FENCE RULES – BURLESON (CITY), TEXAS

OVERVIEW

This page covers residential fence work within the municipal boundaries of the City of Burleson, a home-rule city in Johnson and Tarrant Counties, Texas.

Burleson requires a permit for new and replacement fences and distinguishes privacy enclosures from decorative fencing. Residential privacy fences may reach 8 feet, while decorative fences have a 4-foot maximum, openness requirements and separate placement rules. Corner lots, double-frontage lots and park or trail boundaries receive additional treatment. Wood is recognized; vinyl/PVC is not specifically named in the ordinary fence provisions; chain-link is restricted in certain locations and fence categories. Zoning districts, planned developments, design standards, easements, drainage, visibility and pool-barrier use can change the applicable requirements. Updated November 2026.

Quick question	Burleson answer
Permit or approval	A permit is required for a new or replacement fence. Submit the building application, two dimensioned site-plan copies and the fee; a completion inspection is required. Pool barriers and special-site conditions can require additional review.
Typical fence height	Residential privacy/security enclosures: 8 feet maximum. Decorative fences: 4 feet maximum and no more than 30% solid surface. Visibility areas, park/trail boundaries and special districts have additional rules.
Placement & property lines	Privacy fencing may follow rear and interior side lot lines, subject to the front-yard setback. Corner-lot side setbacks are generally 7 feet, or 15 feet when backing to a key lot. Decorative fencing over 2 feet requires a 7-foot front/side setback. Easements, rights-of-way, floodways and visibility areas can restrict placement.
Common fence materials	Wood: recognized, with construction and location restrictions. Vinyl/PVC: not expressly named. For an ordinary privacy/security fence, a proposed vinyl/PVC product must qualify as an approved building material under §36-2; decorative fences have a separate prescribed-material list. Chain-link: prohibited for decorative fences and along the designated rear line of double-frontage lots; other special restrictions apply.
Important local conditions	Fence rules may be further affected by corner/key lots, multiple street frontages, competing published visibility dimensions, park or trail boundaries, agricultural zoning, planned developments and design districts, drainage or utility easements, floodplain conditions, pools and animal enclosures.
Official local resource	City of Burleson fence permit guidance

The table above is for quick reference. Additional fence-rule details appear in the corresponding sections below. Before purchasing materials or beginning construction, read the sections that apply to the property, review the linked official sources, and confirm site-specific questions with Burleson Building Permits & Inspections or the responsible office identified for that issue.

GOVERNANCE

The City Council adopts Burleson’s municipal regulations. Chapter 36, Fencing and Screening Regulations, contains the principal fence rules. Appendix B supplies zoning and yard provisions; Appendix A supplies subdivision, plat and public-easement requirements; Appendix C contains special design standards. Chapter 36 excludes the Business Park Overlay District and generally controls conflicts with other development ordinances, subject to applicable special-district provisions.

• Fence and building permits: Building Permits & Inspections administers fence applications and inspections. Burleson has adopted the 2021 International Residential Code and 2021 International Swimming Pool and Spa Code, with local amendments. The City reports enforcement of this code package beginning November 2, 2023.

• Zoning, variances and special developments: Development Services administers development review and fence-variance applications. The Development Assistance Committee, Planning and Zoning Commission and City Council have the approval roles assigned by the applicable ordinance. Planned-development approvals, approved plans and recorded plats can establish property-specific conditions.

• Easements, drainage and floodplain: Engineering Services handles easement/right-of-way use agreements and engineering review. The City Engineer serves as floodplain administrator. These functions operate separately from the ordinary fence permit.

• Fire access and animals: The Fire Marshal reviews gates affecting fire lanes and related access. Animal Services administers animal-containment requirements. Code enforcement addresses fence maintenance and public hazards.

PERMIT AND APPROVAL REQUIREMENTS

• New and replacement fences: Burleson requires a permit. The City’s general permit guidance also lists fence repairs/replacements. The published submission consists of the building permit application, two copies of a dimensioned site plan showing the fence location, and the applicable fee. The 2026–2027 fee schedule lists $25 for a new or replacement fence. A completion inspection is required.

• Application details: The building application expressly includes fencing and identifies zoning, floodplain, setbacks and corner/double-frontage conditions. The application is deemed abandoned after 180 days unless pursued in good faith or a permit has been issued. Appendix A expressly allows a fence permit to be issued on an unplatted lot.

• Fence variances: Under Section 36-4, an applicant files the City’s form, supporting documents and fee with Development Services. The current fee schedule lists $250 for a fencing-and-screening ordinance waiver. The City notifies owners adjoining or directly across the street; notified owners have two weeks to oppose. Applicant-obtained owner signatures can expedite the process. Opposition sends the request to City Council.

• Variance limits and findings: Administrative relief requires public safety and neighborhood compatibility, special property circumstances, necessity to provide comparable property rights, consistency with the land-use/comprehensive plan, and no material harm to nearby property or public welfare. A variance cannot allow a residential privacy/security enclosure closer than 5 feet to the corner-lot side line when backing to a key lot, or allow a fence to encroach into an easement.

• Variance appeals: An appeal is filed with Development Services for City Council consideration. Council must hold a public hearing; adjoining and directly opposite owners receive mailed notice at least 10 days before the hearing. Approval conditions must be satisfied before permits issue. Following denial, Council cannot consider another application for the same item or issue for 12 months.

• Pool-barrier work: The Burleson pool application and enclosure affidavit requires a separate fence permit when any pool barrier is constructed or altered. Existing and proposed barriers must appear on the plans. Vehicle-access gates cannot be located within the pool barrier. Barrier components are checked at final inspection, and the pool cannot be used until the final inspection passes.

• Easement/right-of-way improvements: Engineering Services administers use agreements for qualifying improvements within public easements or rights-of-way. The design manual lists masonry fences, masonry fence components and other permanent improvements as agreement items. Wood and chain-link fences may receive discretionary treatment without an agreement. An accepted site plan is required before permitting the improvement; the agreement preserves City access and removal rights. Express fence-location prohibitions still govern the proposed location.

• Flood-hazard property: Chapter 42 requires development permitting for regulated changes in special flood-hazard areas, including excavation, grading, filling and other manmade changes. Applications go to the floodplain administrator and include the applicable scaled plans and information about drainage or watercourse changes. Floodway encroachments require the prescribed engineering review and demonstration concerning flood-level effects.

• Retaining walls: The City requires a permit for installation or repair of a wall 48 inches or more high, measured from the bottom of the footing to the highest wall top, or one supporting permanent construction. Published submissions include a dimensioned site plan and engineered design, generally no larger than 11 × 17 inches. Footing and final inspections and the design engineer’s compliance letter are required.

• Design districts and development entries: The applicable Old Town, Interstate Highway 35, Transit Oriented Development, Business Park or Multi-Family standards can add development-plan review. Subdivision enclosures require Development Assistance Committee approval. Gates across streets or fire lanes require Fire Marshal and Public Works approval before permitting.

FENCE PLACEMENT RULES

• Residential privacy/security enclosures: Section 36-11 permits rear-lot-line placement and interior side-lot-line placement in accordance with the required front-yard setback. On corner lots, the side-property-line setback is at least 7 feet, increasing to 15 feet when the corner lot backs to a key lot. A key lot is an interior lot whose side adjoins the rear of one or more lots. When a corner house faces the intersection diagonally, both street frontages are treated as front yards.

• Residential decorative fences: Decorative fences greater than 2 feet must be at least 7 feet from the front and side lot lines. Decorative fences may otherwise follow residential lot lines subject to the applicable conditions. They cannot encroach into right-of-way, drainage or access easements, or floodway. Front-yard fencing and gates must leave access breaks, with no more than 75% of total frontage enclosed.

• Front-building-setback reference: Privacy-fence placement depends on the applicable zoning/plat building line. Ordinary district front-yard baselines are 25 feet in SFE, SFR, SF16, SF10, SF7, 2F, MH and MHP, and 15 feet in SFA. SFR uses SFE development regulations. Agricultural district A has a 35-foot front-yard baseline. Approved development options and property-specific plans can establish different conditions.

• Established and multiple-frontage building lines: Appendix B Section 132-105 gives effect to front building lines established by plat or earlier ordinance. Where frontage between intersecting streets spans zoning districts, the most restrictive district front-yard requirement governs that frontage. Double-frontage lots generally require front yards on both streets, with stated exceptions for an accessory-building line and lots facing a subdivision wall, subject to the plat.

• Average residential front setbacks: Section 132-105 also uses the average building setback along the block in specified circumstances, counting vacant lots at the district minimum. The provision does not require a front setback greater than 50 feet, or a building setback more than 10 feet greater than a contiguous building’s front setback. A plat- or ordinance-established line supersedes this averaging provision.

• Homes in nonresidential zoning districts: Chapter 36 classifies A, NS, GR, C, CC and I as nonresidential districts. Section 36-12 allows privacy/security enclosures along rear and side lot lines there, but extension into the front-building setback requires specific Development Assistance Committee approval. These enclosures cannot encroach into visibility triangles, rights-of-way, access/drainage easements or floodway. Its decorative fences are limited to 4 feet and 30% solid surface area, with access breaks so fencing/gates bound no more than 75% of front-yard frontage; they cannot encroach into right-of-way, drainage/access easements or floodway, and are limited to 2 feet in visibility triangles.

• Boundaries and recorded rights: Confirm the legal property boundary and the recorded plat before setting posts. A fence, curb, ditch or mapped parcel line may differ from the legal boundary or public right-of-way. Recorded public and private easements can preserve access or limit obstructions. Appendix A’s drainage-easement plat note prohibits fences and other structures within the drainage easement. Utility dedication provisions preserve applicable removal and access rights.

• Subdivision enclosure locations: Approved subdivision walls may follow rear lines and side lines beyond the required front setback, subject to the 2-foot visibility limit and no encroachment into right-of-way, drainage/utility easements or floodway. These perimeter and entry-feature rules apply to the subdivision enclosure.

• Park, trail and open-space boundaries: A required recreational fence adjacent and parallel to a dedicated park, trail or open-space area must retain its prescribed open construction. Opaque walls, wood fences and similar solid screening placed inside the lot behind that required fence are prohibited. Transit Oriented Development standards also require a metal, nonopaque rear fence when a building backs to trails or natural areas.

• Gated streets and fire access: Public streets cannot be gated. Development-entry layouts must provide the required turnaround and fire-truck access and use the specified Knox key-switch system; departures from typical layouts require Public Works approval. Gates across fire lanes require approved plans, Knox entry and a call box. Required fire-lane width must remain unobstructed.

• Drainage and stormwater: Solid fence bases, retaining walls and grading must respect drainage. Water Code Section 11.086 prohibits natural-surface-water diversion or impoundment that damages another property by overflow, subject to its statutory qualifications. Burleson Section 82-169 exempts fence construction from that section’s stormwater management-plan submission, except for retaining walls and fences that may significantly obstruct or change water flow. Other applicable runoff, sediment-control and floodplain requirements remain in effect.

• Floodplain and floodway: In regulated flood-hazard areas, Chapter 42 evaluates development for adverse flood effects. Floodway encroachments require the specified engineering demonstration that flood levels will not increase, with a separate Federal Emergency Management Agency (FEMA) revision procedure for an authorized increase. The City Engineer administers these site-specific requirements.

• Joint or attached fence removal: Agriculture Code Section 143.121 prohibits removal, except by mutual consent or the statutory process, of a dividing fence in which the person is a joint owner, or a fence attached to one another person owns or controls.

• Withdrawing an attached fence: Under Section 143.122, a person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw their fence from the other fence after giving six months’ written notice of the intended separation. The statute directs that notice be given to “the owner of the attached fence or to that person’s agent, attorney, or lessee.”

• Requiring disconnection and withdrawal: Section 143.123 allows an owner whose fence is wholly on that owner’s land to require the owner of an attached fence to disconnect and withdraw the attached fence after giving six months’ written notice of the required disconnection. Notice must be given to the owner of the attached fence or that person’s agent, attorney or lessee.

• Pipeline easements: Health and Safety Code Sections 756.121–756.126 impose separate operator-notice and protective conditions for covered construction on, across, over or under a pipeline easement or right-of-way. Existing written agreements and statutory exceptions affect the process. Read the easement and resolve the applicable operator requirements before placing posts or walls there.

• Texas811 before post digging: Request utility locations before digging, follow the ticket’s lawful start instructions, check responses and site markings, resolve missing or conflicting information through the ticket process, protect the marks and excavate carefully. Utilities Code Chapter 251 covers specified powered or mechanized excavation, including augering, to 16 inches or more. Ordinary notice is at least 48 hours, excluding Saturdays, Sundays and legal holidays, and no earlier than 14 days before work. Its qualifying Saturday-notice rule permits a Tuesday 11:59 a.m. start, or Wednesday 11:59 a.m. if Monday is a holiday. Separate Railroad Commission pipeline rules can cover manual digging deeper than 16 inches; their default ticket life is 14 working days, subject to the specified written agreement, with refresh, response and record duties. Required pipeline locate/response records generally must be kept at least four years. Private irrigation, pool and other customer-owned lines may need separate locating. Utility notice, permits, property permission and pipeline-easement review are separate obligations.

FENCE HEIGHT AND VISIBILITY RULES

• Residential privacy/security fences and walls: The maximum is 8 feet. The same privacy/security maximum applies under Section 36-12 in nonresidential zoning districts, including agricultural district A.

• Decorative fences: The maximum is 4 feet, with no more than 30% solid surface area. Within a visibility triangle, the decorative-fence maximum is 2 feet. Front/side setbacks for residential decorative fences over 2 feet are addressed above.

• Required recreational fences: Along qualifying dedicated park, trail and open-space boundaries, the minimum is 4 feet. Openings cannot exceed 4 inches in diameter, except at access gates and entry points.

• Visibility height: Chapter 36 defines visibility triangles as areas at street, access-easement and alley intersections where structures, growth or objects cannot exceed 2 feet. The City’s Design Standards Manual measures its diagram’s 2-foot limit from the top of curb.

• Design-manual sight geometry: Section 4.5(E) and Appendix G show paired 7 × 60-foot triangles at street intersections and 8 × 70-foot triangles where driveways meet public streets. The street diagram places the short leg inward from the property-line intersection and the long leg along the intersecting frontage; the driveway diagram shows triangles along the street at the driveway opening. Curvature and other sight hindrances can require additional distance or sight analysis under the manual’s American Association of State Highway and Transportation Officials (AASHTO) reference. Deviations require Public Works approval based on adequate sight distance.

• Landscaping-code sight geometry: Section 86-31 separately defines 7 × 60-foot triangles measured from the property corner along property lines, 25-foot legs at uncontrolled intersections, and 7 × 60-foot driveway triangles measured from the pavement/property-line intersection.

• Zoning illustration and site confirmation: Appendix B illustration 12 labels public-street visibility triangles 25 × 25 feet. These published dimensions differ from the design-manual and landscaping-code descriptions. Before locating a fence or gate near an intersection, driveway, alley or access easement, have Engineering Services and Building Permits & Inspections confirm the applicable sight area, reference points and any plat visibility easement for the site.

• Vegetation and screening: Trees, shrubs, hedges and other live screening cannot exceed 2 feet within the Chapter 36 visibility triangle or street right-of-way. Old Town screening cannot extend into a sight visibility triangle. Transitional screening must remain outside the visibility triangle and public right-of-way.

• SFE horse/mule pasture fences: On qualifying Single-Family Estate property, pasture fencing must be at least 5 feet at its lowest point and cannot extend into the front yard between the main building and street. This is an animal-enclosure requirement.

MATERIAL AND CONSTRUCTION LIMITS

• Ordinary materials and supports: Chapter 36 recognizes masonry, wood, chain-link, plaster and other approved building material in its fence definition; walls exceed 3 inches in thickness. Residential privacy/security enclosures require metal poles; the nonresidential-district branch requires metal posts. Vinyl/PVC is not expressly named in that definition. A proposed vinyl/PVC product for an ordinary privacy/security fence therefore must qualify as an approved building material; the text does not give blanket approval to every vinyl product. Residential decorative fences have a separate list of wood picket, lattice work or decorative metal, with or without masonry or stone elements, in §36-11(b)(9).

• Decorative construction: Decorative fences must use wood picket, latticework or decorative metal, with or without masonry/stone elements. They cannot be walls or use chain-link, barbed wire or similar enclosure material, and must meet the 30%-solid limit.

• Chain-link location: Chain-link is prohibited along the designated rear lot line of a double-frontage lot. Separate restrictions apply to decorative fences, Business Park security fences and specified public-pool barriers.

• Barbed wire: Barbed-wire enclosures are generally prohibited. Section 36-13 authorizes existing-at-annexation fencing in the A and SFR districts, barbed wire atop a security fence at least 6 feet high in C or I, and barbed wire in all zoning classifications when the property is used for animal husbandry. Applicable agricultural-operation protections also affect governmental requirements.

• Electric fences: Electrical fencing is generally prohibited, with the Section 36-13 exceptions naming C/I districts and A/SFR animal-husbandry property. An authorized electric fence must stand at least 6 inches inside a nonelectric fence, be Underwriters Laboratories (UL) listed, follow manufacturer installation and maintenance instructions, and display “DANGER, ELECTRIC FENCE” signs on all sides at intervals no greater than 50 feet.

• Recreational-boundary construction: Required fencing beside dedicated parks, trails and open space must be wrought iron or tubular steel, with consistent color/design throughout the development and the height/opening requirements above. Solid screening behind the required open fence is prohibited.

• Subdivision perimeter walls and entry features: Section 36-11(c) requires approved walls or combinations of decorative fencing, with minimum 10 × 20-inch brick columns set on piers at maximum 10-foot centers. Infill may be brick, pressure-treated lumber, plaster, iron or another approved material. The maximum is 8 feet; the provision applies to subdivisions of 10 or more lots and requires Development Assistance Committee plan approval.

• Transitions between uses: Section 36-14 requires the developer of the more intensive property to supply screening where specified nonresidential uses/districts abut residential uses/districts, and where MH, MHP, MF1 or MF2 districts or multifamily/mobile-home uses abut 2F, SFA, SFE, SFR, SF7, SF10 or SF16 districts or single-family uses. The ordinance defines adjacency as sharing a common property line, except for private alleys, public alleys and private access easements. Screening follows the higher-intensity property’s perimeter, entirely on private property, subject to visibility/easement exceptions. It is 8 feet high, consistent in color/design/material, and normally solid masonry or reinforced concrete. The Development Assistance Committee may approve other designs/materials or an irrigated, pruned and maintained live screen. Council, on Planning and Zoning Commission recommendation, may grant the stated temporary/permanent waiver.

• Old Town property: Appendix B’s Old Town rule generally retains Chapter 36 while requiring opaque screening for specified parking and other screened areas and excluding screening from sight triangles. The City’s Urban Design Standards expressly include fences/walls in applicable Old Town development-plan review. New or substantially renovated buildings fall under those standards; substantial renovation exceeds 50% of appraised building value. Fencing bounding a commercial use must be decorative metal or masonry; chain-link and similar-quality fencing are prohibited for that commercial-use category.

• Interstate Highway 35 and Transit Oriented Development projects: Applicable design standards govern new construction, the stated remodeling/alteration work exceeding 50% of appraised structure value, additions increasing gross floor area by 20% or more, and projects under the specified special approvals. Required development review includes the applicable site/design documents. Within the Transit Oriented Development area, rear fencing behind buildings backing to trails/natural areas must be metal and nonopaque. Standalone residential-area playgrounds have fencing requirements; park/open-space contexts have their separate provisions. Under the Interstate Highway 35 screening rule, waste collection, mechanical/HVAC equipment and building-support elements must be screened from the specified opposite-street or highway-frontage property-line viewpoints. Service functions must be integrated into building/landscape design and screened from adjacent properties/public streets, with the stated double-loaded-alley exception; screen materials must be of the same or equal quality as the main building. Transit Oriented Development dumpsters require opaque screening on all four sides at least 6 inches above the dumpster; an alley-edge dumpster enclosure or niche must screen all sides and use matching building material.

• Business Park Overlay District: Chapter 36 is excluded. Under the Business Park design standards, security fencing is prohibited in front yards, cannot be wood or chain-link, and cannot have barbed-wire topping. It may use wrought iron, decorative metal or similar-quality material, must be black, and cannot exceed 8 feet. Placement must be unobtrusive and accompanied by the required landscaping to soften its appearance.

• Multi-Family designated property: The special standards apply to main and accessory uses for new construction and the stated 50%-value or 20%-floor-area alteration/addition triggers. Projects abutting single-family areas must provide boundary fencing except at pedestrian access points. Fencing between multifamily uses and open space is prohibited except for health/safety needs, when it must be open, such as wrought iron. Materials/colors must complement the buildings and surroundings; integral-color block is required when masonry walls are used, and finishes must be durable, maintainable and resistant to graffiti, water staining and local climate.

• Multi-Family fencing details: Section 8-46 calls for exterior-grade opaque screening consistent with the main building. Masonry fencing/screening walls, columns and footings require a Texas-licensed engineer and brick, stone or block construction. Wood must be cedar, redwood, spruce or another durable decay-resistant construction with Council approval. Exterior-finished wrought iron with masonry columns may accompany landscaping; an approved irrigated, pruned and maintained live screen can substitute. Required service-area enclosures must be at least 6 feet high or 6 inches above the dumpster, whichever is greater. Gate swing cannot obstruct pedestrian/vehicle traffic. Fencing screening surface parking from public right-of-way must be 3–4 feet above sidewalk level.

• Private residential pool barriers: Burleson’s adopted pool code and local amendments govern barrier design and construction. The City requires a notarized enclosure affidavit addressing all doors leading from the house and garage directly into the pool area. Its listed alarm option requires activation when the door and its screen, if present, are opened; continuous sound for at least 30 seconds immediately after opening, audible throughout the house during normal household activities; and automatic reset under all conditions. A manual means, such as a touch pad or switch, may temporarily deactivate the alarm for a single opening only, for no longer than 15 seconds, with the deactivation device at least 54 inches above the door threshold. The affidavit also lists self-closing/self-latching devices on all doors leading into the pool area, with release mechanisms at least 54 inches above the threshold, and asks the homeowner to initial one or both options. The owner is responsible for required barrier protection during and after construction.

• Pool covers, natural barriers and pool classification: For one-/two-family dwellings and townhouses, the local amendment exempts the area containing a spa or hot tub equipped with a lockable safety cover complying with ASTM F1346, or a swimming pool equipped with a powered safety cover complying with ASTM F1346, from Sections 305.2–305.7. For those same dwelling types, where the pool or spa area abuts a lake or other natural body of water, no barrier is required between the shoreline and the pool or spa if public access is not permitted or allowed along the shoreline and the required barriers extend to and at least 18 inches beyond the water’s edge. Chain-link cannot serve as a barrier for public pools built after January 1, 1994. Health and Safety Code Chapter 757 concerns specified association and multiunit-rental pool enclosures; ordinary private-home pools have their applicable municipal-code requirements.

• Pet and special-animal enclosures: Animals must be contained by adequate restraint or secure construction; an enclosure in disrepair that permits escape or injury violates the animal ordinance. A dangerous-animal enclosure must be locked, prevent public/child entry and animal escape, be marked as required, and have secure sides and an attached secure top. With no secured bottom, sides must extend at least 1 foot into soil and the ground beneath the gate must be secured by embedded posts; with a concrete bottom, the sides must extend 2 inches into concrete. The enclosure must be species-appropriate, sanitary, adequately lit and provide at least 2 square feet per pound per animal.

• Livestock, fowl and bee barriers: For lawful livestock/fowl keeping, Section 6-8 generally treats enclosure within 100 feet of another person’s occupied building as a nuisance, with exceptions for later-built occupied buildings and A-zoned land. Qualifying SFE horse/mule pasture fences have the 5-foot minimum and front-yard prohibition above. Outside agricultural district A, the chicken/fowl branch requires the specified shelter and fenced run at least 25 feet from the defined occupied building, outside the front yard; a fenced yard alone is not a qualifying coop/pen/hutch. For permitted bees, a colony within 10 feet of a public/private property line requires a flyaway barrier at least 6 feet high, consisting of solid wall, fence, dense vegetation or a combination.

• Agricultural operations: Agriculture Code Chapter 251 and Texas Constitution Article I, Section 36 protect qualifying agricultural operations and practices. Within city limits, governmental requirements are subject to the chapter’s imminent-danger, less-restrictive-means, report and resolution conditions. Agricultural fence/improvement protections retain applicable state/federal law. Operation status and the particular requirement determine coverage.

• Maintenance and repair: Owners must maintain fences, screening walls and live screens, including older installations, in good repair and safe structural condition, with sound supports and fastenings. A fence cannot be 15 degrees or more out of plumb. Broken, damaged or missing components must be replaced within 30 days after code-enforcement notice using the same or comparable composition, color, size, shape and quality, followed by inspection. Documented unusual circumstances may support an extension. A fence not required by a City order, zoning requirement or pool/spa enclosure duty may be removed completely within that period instead of repaired.

PRIVATE RESTRICTIONS

HOA documents, deed restrictions, private architectural requirements, recorded private easements and boundary or maintenance agreements can impose separate requirements within Texas statutory limits. A City permit does not decide fence ownership, boundary title, cost sharing or a neighbor’s consent to entry or attachment. Review the actual recorded instruments and settle any shared construction or maintenance agreement before work.

• HOA security fencing: Property Code Section 202.023 limits restrictive covenants preventing security measures, including perimeter fences. It excludes the specified condominiums and Chapter 215 master mixed-use associations. An association may regulate fence type and prohibit obstruction of license areas, public/community sidewalks and drainage easements/areas. It may require a driveway gate to stand at least 10 feet from the right-of-way where the driveway meets a defined laned roadway. If provided by covenant, it may prohibit new fencing in front of the dwelling’s front-most building line.

• Existing fencing and enhanced security: Section 202.023 protects maintenance of perimeter/front-building-line fencing installed or constructed before September 1, 2025. Its front-building-line restriction exception covers owners whose residential addresses are exempt from public disclosure or who provide law-enforcement documentation of a need for enhanced security.

• HOA pool-safety fencing: Section 202.022 protects a conforming nonclimbable water-feature enclosure made of transparent mesh or clear panels in metal frames, no more than 6 feet high. An association may regulate appearance/colors within the statute, but cannot prohibit the specified black transparent-mesh/metal-frame enclosure. Applicable state and local safety requirements remain part of the protection.

REVIEW AND ENFORCEMENT CONTEXT

Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:

• Fence permits: new work, replacement, repair scope, plan information and completion inspections.

• Location and visibility: front setbacks, corner/key lots, multiple frontages, recorded boundaries, sight areas and the applicable published visibility geometry.

• Construction and special settings: privacy/decorative classifications, supports and materials, park/trail boundaries, required screening, subdivision features and design-district approvals.

• Access, drainage and pools: public/easement access, fire-lane gates, runoff obstructions, floodplain development, pool barriers and door protection.

• Condition and containment: fence stability, missing components, required repairs and animal-enclosure requirements.

• Separate obligations: utility/pipeline precautions and qualifying joint/attached-fence removal requirements remain relevant to the work. Private HOA reviews and ownership/cost disputes follow their applicable documents and law.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within the City of Burleson. Updated November 2026.

In addition to local fence rules, certain Texas laws apply statewide. See Statewide Fence Laws in Texas.

It is not legal advice and does not replace official statutes, ordinances, orders, permits, certificates, development approvals, applicable building-code requirements, surveys, recorded documents or professional guidance. Rules and interpretations may change, and application may vary with municipal or unincorporated location, applicable extraterritorial authority, zoning or special-area status, code adoption and amendments, site conditions, subdivision or plat conditions, easements, rights-of-way, drainage and floodplain requirements, historic or design districts, pool use, agricultural operations and stock laws, fence ownership or attachment, coastal or public-access conditions, utility and pipeline excavation requirements, and private restrictions subject to Texas law. Before purchasing materials or beginning construction, confirm current requirements and site-specific limitations with Burleson Building Permits & Inspections and the responsible office for each applicable issue, and review applicable private agreements. If this page conflicts with controlling law, adopted regulations or official requirements, the controlling authorities govern. For legal advice or legal interpretation, consult a licensed attorney.