, the POA can still have a say regarding the allowed colors of the pool fence.

202.023 TPC, Security Measures:

In this other section, the POA can’t restrict a homeowner from building perimeter fences. However, the POA might still regulate the type of fencing you can install.

Always Ask Both the Local Building Department & the POA

Always ask the POA, even if the local building office says you do not need a permit for your privacy fence.

Can My Fence Contractor Help Me with My Building Permit Application?

Design Elements of a Wood and Metal Fence

As far as we know, the permit submission is the homeowner’s duty. But duty doesn’t dictate whether or not you can help somebody. Some fence contractors can help homeowners to submit the permit application.

In the case of AMG Fence & Builders, LLC, we help homeowners when they need assistance with the submission of permits.

For instance, some of our grateful clients wrote in their reviews about us:

“Mr. Ramsey came over and walked the area to be fenced with me, and he even submitted the plan to the POA for approval. Once the plan was approved, they started the next day and finished within the week.”

“They’ll even submit the necessary paperwork to your HOA/POA for approval.”

“Alex is quick, responsive, will help with HOA approval, honest, and a pleasure to work with.”

You Need a Permit to Build Any Type of Fence

Whether you will build a wood fence or a ranch style fence, you will always need a permit from the HOA/POA in your city. 

If you need help submitting the permit form for approval, you can always count on AMG Fence & Builders, LLC. We will work hard for you to materialize your projects.

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