Fencing Permits & Regulations Texan Homeowners Should Know

As a Texas homeowner in Austin, Cedar Park & Round Rock, you’re considering installing fencing. Maybe you want to mark your legal property lines, increase your privacy and security, help enhance your curb appeal, or maybe even have some livestock you need to contain if you live in a more rural area. Whatever the reason, maybe it’s not as simple as erecting a fence and then calling it a day. You need to consider fencing permits and the local regulations you need to follow before you dig your first post hole. Fencing permits are required and ensure fences are built safely and legally. So, in this article, we’ll highlight the most important fencing laws to adhere to so you can build a fence correctly! Read on to get this information post-haste!

Remember Fence Height Restrictions for Your Fencing Project

Why Are Fence Height Restrictions so Important?

Fence height restrictions are important because they are designed to prevent fences from obstructing the views of drivers and pedestrians. This can be especially important if you have a fence on a corner lot. If you have a very tall fence on a corner lot, it can block the view of oncoming traffic, increasing the risk of an accident happening. Fences also can establish boundary lines and, if the fences stay within a certain height, lend a certain kind of uniformity to your neighborhood. For example, if you have a tall aluminum fence, your neighbor might get annoyed because it obstructs their view and becomes a kind of eyesore for them. By following these restrictions, you can avoid receiving heavy fines, eliminating the chances of getting into a kind of legal dispute or having to spend money to remove or modify the fence. While it is not impossible to get a taller fence with the proper permit, oftentimes, it is better to opt for the more convenient option of following the rules.

What are the Height Requirements You Need to Meet?

While your local Texas fence laws, HOA requirements, or regulations might vary based on where you live, there is a good general rule of thumb to follow when it comes to general residential fence height limits. For instance, backyards or sideyards usually allow fences up to 6 feet high. Fences for front yards are shorter, typically 3-4 feet tall. This is usually because front yard fences are for decorative or ornamental purposes, not for safety or privacy. Cornet lots are areas near intersections or driveways (Also known as clear vision triangles) that are often restricted to no more than 30 inches to allow drivers and pedestrians to see clearly. Ultimately, you should always check with your local city or township ordinances. Since these rules can vary, your fence heights might too. It may sound trivial, but it can escalate into serious problems if your fence exceeds the limit. It may result in a letter to modify or remove your fence. You should try your best to avoid this frustrating and sometimes costly occurrence. By keeping within your local texas fence laws, you should be seen as good in the eyes of the law. Always try to check for additional laws and restrictions in your area.

How Utility Easements Can Affect Your Fencing Project Plans

What are Different Kinds of Utility Easements?

Utility easements allow utility companies to access private property for installing, maintaining, or repairing utility infrastructure. They can come in several forms, above-ground and underground. Above-ground utility easements like overhead power lines, telephone poles, and transformers are built. They can cross over private property, and utility companies can access and maintain them when necessary. Underground utility easements like water pipes, sewer lines, gas pipelines, and fiber-optic cables are other utility easements. You can usually tell what type they are since they are color-coded. For example, blue utility easements mean potable water, green for sewer, red for electrical and lighting, etc. Utility easements are also grouped into two categories: public utility easements and private utility easements. Government entities or municipal providers that help serve the broader community, like a neighborhood or town, grant public utility easements. Private landowners and utility companies own private ones. These often are for utilities that serve specific properties and developments. Regardless of their public or private status, homeowners have to do their best not to obstruct them and prevent a utility company or government worker from accessing them. This can apply even if the utility easement infrastructure is not directly on your property. They are essential so utility providers can access, maintain, and upgrade them for public and private lands.

How to Factor Them Into Your Fencing Plan

Utility easements are something that requires special thought when you’re making your fencing plan. By considering them, you can avoid legal issues, costly removals, or disrupting the utility easement’s efficiency. First, you should review your property deed and local land records. This will help you to know where the utility easements are located. You’ll be able to identify them since they are oftentimes marked with a property plate, which you can help locate and identify with a local surveyor. Next, you should know the restrictions. Since utility companies have the right to access, maintain, and repair your infrastructure, you must ensure your license doesn’t obstruct it. You can also consult with local laws and utility companies. Try to secure any required permit and written consent from your utility company. If you don’t, you could be fined or have to remove the fence you just installed. Lastly, notify easement holders of your plans and maintain open communication. Also, try to keep records of permissions, permits, and correspondence. Documentation helps clear up any confusion that could take place. If you cooperate with your local utility company and know what you can and can’t do, you can build your fence without issue.

Consider Local Zoning Laws For Your Fencing & HOA Approval

How Local Zoning Laws Come into Play

Local zoning laws might not be the first thing you think about when planning a fence, but they can make a big difference in how your project plays out. These laws regulate how land is used in specific areas, which includes rules on fence placement, height, and materials. If you’re living in a residential zone, the rules are often more restrictive than in commercial or rural areas. Even things like whether your property borders a public road or sits on a corner lot can impact what you can do. That’s why checking your local zoning maps and speaking with someone at the city planning office is important. They can help clarify what is or isn’t allowed for your address. It might feel like an extra step, but it helps you avoid headaches later. Violating zoning laws could result in a stop-work order or tearing down part of the fence, which no homeowner wants to face. Doing a little homework upfront can save you time and money.

Ways to Obtain HOA Approval

If you live in a neighborhood with a Homeowners Association, getting their approval should be part of your fencing plan from the very beginning. HOAs often have their own rules when it comes to fencing, and those rules can be surprisingly specific. They may have guidelines on color, material, height, or even which direction the smooth side of the fence must face. These rules are usually implemented to maintain a uniform look across the neighborhood, but they can easily be overlooked if you’re not careful. Review your HOA’s CC&Rs, or Covenants, Conditions, and Restrictions. Most associations require a formal application that outlines your plans in detail, sometimes including contractor information or material samples. Once you get the go-ahead, keep all documentation on file. It’s your safeguard if anyone raises a concern after installation. When you follow the right steps and keep your HOA informed, you can confidently move forward, knowing your new fence won’t cause friction with the community.

Conclusion

Now that you understand the Texas fence laws, the nuance of fencing regulations, and the importance of how HOAs impact your fence installation, you may feel ready to install your new fence now that you’ve got all your ducks in a row. However, suppose you lack the technical experience of building a new fence. In that case, we recommend you go with a reliable professional who can build you a safe and secure fence safely and responsibly.

That’s where Southern Love comes in! We build high quality fences for our clients that our clients love. We always abide by local regulations. How? This is because we’re a local company that knows the ins and outs regarding Texas fence laws and local regulations. We won’t just install a fence correctly but with high-quality materials to withstand the elements and harsh Texas weather. For Austin, Cedar Park, & Round Rock, TX residents, we’ve got your fence-building needs covered! Contact us today, and we’ll provide you with a safe, secure, and well-protected landscape.