FENCE RULES – FREMONT (CITY), NEBRASKA
OVERVIEW
Residential fences are permitted on private property within City of Fremont, subject to local regulations.
The City of Fremont regulates residential fences through the Unified Development Code, the Fremont Municipal Code, the Building Permits/Inspections permit process, and floodplain review materials where a property is located in a regulated flood hazard area. The current fence standards appear in Unified Development Code Section 11-605: Fences.
This page focuses on typical single-family residential fencing, including rural residential and agricultural residential contexts where applicable. 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 City of Fremont Unified Development Code, Fremont Municipal Code, Building Permits/Inspections materials, Planning & Zoning materials, General Building Permit Application, Flooding and Flood Risks materials, and Floodplain Development Permit Application as of May 2026.
GOVERNANCE
The City of Fremont administers residential fence requirements through the Unified Development Code and the City’s permit process.
The Planning & Development Department enforces zoning, subdivision, and site development regulations and reviews plans for compliance with those requirements. The Planning Director is the named zoning official in the current UDC fence section for required fence permit application review.
Building Permits/Inspections administers building permits, inspections, and plan review. Fremont’s published permit materials treat fence construction as a permit-required project.
Where a fence or wall is proposed in a regulated flood hazard area, the Floodplain Administrator administers the floodplain development permit process.
PERMIT AND APPROVAL REQUIREMENTS
• Fence Permit / Building Permit: A permit is required for all fences. Fremont’s published FAQ states that all fences require a permit regardless of cost, and the Unified Development Code states that no fence may be constructed or reconstructed without a Building Permit.
• Planning Director Review: The Unified Development Code states that a person who intends to construct, enlarge, alter, repair, relocate, or demolish a fence must first apply to the Planning Director and obtain the required permit.
• Fence Section Applicability: The Unified Development Code fence section applies to fences and walls with a height of 30 inches or more above finished grade.
• Permit Application Materials: The General Building Permit Application includes a fence project line, identifies 0-300 lineal feet and 301+ lineal feet categories, requires a plot plan showing the fence location, and states that possible vision clearances will be verified before permit issuance.
• Conditional Use Permit: Chain-link fencing is permitted only in side and rear yards that are not adjacent to a public or private street. Other chain-link locations require a Conditional Use Permit.
• Floodplain Development Permit: A Floodplain Development Permit is required before construction or development begins within any Special Flood Hazard Area. The City’s floodplain permit application includes fences/walls as a project type. If any work is proposed within the floodway, a no-rise certification must be attached.
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.
• Public Right-of-Way: No fence is permitted in the public street right-of-way.
• Drainage: Fences must be erected and maintained so they do not limit or obstruct water flow in natural drainage courses or drainageways created within easements.
• Easements: A fence located on land subject to an easement for water, sanitary sewer, storm sewer, gas, electric, telephone, utility poles, cables, or similar lines must be designed and constructed to be readily removable. The fence is subject to removal when necessary to permit easement access, and removal or replacement cost is the fence owner’s responsibility.
• Corner Lots: In a residential district, no fence or continuous planting may be maintained within 30 feet of any corner lot street intersection, measured at the street centerline, if it would impair the clear sight triangle of a motor vehicle operator.
• Utility Safety: Nebraska law requires notice through Nebraska 811 before excavation begins. For fence projects that involve digging, including fence post holes, notice generally must be given at least 2 full business days and not more than 10 business days before excavation begins, subject to limited exceptions.
FENCE HEIGHT AND VISIBILITY RULES
• Front and Street Side Yards: No fence or wall over 42 inches in height or more than 50% opaque may be located in any front or street side yard.
• Side and Rear Yards: No fence or wall over 6 feet in height may be maintained in any side or rear yard unless the fence or wall is next to a nonresidential use.
• Corner Visibility: In residential districts, fences and continuous plantings may not be maintained within 30 feet of a corner lot street intersection, measured at the street centerline, if they impair the clear sight triangle of a motor vehicle operator.
• Height Measurement Along Streets: For a fence or wall along a street right-of-way, grade is measured from the highest point of the pavement between the intersection of the centerline and a projection of the side lot lines.
• Height Measurement Between Front Lot Line and Front Building Line: For a fence or wall between the front lot line and the front building line, grade is prorated between the grade at the front lot line and the grades at the building.
• Height Measurement Along Rear Areas: For a fence or wall along the rear lot line, or between the front building line and the rear lot line, grade is measured from the grade at the building.
MATERIAL AND CONSTRUCTION LIMITS
• Allowed Materials: Fences may be constructed only of weather-resistant or pre-finished wood, PVC/resin, stone or masonry materials, or ornamental wrought iron or powder-coated aluminum for fences or walls that are not used for screening purposes.
• Chain-Link: Chain-link fencing is permitted only in side and rear yards, and not adjacent to a public or private street. Other chain-link locations require a Conditional Use Permit.
• Barbed Wire / Electric / Injurious Features: Barbed wire fences are not permitted for ordinary residential fencing. The UDC definition includes fences with barbs, blades, razors, electric current, or other features specifically designed to injure or abrade an individual or animal that attempts to negotiate the fence.
• Finished Side Orientation: The finished side of all fences must face outward toward adjacent rights-of-way. Support posts and stringers must face inward toward the property on which the fence is located or toward the subdivision it screens if located on commonly owned property.
• Opacity: Fences in front and street side yards may not be more than 50% opaque.
PRIVATE RESTRICTIONS
Private restrictions operate independently from City fence regulations and may be more restrictive than the Unified Development Code.
The Unified Development Code states that private restrictions are not abrogated by City regulations. It also states that only the provisions of the UDC are enforced on property located within the City and its extra-territorial jurisdiction. Unless the City is a party to a private restriction, the City does not search for, interpret, or enforce private restrictions.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Permit Requirement: All fences require a permit, and no fence may be constructed or reconstructed without a Building Permit.
• Planning Review: Fence applications are reviewed under the Planning Director process identified in the Unified Development Code.
• Plot Plan and Vision Review: The General Building Permit Application requires a plot plan showing fence location and states that possible vision clearances will be verified before permit issuance.
• Height and Opacity: Review may include the 42-inch and 50% opacity limits for front and street side yards and the 6-foot limit for side and rear yards unless the fence is next to a nonresidential use.
• Corner Visibility: Review may include the 30-foot corner visibility rule for residential districts, measured at the street centerline.
• Right-of-Way, Drainage, and Easements: Review may include whether a fence is outside the public street right-of-way, avoids drainage obstruction, and is removable where placed within a utility or similar easement.
• Materials and Orientation: Review may include allowed materials, chain-link location limits, prohibited injurious features, and finished-side orientation.
• Floodplain Review: Where a fence or wall is proposed in a Special Flood Hazard Area, a Floodplain Development Permit is required before construction or development begins. If work is proposed in the floodway, a no-rise certification must be attached.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within City of Fremont, based on publicly available materials reviewed as of May 2026.
In addition to local fence rules, certain Nebraska laws apply statewide. See Statewide Fence Laws in Nebraska.
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, 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 Planning & Development Department and Building Permits/Inspections and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Fremont staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.