What happens if you skip the permit (and you needed one)
- Stop-work orders and fines: Conway Building Department will issue a verbal warning on first contact, then a formal cease-and-desist notice; if you continue, fines run $100–$500 per day of non-compliance.
- Forced removal and double permit costs: If a neighbor or the city finds an unpermitted fence that violates setbacks or height, you may be ordered to remove it and will owe the original permit fee (typically $75–$150) plus a re-pull fee when you do it properly.
- Mortgage/refinance block: Lenders and title companies flag unpermitted structures during appraisal or closing; this can kill a refinance or sale unless the fence is retroactively permitted (costly and time-consuming).
- Insurance claim denial: Homeowner's insurance may exclude damage or liability on unpermitted structures; pool barrier violations create additional liability exposure on injury claims.
Conway fence permits — the key details
Conway's fence code hinges on height and placement. Fences under 6 feet in rear and side yards do not require a permit under the city's zoning ordinance—this applies to wood privacy fences, vinyl, and standard chain-link. The 6-foot threshold is measured from finished grade at the base of the fence. Any fence 6 feet or taller requires a permit, as does any fence in a front yard, regardless of height. This front-yard rule exists to preserve sight triangles on corner lots and to maintain neighborhood character; it is enforced consistently and is one of Conway's most common rejection points. Masonry fences (brick, stone, cinder block) are treated as a separate category: anything over 4 feet tall requires a permit and engineering documentation of footing depth, rebar placement, and drainage. Pool-barrier fences—which include any fence that encloses a pool or hot tub—must meet American Society for Testing and Materials (ASTM) F1908 standards for self-closing, self-latching gates and must be 4 feet tall minimum with no horizontal handholds that a child could use to climb. These rules come from South Carolina's swimming-pool safety statutes and are non-negotiable; pool fences are inspected by the building department, not the fire marshal.
Conway's coastal location (Horry County, near the Atlantic) introduces soil and water considerations. The sandy, sometimes waterlogged soils mean that fence posts—especially metal or untreated wood—must be set below the 12-inch frost line and often deeper in areas prone to pluff mud or standing water. The city's building officials often request footing details for any fence near documented wetlands, drainage easements, or subdivisions with high water tables. If your property is in a flood zone (FEMA Zone AE or VE, common in Conway near the Waccamaw River or lower neighborhoods), expect the permit review to include a floodplain administrator sign-off; this adds 1–2 weeks to the timeline. Corner lots and lots with utility easements (gas, electric, storm drain) require a recorded property survey showing the exact fence location relative to the easement centerline; utility companies in Horry County (SCEG, Comporium) must sign off before the city issues final approval. This is one of the biggest delays—utility sign-offs can take 2–4 weeks.
Permit fees in Conway are typically flat-rate or per-linear-foot. A standard rear-yard fence permit runs $75–$150; masonry or pool barriers are $150–$250. The fee is due at submission and is non-refundable if you decide not to build. The city's online portal (accessed via the Conway city website) allows you to upload a site plan, property survey, and fence specs; most homeowners can complete the application in 30 minutes. Over-the-counter approvals for simple rear-yard wood fences under 6 feet are common—you walk in with your application, the counter staff does a quick zoning check, and you leave with an approval the same day. Full review (front-yard fences, masonry, pool barriers, corner lots) takes 1–3 weeks because it includes plat review by the planning department to confirm setbacks. You must also verify HOA restrictions BEFORE filing. Many Conway neighborhoods (especially those near Barefoot Landing or the Intracoastal Waterway) have deed restrictions that limit fence height to 4 feet in front yards or prohibit vinyl in certain colors. The city will note HOA restrictions on your permit but will not enforce them; that is the HOA's job. If your fence violates HOA rules, the HOA can force removal even if the city permits it.
South Carolina state law (SC Code § 40-11-360) allows property owners to pull permits for their own fences—you do not need a licensed contractor. However, the contractor (if you hire one) must provide a homeowner-affidavit statement if they are not licensed; this is a simple form. If you hire a licensed contractor (tile, masonry, general contractor), they should have their own insurance and license number; confirm this matches the city's records before signing a contract. The city does not require a contractor's license for standard wood or vinyl fencing, but masonry fences often involve footing work that triggers structural engineering requirements—if your fence is over 4 feet, expect the engineer's seal on the drawing. This costs $200–$400 but is non-negotiable for masonry.
Final inspection happens after the fence is built. The inspector walks the property, checks that the fence matches the approved plans (height, location, setbacks), confirms the gate operates if it is a pool barrier, and verifies that the footing (on masonry) is below frost line. For pool barriers, the inspector specifically confirms self-closing and self-latching hardware and verifies the 4-foot minimum height with no gaps exceeding 4 inches or 6 inches if vertical gaps are less than 1.75 inches wide (ASTM F1908 language). The inspection typically takes 1–2 business days to schedule and 30 minutes on-site. If the fence fails (e.g., setback violation, wrong height), you receive a corrective-action notice with a deadline—usually 30 days—to fix it and request a re-inspection. Re-inspections are free. If you do not correct within the deadline, the city will issue a violation notice, and the fence can be ordered removed by code enforcement.
Three Conway fence (wood/vinyl/metal/chain-link) scenarios
Conway's coastal hydrology and fence footings: why sandy soil and pluff mud matter
Conway's location in the Atlantic Coastal Plain creates unique soil conditions that directly affect fence posts. The primary soils are coastal sand (in higher areas) and pluff mud (clay-silt mix in lower, wetter areas near rivers and marshes). Unlike northern climates where frost heave is the dominant concern, Conway's main risk is saturation, subsidence, and post rot. The 12-inch frost depth is genuine—the ground does freeze briefly in winter—but water movement is the real challenge. If your property drains poorly (standing water 2–3 weeks after rain), your footing must account for expansion and contraction of moist soil.
The city's building officials do not explicitly mandate footing depth by location, but they strongly prefer 18–24 inches in any area with a history of drainage issues or near rivers. Posts set 12 inches deep (the minimum frost line) in poor-draining soil may shift vertically as water table fluctuates seasonally. Pressure-treated wood (UC4B rating) resists rot for 30–40 years, but in perpetually damp soil, vinyl or composite posts are better long-term choices. Concrete footings should use 4000-PSI concrete mixed with a water reducer to resist capillary wicking. Many contractors in Conway use 2-foot-deep footings as standard practice; the building inspector will not cite you for going deeper than required.
If your property is in a FEMA floodplain (common near the Waccamaw River or in lower neighborhoods like Barefoot Landing), the city's floodplain administrator must review the fence application. Fences in AE or VE zones must not obstruct floodwater flow; this typically means the fence must have openings or be designed to fail gracefully under water pressure. A solid 6-foot wood fence in a floodplain will be rejected unless it can resist 4 feet of water depth without collapsing—engineering is required and costs $400–$800. Most homeowners in flood zones choose open-slat fencing (every other board missing) or chain-link instead of solid privacy fence.
HOA and easement sign-offs: why they delay Conway fence permits and how to navigate them
Conway's most common permit-process delay is not the city—it is HOA restrictions and utility easement sign-offs. Many neighborhoods (River Oaks, Barefoot Landing, Kings Grant, Barefoot Resort areas) have strict deed restrictions on fence materials, colors, and placement. The HOA restrictions are separate from city code; the city will permit a vinyl fence in a given location, but the HOA may prohibit vinyl or require it to be white or tan only. If you build against HOA restrictions, the HOA can force removal even if the city issued the permit. The city's application form now includes a checkbox asking 'Has HOA approval been obtained?' and the city will not issue final approval until the checkbox is marked. Get your HOA architectural-review letter BEFORE filing with the city; this typically takes 1–3 weeks.
Utility easements are another mandatory stop. If your property is crossed by a gas line (SCEG), electric line (Comporium), water or sewer line (City of Conway utilities), or drainage easement (Horry County stormwater), you cannot build a fence over the easement centerline without the utility company's written sign-off. SCEG in particular is slow—they require a locate request (call 811 at least 48 hours before digging) and then a post-location email approving the fence route. Do not assume your property has no easements; request a title search or plat report from the county recorder's office ($100–$200) to identify all easements. Once identified, contact the utility company by phone and email, provide a site plan with the fence location, and wait for written approval. This step is not optional and is often the longest part of the permitting process—budget 2–4 weeks.
If you skip these checks and build a fence over an undisclosed easement, the utility company can force removal at your cost (often $5,000–$15,000 if the fence must be demolished). The city will also issue a violation and require removal. Many contractors are aware of this risk and will insist on a survey and easement verification before starting work; if your contractor says 'we do not need a survey,' that is a red flag. Use a licensed surveyor (search 'licensed surveyor Horry County SC') to prepare a site plan; cost is typically $400–$800 but is insurance against a costly mistake.
Conway City Hall, Conway, SC (exact address: check Conway city website for current building department location and hours)
Phone: Contact Conway City Hall main line and request Building Department; or search 'Conway SC building permit phone' for direct number | Conway permit portal available via City of Conway official website (www.conwaysc.org or equivalent; search 'online permit portal')
Monday–Friday, 8:00 AM–5:00 PM (typical; verify on city website, holiday closures apply)
Common questions
Do I need a permit for a replacement fence if I am using the same material and height?
If you are replacing an existing fence with identical material and height in the same location, many jurisdictions treat this as maintenance and exempt it from permit. However, Conway's building department requires verification that the original fence was legally permitted or grandfathered; if you cannot prove the original was legal (e.g., it was installed without a permit in a front yard), the replacement must be permitted. Call the city and ask for a history search on your property; the cost is typically $25–$50. When in doubt, pull a permit; it is faster and cheaper than risking a violation.
Can I build a fence without a surveyor in Conway if I think I know where my property line is?
Not recommended, especially on corner lots or properties with recorded easements. Property-line disputes are common, and if your fence ends up 6 inches over the line, your neighbor can demand removal. A recorded survey costs $300–$600 but is worth it for peace of mind and required by the city for front-yard or corner-lot fences. If you are certain there are no easements and the fence is rear-yard only, you can skip the survey for a basic exemption application, but a survey is still smart protection.
What is the actual fine if I build a fence without a permit in Conway?
Conway Code Enforcement issues a verbal warning on first contact, followed by a formal cease-and-desist notice if you do not stop. Continuing after notice results in civil fines of $100–$500 per day of non-compliance, which can accumulate quickly. You will also be ordered to remove the fence at your cost (often $2,000–$5,000) and will owe the original permit fee when you resubmit. Total exposure: removal cost + back permit fee + daily fines. The city takes this seriously, especially if a neighbor complains.
Do I need to pull a permit for a temporary fence (like for construction or holiday decoration)?
Temporary fencing for construction is often exempt if it is less than 6 feet and is removed within 90 days; however, if it blocks a sight triangle on a corner lot or obstructs utilities, the city may require notification. Decorative temporary fencing (for holiday displays) is treated similarly. Call the city and give them the dates and scope; they may issue a temporary-use permit (free or nominal fee) or just note your intent. Do not assume temporary means exempt—get confirmation in writing.
Pool fences: what exactly does 'self-closing, self-latching gate' mean, and will the inspector really check it?
Self-closing means the gate closes on its own due to a spring hinge; self-latching means it locks automatically when shut. The ASTM F1908 standard specifies that the gate must close from any position and latch without manual pressure. Yes, the inspector will test it—they will open the gate and confirm it closes and latches. Common rejections: gates that close but do not latch, gates that require a hard push to latch, or latches mounted so high that a young child cannot reach them (latch must be between 33 and 54 inches). Hardware cost is $100–$200 for quality self-closing hinges and a heavy-duty latch.
If my HOA says no fence is allowed, can the city override the HOA and permit my fence?
No. The city enforces city code; the HOA enforces deed restrictions. If the city code allows a fence and your HOA does not, the HOA restriction is the controlling law for your property. The city will not issue final approval without HOA sign-off, or if they do, the HOA can still force removal. Always get written HOA approval first. If you dispute the HOA restriction, that is a separate legal matter between you and the HOA; the city stays out of it.
How much does a fence permit cost in Conway, and is the fee refundable?
Standard rear-yard fences under 6 feet: $75–$125. Masonry, pool barriers, or full-review projects: $150–$250. Fees are non-refundable and due at application. If you decide not to build after submitting, the fee is forfeited. Some municipalities offer a credit if you reapply within a certain period, but Conway's policy varies—ask at the time of application.
What if the city's online portal is down or I cannot upload my site plan?
Call the building department and ask if you can submit by email or in person. Most cities accept email backup; just confirm the email address and get a reference number. In-person submission is also available during business hours. Do not wait for the portal to come back up if you are on a deadline; contact the city by phone and clarify the submission method.
Can I build a fence that is taller than 6 feet if it is in my backyard and setback from the property line?
Not without a permit. Conway code caps rear-yard fences at 6 feet unless you obtain a variance from the city's Zoning Board of Adjustment (ZBA). A variance requires a public hearing and a demonstration of hardship (e.g., privacy need due to topography, neighbor's property condition). Variance cost is $300–$500, and approval is not guaranteed. Most homeowners accept the 6-foot limit rather than pursue a variance, which takes 3–4 months.
If I hire a contractor to build the fence, do they need a license in Conway?
South Carolina does not require a general fence-contractor license at the state level, but Conway may require the contractor to hold a city business license ($50–$150 annually). The contractor must provide proof of liability insurance (at least $300,000 general liability) and a signed contract. If the contractor is not licensed, they should sign a homeowner-affidavit form confirming the work is being done by the property owner (you). Always verify the contractor has a clean record with the Better Business Bureau and ask for references from recent Conway projects.
More permit guides
National guides for the most-asked homeowner permit projects. Each goes deep on code thresholds, common rejections, fees, and timeline.
Roof Replacement
Layer count, deck inspection, ice dam protection, hurricane straps.
Deck
Attached vs freestanding, footings, frost depth, ledger, height/area thresholds.
Kitchen Remodel
Plumbing, electrical, gas line, ventilation, structural changes.
Solar Panels
Structural review, electrical interconnection, fire setbacks, AHJ approval.
Fence
Height/material limits, sight triangles, pool barriers, setbacks.
HVAC
Equipment changeouts, ductwork, combustion air, ventilation, IMC sections.
Bathroom Remodel
Plumbing rough-in, ventilation, electrical (GFCI/AFCI), waterproofing.
Electrical Work
Subpermits, NEC sections, panel upgrades, GFCI/AFCI, who can pull.
Basement Finishing
Egress, ceiling height, electrical, moisture barriers, occupancy rules.
Room Addition
Foundation, footings, framing, electrical/plumbing extensions, structural.
Accessory Dwelling Units (ADU)
When permits are required, code thresholds, JADU vs ADU, electrical/plumbing/parking rules.
New Windows
Egress, header sizing, structural cuts, fire-rating, energy code.
Heat Pump
Electrical capacity, refrigerant handling, condensate, IECC compliance.
Hurricane Retrofit
Roof straps, garage door bracing, opening protection, FL OIR product approval.
Pool
Barriers, alarms, electrical bonding, plumbing, separation distances.
Fireplace & Wood Stove
Hearth, clearances, chimney, gas line work, NFPA 211.
Sump Pump
Discharge location, electrical, backup options, plumbing tie-in.
Mini-Split
Refrigerant lines, condensate, electrical disconnect, line set sleeve.