FENCE RULES – MALVERN (CITY), ARKANSAS
OVERVIEW
Residential fences are permitted on private property within City of Malvern, subject to local regulations. For properties located outside City of Malvern municipal limits, Hot Spring County regulates fences in unincorporated areas.
Local fence rules appear across the City of Malvern Municipal Code, the Zoning Ordinance, the Subdivision and Land Development Code, the Building Department permit materials, and the Building Permit Application. The City does not publish a single standalone residential fence chapter.
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 City of Malvern Municipal Code; City of Malvern Zoning Ordinance; City of Malvern Subdivision and Land Development Code; Building Department, Codes, Permit Applications, Building Permit Application, Frequently Asked Questions, and Fire Department materials as of May 2026.
GOVERNANCE
• Governing Authority: The City of Malvern regulates residential fences through its adopted municipal code, zoning ordinance, subdivision regulations, building-code administration, floodplain regulations, and permit procedures.
• Building Department: The Building Department administers building permits, permit intake, plan review, inspection coordination, and code enforcement for construction-related work. The City’s permit materials state that fence permits are obtained through the Building Department at City Hall.
• Planning and Zoning: The City of Malvern Planning Commission retains authority to carry out adopted zoning, land-use, and subdivision regulations. The Zoning Ordinance contains the City’s residential district framework, visibility rules, floodway overlay rules, floodplain fringe rules, and Board of Zoning Adjustment procedures.
• Subdivision and Land Development: The Subdivision and Land Development Code governs plats, lot splits, easements, drainage improvements, utility easements, public improvements, and subdivision-level development conditions.
• Floodplain Administration: The Code Enforcement Officer serves as the floodplain administrator under the City’s flood damage prevention regulations. Floodplain and floodway review may apply where a fence project involves land disturbance, excavation, drilling, fill, construction, or another regulated development activity in a mapped flood hazard area.
• No Consolidated Fence Code: The City does not publish a consolidated residential fence code. Fence requirements must be read across permit materials, zoning visibility rules, right-of-way rules, floodplain provisions, subdivision/easement rules, and private restrictions.
PERMIT AND APPROVAL REQUIREMENTS
• Fence Permit: The City’s permit materials state that all fence permits must be obtained at the Building Department at City Hall.
• Fences Over 7 Feet: The Municipal Code building-permit fee schedule also lists a $40.00 permit, plus a plot plan showing the fence location, lot lines, and structures, for fences over 7 feet in height.
• Residential Plans and Plot Plans: The City’s permit materials state that residential projects require plans submitted to the Building Department. For fences over 7 feet, the Municipal Code specifically identifies a plot plan showing the fence location, lot lines, and structures.
• Right-of-Way Work: Work in a public right-of-way requires a permit under the Municipal Code. Right-of-way work must remain 18 inches in all directions away from Malvern Water utilities.
• Floodplain Development Permit: In special flood hazard areas, the City’s flood damage prevention regulations require a development permit before regulated development occurs. Development includes manmade changes to real estate, including construction, structures, excavation, drilling, fill, grading, and similar work.
• Floodway Overlay Special Exception: In the FW Floodway Overlay District, fences are listed among uses that may be permitted only by application to the Zoning Administrator and issuance of a Special Exception by the Board of Zoning Adjustment.
• Zoning, Plat, and Site Conditions: The fence permit process is separate from zoning, subdivision, easement, drainage, floodplain, and right-of-way requirements. The code does not publish a separate standard zoning permit for ordinary residential fences outside the specific review contexts described in this section.
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.
• Corner Visibility: On corner lots, no wall, fence, sign, hedge, shrubbery, natural growth, or other obstruction to view higher than 3 feet, 6 inches above the level of the center of the adjacent intersection may be located within the triangular area formed by the property lines and a diagonal line joining points on those property lines 25 feet from their intersection.
• Rounded Corners: For rounded street corners, the tangents to the curve are treated as the property-line references for the 25-foot visibility triangle.
• Rights-of-Way, Streets, Alleys, and Sidewalks: Fences and structures may not obstruct or encroach into streets, alleys, sidewalks, avenues, or other public travel areas in a way that interferes with public use or creates a travel hazard.
• Right-of-Way Utility Clearance: Where a project involves right-of-way work, the Municipal Code requires a right-of-way permit and requires the work to remain 18 inches in all directions away from Malvern Water utilities.
• Easements and Drainage Channels: The Subdivision and Land Development Code identifies utility easements, drainage easements, and open drainage channels as protected development features. No encroachments are permitted in open drainage channels, and platted easements or drainage facilities may limit where a residential fence can be placed.
• Floodplain and Floodway Areas: Where a lot is in a mapped floodplain or floodway overlay area, fence placement may be reviewed under the City’s flood damage prevention regulations, the Floodway Overlay District, and any applicable plat or drainage requirements.
• Utility Safety: Arkansas law requires notice through Arkansas 811 before excavation where the Arkansas Underground Facilities Damage Prevention Act applies. For fence projects that involve digging, including fence post holes, notice may be required before excavation begins. Arkansas law also includes specific exemptions, including certain agricultural-purpose posthole digging on private property outside an operator right-of-way.
FENCE HEIGHT AND VISIBILITY RULES
• General Fence Height: The code does not specify a maximum height for standard residential fences.
• Permit Height Reference: The Municipal Code building-permit fee schedule identifies a permit and plot-plan requirement for fences over 7 feet in height, while the City’s current permit materials state that all fence permits must be obtained at the Building Department at City Hall.
• Corner-Lot Visibility Limit: The Zoning Ordinance limits fences, walls, hedges, shrubbery, natural growth, signs, and other view obstructions on corner lots within the defined visibility triangle. Within that triangle, the obstruction may not be higher than 3 feet, 6 inches above the level of the center of the adjacent intersection.
• Visibility Triangle Measurement: The visibility triangle is formed by the property lines and a diagonal line joining points on those property lines 25 feet from their intersection.
• Floodway Review: In the FW Floodway Overlay District, fences require special-exception review. The floodway review focuses on flood hazard, obstruction, flow capacity, and related floodplain standards rather than a standard residential fence-height limit.
MATERIAL AND CONSTRUCTION LIMITS
• Standard Residential Materials: The code does not specify permitted or prohibited materials for standard residential fences.
• Finished Side and Orientation: The code does not specify a finished-side orientation rule for standard residential fences.
• Opacity, Chain Link, Masonry, and Decorative Standards: The code does not specify opacity limits, chain-link restrictions, masonry-wall standards, or decorative-material requirements for standard residential fences.
• Barbed Wire and Electric Fences: The code does not publish a standard residential rule for barbed wire, electric fences, or battery-charged fences.
• Floodway and Floodplain Construction Context: In floodway or floodplain locations, fence construction may be reviewed under flood hazard, obstruction, drainage, and development standards rather than ordinary residential material standards.
PRIVATE RESTRICTIONS
• Private Covenants: HOAs, subdivision covenants, deed restrictions, architectural-review covenants, private easements, boundary agreements, and similar private restrictions operate independently from City fence rules.
• More Restrictive Private Rules: Private restrictions may be more restrictive than the City’s published rules.
• Plat and Easement Conditions: Subdivision plats, utility easements, drainage easements, access easements, and recorded restrictions may affect where a fence can be placed even when the City’s general code does not state a fence setback.
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 Permit Review: Fence projects are reviewed through the Building Department when a fence permit is required.
• Tall Fence Documentation: Fences over 7 feet are tied to the Municipal Code’s building-permit fee schedule and plot-plan requirement.
• Corner Visibility: Fences, walls, hedges, shrubbery, signs, natural growth, or other obstructions over 3 feet, 6 inches within the 25-foot corner visibility triangle may be reviewed under the Zoning Ordinance.
• Right-of-Way Encroachments: Fences that obstruct or encroach into streets, alleys, sidewalks, avenues, or public travel areas may be reviewed under the City’s street and obstruction rules.
• Right-of-Way Utility Conflicts: Work in a right-of-way may be reviewed for the required permit and the 18-inch clearance from Malvern Water utilities.
• Easements and Drainage: Fences affecting utility easements, drainage easements, open drainage channels, stormwater facilities, or platted development features may be reviewed under subdivision, drainage, and public works standards.
• Floodplain Development: Fence work involving excavation, drilling, fill, grading, construction, or other regulated development in a special flood hazard area may be reviewed by the Code Enforcement Officer as floodplain administrator.
• Floodway Overlay: Fences in the FW Floodway Overlay District may be reviewed by the Zoning Administrator and Board of Zoning Adjustment through the special-exception process.
• Complaints: The Zoning Ordinance allows written complaints regarding alleged violations to be filed with the zoning official for investigation.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within City of Malvern, based on publicly available materials reviewed as of May 2026.
In addition to local fence rules, certain Arkansas laws apply statewide. See Statewide Fence Laws in Arkansas.
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, historic district status, rural or agricultural context, and private restrictions such as HOA covenants or private agreements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Building Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Malvern staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.