Homeowners are constantly fed the same fairy tale:
“It’s just a fence. No permits. No rules. No problem.”
That line has financed more leaning, rotting, HOA-violating, tear-it-out-and-do-it-again fences than any hurricane ever has.
Let’s fix that.
- The City Still Runs the Show (Yes, Even for Fences)
Cities regulate fences through zoning ordinances, not vibes.
Translation:
- Your fence has a height limit
- It can’t go everywhere you want
- Corner lots don’t get special privileges
- Utility and drainage easements are not “suggestions”
When someone says “no permit required”, what they usually mean is:
“The city will wait until it’s built before telling you to remove it.”
- The HOA: The Boss You Forgot You Had
If you live in an HOA, congratulations-you have two governments.
HOAs routinely control:
- Fence height
- Fence style (board-on-board, side-by-side, etc.)
- Which side faces out
- Whether it can be stained-and what color
- How it returns to the house
Your fence can be:
- ✔ Totally legal per the city
- ✘ Still a violation per the HOA
And no, “but the city approved it” is not a defense. HOAs don’t care. Neither does the resale buyer.
- “The Code Doesn’t Cover Fences” – That’s Cute, But Wrong
It’s true that the building code doesn’t have a cozy little chapter titled “Wood Privacy Fences.”
That does not mean fences are unregulated.
The code still says:
- Structures must resist wind
- Posts must be properly supported
- Wood in the ground must not rot
- Cut ends of treated posts must be protected
When a fence leans, racks, or falls over, inspectors and engineers don’t shrug-they open the code.
- Ground Contact: Where Cheap Fences Go to Die
This is where most fences fail, and where most contractors get lazy.
What actually happens:
- Untreated cedar gets buried “because cedar is rot resistant”
- Posts get cut and shoved in the ground raw
- Holes are too shallow
- Concrete traps moisture like a sponge
Then, two to five years later:
- The fence starts leaning
- Posts snap off at grade
- The contractor vanishes
Stain does not resurrect buried wood. Ever.
- Stain Is Not Structural. Stop Pretending It Is.
Stain is great for:
- Making the fence look nice
- Slowing surface weathering
- Impressing the neighbors for about 18 months
Stain does not:
- Stop rot underground
- Fix shallow posts
- Prevent wind failure
- Upgrade untreated wood into compliant wood
If the structure is wrong, staining it is just embalming the problem.
- Digging Is Regulated (Yes, Even “Just Fence Posts”)
Fence installation requires digging. Digging in Texas triggers state law.
Skipping utility locates can lead to:
- Utility damage
- Forced fence removal
- “Why is this my problem?” conversations with the city
Putting posts in an easement is a great way to fund your fence twice.
- Why Fence Disasters Show Up Later
Fence problems rarely show up on Day One. They show up:
- After the first big wind event
- When the HOA does a compliance sweep
- During a home sale
- When the buyer’s inspector starts asking questions
At that point, the fix usually involves saws, concrete, and regret.
The Uncomfortable Truth
A wood fence is governed by:
- City zoning rules
- HOA rules (if applicable)
- Building-code performance requirements
- Mandatory ground-contact wood standards
- State excavation laws
A contractor who tells you “none of that applies” isn’t confident-they’re counting on you not finding out until it’s too late.
One Question That Solves Most Fence Problems
Before you hire anyone, ask this:
“Explain exactly why this fence complies with the city, the HOA, and durability requirements.”
If the answer includes:
- “We’ve always done it this way”
- “Nobody enforces that”
- “Cedar doesn’t rot”
- “Stain will protect it”
You already know how this ends.
