Fence Codes Texas Law
Are you considering building a fence in Texas? Then the first step is to familiarize yourself with city regulations before you start your project. Rules about fence construction exist at each level of government. State laws may govern fence permits, city code may cover zoning, and you may even have applicable homeowners association, or HOA, rules for your specific neighborhood.
Ownership & Maintenace
A common dispute among neighbors is who owns, as well as who is responsible for maintaining the boundary fence between their properties. While Texas does not have a specific state statute, there have been court cases over the years that address this topic. Generally, a landowner in Texas has no legal obligation to share in the costs or future maintenance of a fence built by his or her neighbor on the dividing property line, unless he or she has agreed to do so.
The fence between my property and my neighbor’s property is down. Who has to pay to replace it?
If a fence is located entirely on your neighbor’s property, the fence is considered to be the exclusive property of your neighbor. Consequently, unless you have entered into an enforceable agreement with your neighbor or certain deed restrictions mandate that fences be erected and divide responsibilities among neighbors, you are not obligated to fix the fence on your neighbor’s property, nor can you compel your neighbors to fix their fence. On the other hand, if the fence is on your property, it is your responsibility to fix it, though your neighbor cannot compel you to replace the fence. If the fence was originally installed on your neighbor’s property but fell on to your property as a result of the storm, you can remove the fence from your property in the same way you can move trees and limbs from your property. If the fence is on the boundary line between both properties, both property owners own the fence as long as both “use” it, unless an agreement indicates otherwise. Thus, you and your neighbor would share the cost of repairing and replacing the fence. Check local ordinances for the applicable definition of “use.”
Regulation by Property Owners' Associations
Property owners' associations in Texas cannot prevent an owner from installing certain types of fencing on their property. New laws passed by the Texas Legislature in 2021 prohibit an association from restricting:
-
swimming pool enclosures
-
security measures like perimeter fencing
These new laws do still allow the association to limit the appearance of the enclosure as well as the type of fencing that can be used.
General Requierements for Residentials Fences
-
Building Permit Required? – Fences under 8′ in height do not require a permit, except for masonry or concrete fences, and fences in flood-prone areas.
-
Permit Documentation Needed – Completed building permit application, notarized deed restriction affidavit, two complete sets of plans, cost estimate. Floodplain plan approval is required if applicable.
-
Fence Materials Allowed – All typical residential fence materials, including wood, PVC vinyl, composite, metal ornamental and chain link materials are allowed.
-
Maximum Height Limits – Up to 8′ maximum without a permit.
-
Property Line Issues – The fence must be entirely on the owner’s property. All lot setbacks must be observed. Contact the building authority for information on setback specifications for your specific property.
Specific Rules and Restrictions
-
Front Yard Fences – Fences in front yards must get approval from the Houston Planning and Development Department. They may not be allowed in HOA-controlled developments.
-
Side Yard Fences – Required setbacks may apply, with height restrictions.
-
Back Yard Fences – 8′ maximum height without permit.
-
Corner Lot Restrictions – Observe setback limitations. 15′ sight triangles are required at intersections. Front yard fence prohibitions may also apply in HOA-controlled areas.
-
Other Restrictions
-
Barbed wire, razor wire and electrified fences are not permitted.
-
Homeowners’ Association Issues – Many homeowners’ associations exist in the City of Houston. Deed restrictions and covenants may apply to the height, style and material selection. Check with your HOA first.
Safety
-
State law in Texas requires you to contact Texas 811 at least two business days before starting your fence project. This is a free service that's important for homeowners to use because every property has underground lines for things like water and gas. Hitting one of these lines could cause major property damage if not serious injury. Contacting Texas 811 first will help prevent you and your family from harm, prevent utility services interruptions and avoid costly damage.
-
Besides the issue of underground lines, replacing a current fence or constructing a new fence on your own without experience is not advisable for safety reasons. Building fences requires the use of things like nail guns, dealing with fence panels falling over, and the difficult and potentially dangerous job of removing fence posts.