FENCE RULES – LEE (COUNTY), ALABAMA
OVERVIEW
Residential fences are permitted on private property within Lee County, subject to local regulations. This page applies to properties in the unincorporated areas of Lee County; incorporated municipalities may regulate fences under their own ordinances.
Lee County does not publish a consolidated residential fence chapter. Residential fence context appears across the Lee County Flood Damage Prevention Ordinance, the Lee County Subdivision and Land Development Regulations, the Lee County Zoning Regulations for zoned election beats, Building Inspections permit materials, the Lee County Access Management Policy, and stormwater materials administered through the Lee County Highway Department.
This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.
Compiled From the Lee County Flood Damage Prevention Ordinance, Lee County Subdivision and Land Development Regulations, Lee County Zoning Regulations, Lee County Building Inspections administrative-code and application materials, Lee County Highway Department Stormwater materials, Lee County Access Management Policy, and Lee County Planning Commission materials as of May 2026.
GOVERNANCE
The Lee County Commission is the governing authority for unincorporated Lee County.
Lee County does not publish one consolidated residential fence code. Fence-related requirements appear instead in floodplain, subdivision, zoning, access-management, stormwater, and building-administration materials.
Lee County Building Inspections administers adopted building-code materials and the county floodplain ordinance. Under the Lee County Flood Damage Prevention Ordinance, the Chief Building Official serves as the Floodplain Administrator.
The Lee County Highway Department and County Engineer administer access, right-of-way, drainage, and stormwater-related standards through the county subdivision and access-management materials.
The Lee County Planning Commission and Lee County Planning Director administer zoning where zoning has been authorized. Current Planning Commission materials state that only election Beat 13 has zoning regulations at this time.
PERMIT AND APPROVAL REQUIREMENTS
• Standard Residential Fences: Lee County does not publish a local fence permit requirement for standard residential fences in the official source materials reviewed for this page.
• Building-Code Background: Lee County publishes adopted building-code materials, including the 2021 International Residential Code, but the local materials reviewed for this page do not publish a fence-specific building-permit trigger for ordinary yard fences.
• Zoning Compliance: Building permit requirements are separate from zoning, setback, or plat requirements. Confirm any applicable zoning conditions, setbacks, and plat requirements with Lee County Planning Director before construction.
• Floodplain Development Permit: A Floodplain Development Permit is required before development in FEMA Special Flood Hazard Areas or Lee County-designated flood-prone areas. The floodplain ordinance includes fence construction in flood-hazard review context.
• Floodway Fencing: Fencing in a floodway is prohibited unless it is demonstrated that the fence will not cause any increase in the base flood elevation. Appropriate analysis and documentation must be submitted with the Floodplain Development Permit for review and approval.
• Subdivision and Plat Review: Fence work associated with a subdivision, platting action, group development, drainage easement, or recorded plat note may be reviewed through the Lee County Subdivision and Land Development Regulations. The county’s plat notes state that all structures, including fences, are prohibited on easements.
• Access and Driveway Approval: A fence project that includes or changes driveway access, road access, or work affecting a Lee County maintained road may require separate access approval through the Lee County Highway Department and County Engineer.
• Pool and Spa Barrier Projects: Lee County enforces the 2021 International Swimming Pool and Spa Code and publishes a Swimming Pool Application Packet. A fence or barrier used as part of a pool or spa enclosure is reviewed separately from an ordinary yard fence under the applicable pool-permit and pool-code process.
FENCE PLACEMENT RULES
• Property Lines: The ordinance does not state a setback requirement for standard residential fences from property lines; however, fences must be located entirely on the owner’s property and must not encroach into rights-of-way or easements.
• Yard Placement: The code does not specify separate front-yard, side-yard, or rear-yard placement limits for standard residential fences.
• Easements: Subdivision plat notes require easements to be privately maintained, prohibit all structures including fences on easements, and state that access to easements must not be restricted.
• Rights-of-Way and Access: Fences must not encroach into public rights-of-way or interfere with approved access, drainage, or sight-distance conditions administered by the County Engineer or Lee County Highway Department.
• Driveways and Corner Lots: For subdivision corner lots at public-road intersections, driveway placement must provide at least 125 feet of clearance between the centerline of the first driveway and the nearest edge of traveled way of the intersected road and must meet the Lee County Access Management Policy.
• Subdivision Screening Strips: Where the subdivision regulations require a residential buffer strip next to railroad rights-of-way, arterials, or expressways, the strip must be reserved for screening and the plat statement prohibits placement of structures there.
• Flood Hazard Areas: In flood hazard areas, new or replacement fences may be allowed only where they do not act as a flow boundary, redirect flood flow, collect flood debris and cause blockages, cause localized increases in flood levels, or become damaging debris if damaged.
• Floodways and Stream-Bank Encroachments: Fencing in a floodway is prohibited unless documentation shows no increase in base flood elevation and is submitted with the Floodplain Development Permit. In SFHAs without base-flood-elevation data, encroachments, including structures or fill, are restricted within the width of the stream or 25 feet from the top of stream bank, whichever is greater, unless engineer certification demonstrates no increase in flood levels.
• Boundary Markers: The Lee County Subdivision and Land Development Regulations require permanent reference points and lot-corner markers for subdivisions. These markers are boundary-control features, not fence setback lines.
• Utility Safety: Alabama law requires notice through Alabama 811 before excavation where Alabama’s underground damage-prevention law applies. For fence projects that involve digging, including fence post holes, notice generally must be given within 2 to 10 full working days before excavation begins, not counting the day of notification.
FENCE HEIGHT AND VISIBILITY RULES
• Standard Residential Fence Height: The code does not specify a maximum height for standard residential fences.
• Building-Height Rule Not Applied to Fences: The Lee County Zoning Regulations state a maximum building height of 45 feet for residential buildings and 60 feet for nonresidential buildings. That published standard applies to buildings, not to standard yard fences.
• Floodplain Flow Standard: Floodplain rules do not set an ordinary fence-height limit, but fence design in flood hazard areas must not redirect flow, trap debris, cause blockages, increase flood levels, or become damaging debris.
• Driveway and Roadway Visibility: The Lee County Access Management Policy requires access points to address sight distance, drainage, right-of-way encroachments, and related safety criteria where access connects to Lee County maintained roads.
• Subdivision Intersection Visibility: Subdivision intersection design standards require adequate sight distance. Roads under 2,500 ADT use the Alabama Department of Transportation County Road Design Policy, and roads over 2,500 ADT use AASHTO standards.
MATERIAL AND CONSTRUCTION LIMITS
• Standard Residential Materials: The code does not specify permitted or prohibited materials for standard residential fences outside the floodplain and easement contexts.
• Flood Hazard Areas: In flood hazard areas, fence construction must not create a flow boundary, redirect flow, trap debris, cause blockages, increase flood levels, or create debris that may damage structures.
• Floodways: Stockade and wire-mesh fences with potential to block or restrict floodwaters must satisfy floodway encroachment requirements before approval in a floodway.
• Easements: Subdivision plat notes prohibit all structures, including fences, on easements.
• Rural and Agricultural Context: The zoning materials for zoned areas recognize agricultural and forestry uses, hobby or recreational farms, stables, and similar rural uses, but they do not publish separate local livestock-fence material standards for standard residential lots.
PRIVATE RESTRICTIONS
Private covenants, HOA rules, deed restrictions, easements, and subdivision restrictions operate independently of county regulations and may be more restrictive.
The Lee County Subdivision and Land Development Regulations state that private provisions remain operative and supplemental where they are not inconsistent with county regulations or county determinations, and that neither the Lee County Commission nor the County Engineer is responsible for enforcing private easements, covenants, or private agreements.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Floodplain Development: Fence work in SFHAs or Lee County-designated flood-prone areas that constitutes development is reviewed by the Chief Building Official as Floodplain Administrator through the Floodplain Development Permit process.
• Floodway Fencing: Fencing in a floodway requires documentation showing no increase in base flood elevation. Stockade and wire-mesh designs that can block or restrict floodwater must meet floodway encroachment requirements.
• Easement Conflicts: A fence shown or installed on an easement in a subdivision conflicts with the plat note prohibiting all structures, including fences, on easements.
• Access and Right-of-Way Conflicts: Projects affecting access to Lee County maintained roads are reviewed under the Lee County Access Management Policy, including sight distance, drainage, and right-of-way encroachment conditions.
• Subdivision and Plat Context: Fence-related issues may be reviewed where a subdivision plat, drainage easement, screening strip, utility easement, flood zone, or access point is part of the recorded development layout.
• Zoned Beat 13: In zoned areas, zoning compliance is administered by the Lee County Planning Director. The published zoning materials do not create a fence-specific height or material standard for standard residential fences.
• Pool and Spa Barriers: Fence or barrier components of a pool or spa project are reviewed separately through the pool-code and pool-application process.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within Lee County, based on publicly available source materials reviewed as of May 2026.
In addition to local fence rules, certain Alabama laws apply statewide. See Statewide Fence Laws in Alabama.
It is not legal advice and does not replace official ordinances, permits, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, floodplain status, rural or agricultural context, and private restrictions such as HOA covenants. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Lee County Building Inspections, the Lee County Planning Director, the Lee County Highway Department, or the Chief Building Official / Floodplain Administrator, as applicable, and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Lee County staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.