FENCE RULES – PRESTON (COUNTY), WEST VIRGINIA
OVERVIEW
Residential fences are permitted on private property within the unincorporated portions of Preston County, subject to applicable county and state requirements.
This page applies to the unincorporated portions of Preston County. Preston County states that it has no zoning; incorporated municipalities handle construction questions within their own boundaries through their municipal offices. Separate floodplain, road, utility, statewide fence-law, and private requirements may still apply where published.
Preston County publishes the Preston County Floodplain Ordinance and a Building Permit Application for Flood Hazard Areas of Preston County. These materials establish a floodplain development permit process through the Preston County Office of Emergency Management / Building Permit Office, but they do not expressly state that standard residential fences require the floodplain permit.
This page focuses on typical single-family residential fencing. If the jurisdiction’s code, ordinance, or zoning materials do not state a specific limit or requirement, this page notes that the controlling regulatory text does not specify one. If no local code, ordinance, or zoning text is available in the approved source packet, this page notes that the jurisdiction does not publish the relevant standard in the referenced published materials.
Compiled From the Preston County Frequently Asked Questions; Preston County Ordinances / Forms; Preston County Floodplain Ordinance; Building Permit Application for Flood Hazard Areas of Preston County; Preston County Office of Emergency Management information; West Virginia State Building Code materials; West Virginia 811 requirements; West Virginia fence statutes; and WVDOH encroachment materials as of July 2026.
GOVERNANCE
The Preston County Commission is the governing authority for unincorporated Preston County. The county’s official FAQ states that the county has no zoning, and the referenced published materials do not identify a county zoning ordinance, zoning map, zoning district system, or fence-specific zoning office.
The Director of the Preston County Office of Emergency Management serves as Floodplain Administrator under the Preston County Floodplain Ordinance. The flood-hazard application identifies the Preston County Building Permit Office at the Office of Emergency Management and states that permit approval is for flood-hazard permit purposes only.
The referenced published materials do not establish that Preston County has adopted and currently enforces the West Virginia State Building Code. The referenced published materials do not identify a county adoption order, general building-code department, applicable code edition, inspection program, or intergovernmental building-code enforcement agreement.
State highway rights-of-way and qualifying road encroachments remain subject to the West Virginia Division of Highways.
PERMIT AND APPROVAL REQUIREMENTS
• County Fence Permit: Preston County does not publish a general fence permit or building-permit requirement for standard residential fences in the referenced published materials.
• Zoning Approval: Preston County states that it has no zoning. The county does not publish a zoning permit, zoning certificate, or zoning approval requirement for standard residential fences in unincorporated territory.
• State Building Code Context: The referenced published materials do not establish that Preston County has adopted and enforces the West Virginia State Building Code and do not publish a separate local building-permit requirement for standard residential fences. The incorporated 7-foot building-permit exemption is not presented as an operative Preston County permit rule.
• Floodplain Development Permit Context: The Preston County Floodplain Ordinance and Building Permit Application publish a permit process for development and construction in identified flood-hazard areas. The form requests scaled plans showing the proposed structure or improvement, fill, material storage, the nearest watercourse, construction cost, and flood-protection information. The approval form states that the permit is for flood-hazard permit purposes only. Neither source expressly states that every standard residential fence requires this permit.
• Road and Right-of-Way Work: A fence, gate, post, excavation, or other work proposed within a state highway right-of-way or affecting highway access, drainage, shoulders, ditches, or culverts may require separate approval from the West Virginia Division of Highways.
• Paid Installation: West Virginia contractor-licensing law applies to a person who, for compensation, undertakes covered residential work costing $5,000 or more. The statutory contractor definition excludes a person who personally performs construction work on real property the person owns or leases. Contractor licensing is separate from county permits, site restrictions, and other approvals.
FENCE PLACEMENT RULES
• Property Lines: The referenced published materials do not specify 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: Preston County does not publish countywide front-yard, side-yard, rear-yard, or corner-lot placement standards for standard residential fences in the referenced published materials.
• Flood-Prone Property: A fence project that also involves fill, grading, excavation, a stream alteration, material storage, or another regulated site change in an identified flood-hazard area may involve site-specific review through the Preston County Office of Emergency Management. The Floodplain Ordinance and application do not publish a fence-specific floodplain setback or state that every standard residential fence requires a floodplain permit.
• Roads and Rights-of-Way: Fence placement must not obstruct a public road, state highway, shoulder, ditch, culvert, drainage facility, or access area. An existing fence line or roadway edge is not proof of the legal property boundary or highway right-of-way.
• Utility Safety: West Virginia law requires notice through West Virginia 811 before excavation or demolition where the Underground Facilities Damage Prevention Act applies. For covered fence work involving digging, drilling, augering, boring, trenching, grading, or other excavation, notice must be given not less than 48 hours, excluding Saturdays, Sundays, and federal or state legal holidays, and not more than 10 workdays before work begins. A change in the proposed starting date or time requires at least 24 hours’ advance notice, excluding Saturdays, Sundays, and legal holidays. West Virginia 811 notice is separate from local fence permitting, zoning approval, building-code review, easement limits, right-of-way or WVDOH approval, floodplain review, stormwater review, drainage review, historic or design review, HOA restrictions, and other applicable requirements.
FENCE HEIGHT AND VISIBILITY RULES
• Maximum Height: Preston County does not publish a defined maximum height for standard residential fences in the referenced published materials.
• Yard-Based Height Limits: The referenced published materials do not specify separate front-yard, side-yard, rear-yard, or corner-lot height limits for standard residential fences.
• Visibility: The referenced published materials do not publish a numeric residential fence sight-triangle, clear-vision, driveway-visibility, alley-visibility, or intersection-visibility standard. State-highway right-of-way and access conditions remain separate where applicable.
• State Building Code Threshold: The incorporated 2018 residential and building codes include a building-permit exemption for fences not over 7 feet high where the West Virginia State Building Code has been locally adopted and enforced. Because local adoption and enforcement are not confirmed for Preston County, the 7-foot figure is not presented as a local permit exemption or a county maximum fence height.
MATERIAL AND CONSTRUCTION LIMITS
• Standard Residential Materials: Preston County does not publish defined permitted-material or prohibited-material standards for standard residential fences in the referenced published materials.
• Barbed Wire, Razor Wire, and Electric Fences: The referenced published materials do not publish a local residential barbed-wire, razor-wire, electric-fence, or high-tensile-fence rule for ordinary residential lots.
• Agricultural and Livestock Fences: West Virginia Code Article 19-17 establishes lawful-fence and partition-fence standards for specified agricultural, grazing, and livestock contexts. Those statewide standards are not ordinary county material, height, or placement rules for a standard residential yard.
• Finished Side, Opacity, and Orientation: The referenced published materials do not specify a finished-side requirement, opacity limit, orientation rule, chain-link restriction, or general gate-construction standard for standard residential fences.
PRIVATE RESTRICTIONS
Private restrictions operate independently from Preston County floodplain, road, right-of-way, utility, and statewide fence-law requirements.
HOA covenants, subdivision restrictions, deed restrictions, private easements, architectural-review covenants, agricultural agreements, private boundary agreements, acknowledged partition-fence agreements, conservation easements, and other private restrictions may be more restrictive. The referenced published materials do not state that Preston County enforces 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:
• County Scope: Whether the property is in the unincorporated portions of Preston County rather than within an incorporated municipality.
• Floodplain Conditions: Whether the project also involves development, construction, fill, grading, excavation, material storage, stream alteration, or another regulated activity in an identified flood-hazard area.
• State Highway Conditions: Whether the fence enters or affects a state highway right-of-way, roadside ditch, culvert, drainage area, access point, or another West Virginia Division of Highways review context.
• Boundary and Easement Conflicts: Whether fence placement extends beyond the owner’s property or enters a recorded easement or right-of-way.
• Utility Excavation: Whether post-hole digging or other covered excavation requires advance notice through West Virginia 811.
• Rural and Agricultural Conditions: Whether West Virginia lawful-fence, agricultural partition-fence, livestock, hedge-fence, stream-boundary, or cattle-guard provisions apply to the property use.
• Paid Installation: Whether compensated residential work costs $5,000 or more or involves another applicable contractor credential.
• Private Restrictions: Whether an HOA covenant, deed restriction, subdivision restriction, private easement, conservation easement, or private agreement affects the proposed fence.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within the unincorporated portions of Preston County, based on the referenced published materials as of July 2026.
In addition to local fence rules, certain West Virginia laws apply statewide. See Statewide Fence Laws in West Virginia.
It is not legal advice and does not replace official ordinances, permits, certificates, development approvals, applicable building-code requirements, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, county zoning coverage, site conditions, easements, rights-of-way, floodplain or floodway status, stream conditions, stormwater requirements, drainage conditions, road or highway conditions, WVDOH jurisdiction, historic district status, design-review status, rural or agricultural context, livestock, lawful-fence or agricultural partition-fence context, State Building Code adoption and enforcement status, contractor-licensing context, pool-barrier use, West Virginia 811 utility-safety requirements, and private restrictions such as HOA covenants, deed restrictions, private agreements, acknowledged partition-fence agreements, or conservation easements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with the Preston County Commission or the Preston County Office of Emergency Management, as applicable, and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Preston County Commission or Office of Emergency Management staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.