FENCE RULES – SALEM (CITY), VIRGINIA

OVERVIEW

Residential fences are permitted on private property within City of Salem, subject to local regulations.

For properties located outside Salem city limits, fence rules depend on the applicable county, town, city, or governing authority for the property location.

Local fence rules appear primarily in the City of Salem Code, including Chapter 106, Zoning, Sec. 106-406.19, Location and design of fences, and Sec. 106-406.17, Establishment of sight triangles. Related residential fence review layers appear in the City permit materials, Building Inspections materials, Pool Requirements, Flood Zones, Engineering Applications / Permits, Chapter 74 streets and sidewalks provisions, Chapter 78 subdivision and plat provisions, and animal-control or animal-enclosure provisions where applicable.

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 City of Salem Code, Chapter 106 Zoning, Sec. 106-406.19 Location and design of fences, Sec. 106-406.17 Establishment of sight triangles, Sec. 106-504 Zoning permits, Sec. 106-402 Buffer yards, screening and landscaping, Sec. 106-226 Floodplain Overlay District, Chapter 74 Streets, Sidewalks and Other Public Places, Chapter 78 Subdivisions, City of Salem Fence Height Limits, Building Inspections, Permits, Pool Requirements, Flood Zones, Engineering, Applications / Permits, Stormwater Information, Construction, Code Enforcement, GIS, Subdivisions, subdivision checklist materials, and Virginia statewide utility-notice baseline materials as of July 2026.

GOVERNANCE

City of Salem regulates residential fence issues through its City Code, zoning ordinance, building-code administration, floodplain overlay provisions, engineering and right-of-way materials, stormwater and land-disturbance materials, subdivision and plat materials, pool-barrier requirements, and animal-control or animal-enclosure provisions where applicable.

The City of Salem Community Development Department is the principal local office for Planning & Zoning, Building Inspections, Engineering, GIS, and related development-review functions. The zoning administrator administers and enforces the zoning ordinance, issues or denies zoning permits and certificates of zoning compliance where required, inspects buildings or land for zoning violations, and interprets zoning provisions.

Building Inspections administers building-code matters under the Virginia Uniform Statewide Building Code framework. Engineering administers right-of-way permits, erosion and sediment control, land-disturbing permits, construction inspection, site-plan review, surveying, water and sewer line location, and the City stormwater / MS4 program.

City of Salem does not publish a single consolidated residential fence code. The main local fence rules are the fence location-and-design rule, the zoning-permit exception for fences, the no-permit statement in the City fence and permit materials, sight-triangle limits, residence-district height limits, pool-barrier rules where a fence is used as a pool barrier, floodplain and right-of-way rules where those site conditions apply, and private restrictions.

The zoning ordinance defines structures broadly, but it also states that walls and fences are not deemed structures except as otherwise specifically provided in the chapter. That fence-specific language, together with the express zoning-permit exception for fences, controls this page’s treatment of ordinary fence permits and zoning permits.

PERMIT AND APPROVAL REQUIREMENTS

• Building Permit / Fence Permit: City of Salem publishes that fences do not require a permit, except fences used as a barrier around a swimming pool or required for pedestrian safety. Under the Virginia Uniform Statewide Building Code baseline, application for a building permit and related inspections are not required for fences of any height unless the fence is required for pedestrian safety during construction or is used as the barrier for a swimming pool. City of Salem does not publish a stricter local residential fence building-permit threshold for standard yard fences in the referenced published materials.

• Zoning Permit: Sec. 106-504 requires zoning permits for structures and land uses, but it expressly lists fences as an exception. The City’s dedicated fence materials also state that fences do not require a permit. A standard residential fence is therefore not published as requiring a zoning permit when it is treated as an ordinary fence rather than a pool barrier, floodplain development, right-of-way work, land-disturbing work, required screening, or another separately regulated site condition.

• Pool, Spa, And Hot-Tub Barriers: A fence used as the required barrier for a regulated residential pool, spa, or hot tub is reviewed separately from an ordinary yard fence. The Pool Requirements state that pools, spas, and hot tubs must be provided with a code-compliant barrier, and the pool or spa work requires the applicable building, electrical, mechanical, gas, or plumbing permits where those systems are involved.

• Floodplain Zoning Permit: City of Salem publishes that the Department of Community Development determines whether a property lies within the Floodplain Overlay District and that a zoning permit is required for listed development in the floodplain, including excavation, filling, paving, drilling, driving of piles, mining, dredging, land clearing, grading, and permanent storage of materials or equipment. Fence-related work in the floodplain must be evaluated under that floodplain-development framework when it involves a listed activity.

• Right-Of-Way Permit: A Right-Of-Way Permit is required for any work done within the City of Salem public right-of-way, including work that does not involve excavation and the temporary placement of a non-vehicular object in a city street parking area. Fence work within the public right-of-way is therefore not treated as ordinary private-lot fence placement.

• Land Disturbance / Stormwater: City of Salem requires a land-disturbing permit for land-disturbing activity equal to or greater than 5,000 square feet. Residential single-family construction activity from 5,000 square feet to less than 10,000 square feet requires an agreement in lieu of plan; land disturbance of 10,000 square feet or more requires an erosion and sediment control plan; and disturbance of 1 acre or more requires a Construction General Permit from DEQ along with the City land-disturbing permit. These thresholds apply to broader land-disturbing activity and do not create an ordinary fence permit for a standard yard fence.

• Subdivision / Plat Context: Subdivision review applies when a property owner divides land, moves a property line, combines lots, creates a public right-of-way, or submits a subdivision plat. The subdivision materials require plats to show zoning district, rights-of-way, easements, flood-zone information, floodway and floodplain boundaries, conditional zoning proffers, special-exception conditions, and Board of Zoning Appeals actions where applicable. That plat framework is separate from an ordinary fence permit but may matter for property-line, easement, right-of-way, or recorded-plat conditions.

• Chicken Enclosure Permit: Sec. 106-318.1 requires a Community Development application, sketch, inspection, and permit for keeping chickens as an accessory use to a single-family dwelling. That animal-enclosure permit is separate from the City’s ordinary no-permit statement for standard residential fences.

FENCE PLACEMENT RULES

• General Fence Location: Sec. 106-406.19 states that, except as provided for in Sec. 106-402 and Sec. 106-406.17, fences may be constructed in any location, on any lot.

• Required Yards: Sec. 106-406.5 allows fences, walls, and landscaping in required yards, provided that sight triangles are maintained under Sec. 106-406.17.

• 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.

• Front Street Area: In any residence district, no fence or wall more than 3.5 feet high may be erected between the building setback line and the street on which the lot faces.

• Corner And Double-Frontage Lots: On corner and double-frontage lots, the front is determined by the zoning administrator, and a rear yard is always opposite a front yard. This matters because the front street area is subject to the 3.5-foot height limit and corner lots may also be affected by the sight-triangle rule.

• Sight Triangles: At the intersecting rights-of-way of any two public streets, the code establishes a clear sight triangle with 25-foot legs measured along each right-of-way line from the intersection point. Within that triangle, nothing more than 3 feet high may be constructed, placed, permanently parked, or allowed to grow as vegetation.

• Required Screening / Buffer Yards: Sec. 106-406.19 is expressly subject to the buffer-yard, screening, and landscaping provisions of Sec. 106-402. Where those provisions apply to a development or required site plan, required buffer yards must not be located on an existing or dedicated public or private street or right-of-way, must not obstruct traffic visibility, and must not interfere with adjoining property use.

• Floodplain And Drainage Areas: In the Floodplain Overlay District, land may not be developed and a development or structure may not be located, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the floodplain district and other applicable regulations. In floodways, encroachments, fill, new construction, substantial improvements, and other development are restricted where they would increase flood levels during the 100-year flood.

• Right-Of-Way And Public Easements: Fence work within the City of Salem public right-of-way requires right-of-way permit review. City utility-marking materials also distinguish public rights-of-way and public easements from private-property utility lines.

• Subdivision Plats, Easements, And Recorded Conditions: Subdivision materials require final plats to show proposed and existing rights-of-way, easements, flood-zone information, floodway and floodplain boundaries, conditional zoning proffers, special-exception conditions, and Board of Zoning Appeals actions where applicable. Those recorded or site-specific conditions may affect where a fence can be placed.

• 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

• Residence District Front Street Area: In any residence district, a fence or wall between the building setback line and the street on which the lot faces must not exceed 3.5 feet in height.

• Residence District Maximum Height: In any residence district, no fence or wall more than 8 feet high may be erected.

• Sight Triangles: At the intersecting rights-of-way of any two public streets, the required sight triangle has 25-foot legs. Within that triangle, nothing more than 3 feet high may be constructed, placed, permanently parked, or allowed to grow as vegetation.

• Pool, Spa, And Hot-Tub Barriers: Required residential pool, spa, and hot-tub barriers must be at least 48 inches above grade, measured on the side facing away from the swimming pool. Openings may not allow passage of a 4-inch diameter sphere. The maximum vertical clearance below the barrier is 2 inches over grass, mulch, or gravel and 4 inches over solid surfaces such as concrete.

• Pool-Barrier Clearances: Pool-barrier materials also require a 36-inch exterior clear zone around the barrier and around climbable equipment, placement at least 36 inches from the property line unless a legal recorded easement is provided, and a poolside setback of at least 20 inches from the water’s edge.

• Required Screening: Where the buffer-yard table requires Type A protection, the listed screening option is six-foot screening. This required-screening standard is part of the development / buffer-yard framework and is not published as an ordinary maximum height for standard residential yard fences.

• Chicken Pens: Sec. 106-318.1 limits chicken pens to an enclosed secure area not exceeding 128 square feet. The code regulates chicken pens as accessory animal enclosures, not as ordinary residential yard fences.

MATERIAL AND CONSTRUCTION LIMITS

• Standard Residential Materials: City of Salem publishes that there are no regulations regarding materials for ordinary fences. The code does not specify a list of permitted or prohibited materials for standard residential fences in the referenced published materials.

• Finished Side / Orientation: City of Salem publishes that there are no regulations regarding which side of the fence must face outward.

• Barbed Wire Near Public Lines: Chapter 74 states that no person may construct or maintain a barbed-wire fence upon any public street or sidewalk line within the City.

• Required Screening Materials: Where Sec. 106-402 required screening applies, screening must be visually opaque, constructed of durable material, installed within the required buffer yard, and continuously maintained. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, and earth berms; alternate materials may be approved by the zoning administrator if their characteristics and design meet the intent and standards of that section.

• Pool-Barrier Construction: Pool, spa, and hot-tub barriers have separate construction standards. Chain-link mesh is limited to 1.75 inches measured along the horizontal axis; lattice openings may not exceed 1.75 inches; access gates must comply with barrier requirements, accommodate a locking device, open outward away from the pool, and be self-closing and self-latching; and gates or barriers near latch-release mechanisms have additional opening limits.

• Chicken Pens And Animal Enclosures: Chicken pens must include a coop and an open run area, use uniform materials kept in good condition, be located in the rear yard only, stay out of drainage areas that could allow fecal matter to enter a storm drainage system or stream, and be constructed and maintained to resist rodents, wild birds, and predators. Companion-animal tethering rules also prohibit tethering in a manner that causes injury, strangulation, or entanglement with fences, trees, or other obstacles.

• Electric Fences And Razor Wire: The code does not specify a separate standard residential rule for electric fences or razor wire in the referenced published materials.

PRIVATE RESTRICTIONS

HOA covenants, subdivision restrictions, deed restrictions, private easements, architectural-review covenants, agricultural agreements, private boundary agreements, recorded drainage or access agreements, conservation easements, and other private restrictions operate independently of City of Salem zoning and permit review and may be more restrictive than city rules.

City of Salem subdivision and plat materials recognize that recorded plats may show easements, rights-of-way, flood-zone boundaries, proffers, special-exception conditions, and Board of Zoning Appeals actions. The code does not publish a general rule that private HOA or architectural covenants are enforced as City fence approvals for standard residential fences.

REVIEW AND ENFORCEMENT CONTEXT

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

• No-Permit Fence Context: Standard fences are listed as not requiring a permit, and Sec. 106-504 expressly excepts fences from the zoning-permit requirement for structures and land uses.

• Residential Height Review: Review may involve the 3.5-foot height limit between the building setback line and the street on which the lot faces, and the 8-foot maximum fence or wall height in any residence district.

• Sight-Triangle Review: Review may involve the 25-foot public-street sight triangle and the 3-foot obstruction and vegetation limit within that triangle.

• Pool-Barrier Review: Review applies when a fence serves as a residential pool, spa, or hot-tub barrier, including permit, barrier-height, opening, clearance, gate, latch, clear-zone, property-line, and poolside-setback requirements.

• Required Screening / Buffer-Yard Review: Review may involve Sec. 106-402 when a fence or wall is used as required screening, when a development requires a site plan, or when required buffer-yard, screening, landscaping, traffic-visibility, easement, or site-improvement conditions apply.

• Floodplain Review: Review may involve the Floodplain Overlay District when fence-related work includes excavation, filling, drilling, grading, land clearing, permanent material storage, floodway encroachment, or other regulated floodplain development.

• Right-Of-Way, Easement, And Plat Review: Review may involve right-of-way permits, public easements, recorded subdivision plats, property-line movement, lot combinations, rights-of-way, easements, flood-zone boundaries, proffers, special-exception conditions, or Board of Zoning Appeals actions where those conditions affect the site.

• Land-Disturbance And Stormwater Review: Review may involve the City land-disturbing permit threshold at 5,000 square feet, the 10,000-square-foot erosion and sediment control plan threshold, the 1-acre Construction General Permit threshold, or stormwater and drainage issues connected to broader site work.

• Animal-Enclosure Review: Review may involve chicken-keeping permits, chicken pens, companion-animal tethering, dog or fowl confinement rules, or livestock boundary-line provisions where those separate animal-control or animal-enclosure standards apply.

• Utility Safety Review: Review may involve Virginia 811 utility-notice requirements, City utility-location practices in public rights-of-way or public easements, and conflicts with public or private utility lines.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within City of Salem, 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 City of Salem Community Development Department and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Salem staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.