FENCE RULES – ACCOMACK (COUNTY), VIRGINIA

OVERVIEW

Residential fences are permitted on private property within Accomack County, subject to local regulations. This page applies to properties in the unincorporated areas of Accomack County; incorporated towns, cities, or other municipalities may regulate fences under their own ordinances.

Local fence-related rules are not collected in a single standalone fence ordinance. They appear across the Accomack County Code of Ordinances, including Chapter 10 Animals, Chapter 18 Buildings and Building Regulations, Chapter 38 Environment, Chapter 102 Waterways, and Chapter 106 Zoning, together with local building, floodplain, erosion and sediment control, Chesapeake/Atlantic Preservation Area, wetlands, and pool-barrier materials.

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 Accomack County Code of Ordinances, Chapter 10 Animals, Chapter 18 Buildings and Building Regulations, Chapter 38 Environment, Chapter 102 Waterways, Chapter 106 Zoning, Article VII Barrier Island District, Article XV Flood Hazard Overlay District, Article XVI Chesapeake/Atlantic Preservation Overlay District, Accomack County Exemptions, Erosion & Sediment Control, Swimming Pool & Fence Affidavit, Residential Site Plan Checklist, Building Permit Application, Accessory Structure located in a Floodplain District supplemental application, and Virginia statewide utility-notice baseline materials as of July 2026.

GOVERNANCE

Accomack County regulates residential fence issues through county zoning, local building-code administration, floodplain administration, erosion and sediment control, Chesapeake/Atlantic Preservation Area review, wetlands and shoreline regulation, animal-control provisions, and statewide utility-notice requirements.

Accomack County Building, Planning & Economic Development publishes local building and planning materials and identifies Building & Code Enforcement, Planning & Zoning, Geographic Information & Mapping, Floodplain Management, and Economic Development as related county functions. The zoning ordinance is administered through the zoning administrator, and floodplain matters are administered through the floodplain administrator.

The Department of Environmental Programs administers the county's erosion and sediment control process and directs applicants to the ACCESS Online Portal or the Erosion and Sediment Control Plan Review Application Form for land-disturbing permits when required.

Accomack County does not publish a consolidated residential fence code. Standard residential fence review is therefore structured through the building-permit exemption baseline, pool-barrier rules where applicable, floodplain and special-flood-hazard-area rules where applicable, Chesapeake/Atlantic Preservation Area and Resource Protection Area rules where applicable, wetlands and shoreline rules where applicable, Barrier Island district limits where applicable, animal-control enclosure rules where applicable, and private restrictions.

PERMIT AND APPROVAL REQUIREMENTS

• Building Permit: The Accomack County Exemptions page states that application for a permit and related inspections are not required for fences of any height, unless the fence is required for pedestrian safety under Section 3306 or is used as the barrier for a swimming pool. The same exemptions page states that the exemption does not remove other applicable code requirements, and that application for a permit may be required for exempted items located in a special flood hazard area.

• Pool Barrier: A fence used as the barrier for a swimming pool is not treated as an ordinary exempt yard fence. The Swimming Pool & Fence Affidavit requires a pool site to be protected by a fence approved by the department or requires the owner to ensure that the building permit for the pool fence enclosure is obtained. Pool use is prohibited until final approval has been issued by the Building Official or Code Enforcement Officer.

• General Zoning Permit Context: Chapter 106 publishes a general zoning-permit process for buildings or structures, but the referenced published materials do not explicitly state that standard residential fences require that zoning permit. Building permit requirements are separate from zoning, setback, subdivision, floodplain, historic, Chesapeake Bay Preservation Area, Resource Protection Area, wetland, shoreline, right-of-way, easement, drainage, and plat requirements.

• Zoning Compliance: Building permit requirements are separate from zoning, setback, subdivision, floodplain, historic, Chesapeake Bay Preservation Area, Resource Protection Area, wetland, shoreline, right-of-way, easement, drainage, and plat requirements. Confirm any applicable zoning conditions, setbacks, and plat requirements with Accomack County Building, Planning & Economic Development before construction.

• Floodplain Review: In a floodplain district, all uses, activities, and development must be undertaken only upon issuance of a zoning permit. The floodplain ordinance also states that no use, activity, or development may adversely affect the capacity of channels, floodways, watercourses, drainage ditches, or other drainage facilities or systems.

• Chesapeake/Atlantic Preservation Area And RPA Review: In the Chesapeake/Atlantic Preservation Overlay District, all development and redevelopment exceeding 2,500 square feet of land disturbance is subject to a plan-of-development process. The county's Erosion & Sediment Control page states that any project that encroaches into the Resource Protection Area (RPA) 100-foot waterfront buffer needs an Administrative Waiver and a Buffer Mitigation Plan.

• Erosion And Sediment Control: The Erosion & Sediment Control page states that a Land Disturbing Permit is required for land disturbance over 2,500 square feet for parcels draining to the Chesapeake Bay and over 10,000 square feet for parcels draining to the Atlantic Ocean. It lists installation of fence posts, sign posts, telephone poles, electric poles, and other posts or poles among the exemptions. Larger clearing, grading, excavation, fill, driveway, drainage, shoreline, or construction activity connected to a fence project may still fall within the county's land-disturbance, CAPA, wetlands, floodplain, or stormwater framework.

• Wetlands And Shoreline Review: Chapter 102 authorizes the construction and maintenance of noncommercial fences in wetlands if otherwise permitted by law and if the structures are constructed on pilings to permit the reasonably unobstructed flow of the tide and preserve the natural contour of the wetlands. Other use or development of wetlands outside the listed authorized activities requires a permit application to the Wetlands Board or the Virginia Marine Resources Commission.

• Barrier Island District: In the Barrier Island District, the code specifically forbids sand fences and other devices calculated to prevent or modify the rate of erosion. Barrier Island work may also involve Coastal Primary Dune Act review or a finding of no permit necessary from the Virginia Marine Resources Commission before a county building permit is issued for regulated work.

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.

• Rights-Of-Way And Easements: Fence placement must account for public and private rights-of-way, utility easements, drainage easements, access easements, recorded plats, and other property-specific limitations. County site-plan materials identify property lines, setbacks, road or street access, known easements, driveways, and easement locations as site-plan items for permit-related work.

• Floodplain And Drainage Areas: Fence-related work in a floodplain district must be treated as a floodplain-site condition when it involves a regulated use, activity, development, structure, wall, fill, excavation, grading, or other site work. The floodplain ordinance prohibits regulated activity that adversely affects channels, floodways, watercourses, drainage ditches, or other drainage facilities or systems.

• Chesapeake/Atlantic Preservation Area: CAPAs include Resource Protection Areas and Resource Management Areas. The RPA includes tidal wetlands, connected nontidal wetlands, tidal shores, and a 100-foot vegetated buffer area. The official zoning map shows the general location of CAPAs, and site-specific RPA boundaries are determined through the plan-of-development or water-quality-impact-assessment process where required.

• RPA Buffer And Vegetation: In the CAPA Overlay District, land disturbance must be limited to the area necessary for the proposed use or development, indigenous vegetation must be preserved to the maximum extent practicable, and the 100-foot RPA buffer area must be retained if present and established where it does not exist. Vegetation removal in the buffer is subject to approval by the administrator for the limited purposes stated in the code.

• Wetlands Placement: A noncommercial fence in wetlands must be constructed on pilings so that the structure permits the reasonably unobstructed flow of the tide and preserves the natural contour of the wetlands.

• Barrier Island Dunes: In the Barrier Island District, development that involves significant removal or relocation of primary dune sand or vegetation is not permitted, and sand fences are specifically forbidden as erosion-modifying devices.

• Driveways, Alleys, And Gate Swing: The code does not specify a separate driveway, alley, gate-swing, or corner-lot fence placement standard for standard residential fences in the referenced published materials.

• Utility Safety: Virginia law requires notice to the notification center / Virginia 811 before excavation or demolition where the Underground Utility Damage Prevention Act applies. For fence projects that involve excavation, including digging, drilling, augering, or other movement of earth, the excavator must submit a locate request and must review the positive-response information before work begins unless an exemption applies. A Virginia locate request is generally valid for 15 working days, and re-marking may be required before that period ends or when markings become illegible. Virginia law includes an important exemption for hand digging performed by an owner or occupant of a property. This statewide utility-notice framework is separate from local fence permitting, zoning, development approval, easement limits, right-of-way approvals, floodplain review, Chesapeake Bay Preservation Area review, Resource Protection Area review, stormwater review, wetland or shoreline approvals, HOA restrictions, and other applicable requirements.

FENCE HEIGHT AND VISIBILITY RULES

• Maximum Height: The code does not specify a maximum height for standard residential fences.

• Building-Permit Exemption Is Not A Height Limit: The Accomack County Exemptions page uses the Virginia building-code language for fences of any height as a building-permit application exemption. That language is not a local zoning maximum height, floodplain approval, CAPA approval, RPA approval, wetlands approval, shoreline approval, right-of-way permission, pool-barrier approval, or permission to build in an easement or right-of-way.

• Pool-Barrier Height: For outdoor swimming pools, including in-ground, above-ground, and on-ground pools, hot tubs, and spas, the Swimming Pool & Fence Affidavit states that the top of the barrier must be at least 48 inches above grade measured on the side facing away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier is 2 inches, or 4 inches between the top of an above-ground pool structure and the bottom of a barrier mounted on the pool structure.

• Pool-Barrier Openings: Openings in a pool barrier must not allow passage of a 4-inch diameter sphere. The affidavit also sets specific limits for horizontal and vertical members, decorative cutouts, chain-link mesh, diagonal members, access gates, latch-release locations, dwelling-wall barriers, and above-ground-pool ladder or step access.

• Visibility Standards: The code does not specify a clear-vision triangle, sight-triangle, driveway-visibility, alley-visibility, or intersection-visibility standard specifically for standard residential fences in the referenced published materials.

MATERIAL AND CONSTRUCTION LIMITS

• Standard Residential Materials: The code does not specify permitted or prohibited materials for standard residential fences.

• Finished Side / Orientation: The code does not specify a finished-side, opacity, or orientation requirement for standard residential fences.

• Pool-Barrier Construction: Pool barriers must meet the construction details stated in the Swimming Pool & Fence Affidavit. Those include limits on openings, horizontal-member placement, vertical-member spacing, decorative cutouts, chain-link mesh, diagonal-member openings, and access-gate hardware. Pedestrian gates must open outward away from the pool and must be self-closing and self-latching.

• Wetlands Construction: Noncommercial fences in wetlands are authorized only if otherwise permitted by law and constructed on pilings to allow the reasonably unobstructed flow of the tide and preserve the natural contour of the wetlands.

• Barrier Island Sand Fences: In the Barrier Island District, sand fences and other devices calculated to prevent or modify the rate of erosion are specifically forbidden.

• Dangerous-Dog Enclosures: Chapter 10 requires a dangerous dog kept on the owner's property to be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent escape, direct contact with, or entry by minors, adults, or other animals, and the structure must provide shelter from the elements. This is an animal-control enclosure rule, not an ordinary residential fence-height rule.

• Barbed Wire / Razor Wire / Electric Fencing: The code does not specify a separate barbed-wire, razor-wire, electric-fence, or security-fence rule for standard residential fences in the referenced published materials.

PRIVATE RESTRICTIONS

HOA covenants, subdivision restrictions, deed restrictions, private easements, architectural-review covenants, agricultural agreements, private boundary agreements, conservation easements, and other private restrictions operate independently and may be more restrictive than county requirements.

The county code and permit materials do not state that Accomack County enforces private fence covenants as ordinary county fence rules.

REVIEW AND ENFORCEMENT CONTEXT

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

• Building-Permit Baseline: Ordinary standard residential fences are addressed through the building-code exemption for fences of any height, unless pedestrian-safety use, swimming-pool-barrier use, or special-flood-hazard-area review removes the work from that ordinary exemption.

• Zoning Context: Review may involve the zoning map, underlying zoning district, recorded plats, and the general zoning-permit process for buildings or structures. The referenced published materials do not explicitly state that all standard residential fences require a zoning permit.

• Floodplain Context: Review may involve the floodplain administrator and a zoning permit for uses, activities, or development in a floodplain district, including work that could affect channels, floodways, watercourses, drainage ditches, or drainage systems.

• CAPA / RPA Context: Review may involve the CAPA Overlay District, RPA boundary delineation, the 100-foot RPA buffer, plan-of-development review, water-quality-impact assessment, administrative waiver, and buffer mitigation where the fence-related work involves regulated land disturbance, development, or RPA encroachment.

• Erosion And Sediment Control Context: Review may involve the Department of Environmental Programs when fence-related work exceeds the local land-disturbance thresholds, is part of a larger project, or is connected to clearing, grading, excavation, fill, drainage, shoreline work, or RPA disturbance. Installation of fence posts is listed as an exemption from the land-disturbing permit requirement.

• Wetlands / Shoreline Context: Review may involve Chapter 102, the Wetlands Board, the Virginia Marine Resources Commission, or federal/state permitting where work is in wetlands, tidal areas, shoreline areas, or subaqueous lands. Noncommercial fences in wetlands must preserve tidal flow and wetland contour through the piling-based construction standard.

• Barrier Island Context: Review may involve the Barrier Island District, Coastal Primary Dune Act permitting or a finding of no permit necessary, and the code's prohibition on sand fences and other erosion-modifying devices.

• Pool-Barrier Context: Review may involve the Swimming Pool & Fence Affidavit, pool-barrier construction standards, the building permit for the pool fence enclosure, and final approval by the Building Official or Code Enforcement Officer.

• Animal-Control Context: Review may involve Chapter 10 when a fence or enclosure is used to confine animals, including the separate dangerous-dog enclosure standard for a securely enclosed and locked structure.

• Utility Safety: Review may involve Virginia 811 notice, positive-response information, active locate markings, and the separate statewide utility-safety framework when fence work involves excavation.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within Accomack County, based on the referenced published materials as of July 2026.

In addition to local fence rules, certain Virginia laws apply statewide. See Statewide fence laws in Virginia.

It is not legal advice and does not replace official ordinances, permits, zoning approvals, zoning certifications, development approvals, 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, stormwater requirements, Chesapeake Bay Preservation Area status, Resource Protection Area status, wetland or shoreline status, historic district status, design-review status, rural or agricultural context, livestock or division-fence context, pool-barrier use, utility safety requirements, and private restrictions such as HOA covenants, deed restrictions, private agreements, or conservation easements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with Accomack County Building, Planning & Economic Development and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from Accomack County staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.