Research by DoINeedAPermit Research Team · Updated May 2026
The Short Answer
Most fences under 6 feet in side or rear yards are permit-exempt in New Smyrna Beach; any fence in a front yard, any fence over 6 feet tall, and ALL pool barriers require a permit. Height is measured from the highest ground level on either side of the fence line (not foundation elevation), and New Smyrna Beach enforces a strict no-fence-in-utility-easement rule that catches many unprepared homeowners.
New Smyrna Beach uniquely requires property-line survey certification for ANY fence proposal within 10 feet of an easement (utility, stormwater, or recorded drainage easement) — this is stricter than many Florida cities and often trips up homeowners who don't know an easement exists on their property. The city's online permit portal (if filed digitally) requires a survey-certified site plan; in-person submissions at City Hall sometimes allow a hand-drawn sketch WITH a Property Appraiser plat reference, but this is not guaranteed and the Building Department has cited over-the-counter filings for missing easement disclosure. New Smyrna Beach is also in a coastal high-hazard area (CHHA) under FEMA flood maps, which means fences in flood zones may require floodplain permit review and additional footing depth specifications — something not always flagged in other Florida jurisdictions. Pool barriers (any height) fall under Florida Statutes § 515.001 and IBC/IRC AG105 and require detailed gate-spec drawings showing self-closing, self-latching hardware; the city will not issue a pool-barrier permit without manufacturer submittals. Unlike many Florida cities, New Smyrna Beach does NOT allow fence height averaging across graded or sloped lots — the highest ground point on either side of the fence line is where height is measured, which can push a sloped rear-yard fence into permit territory unexpectedly.

What happens if you skip the permit (and you needed one)

New Smyrna Beach fence permits — the key details

New Smyrna Beach enforces two separate but equally important rules: the height and material rules (which determine permit requirement), and the setback and easement rules (which determine if a QUALIFYING fence can legally be built where you want it). Height limits in residential zones are 6 feet for side and rear yards, 4 feet for front yards, and 3.5 feet for corner-lot sight-distance setbacks (Volusia County Code § 72-106 and City Ordinance § 22-23 incorporated locally). These heights are measured from the highest naturally occurring ground elevation on either side of the fence — not a graded or artificially raised base. If your lot has any slope or fill from construction, you must measure from the high point. Masonry fences (concrete block, stucco-over-block, stone veneer) over 4 feet require a permit AND a footing detail (minimum 12 inches depth in sandy New Smyrna Beach soil, sometimes deeper in limestone areas with subsidence risk) and engineering certification if over 6 feet. Wood, vinyl, and chain-link fences under 6 feet in side and rear yards are permit-exempt UNLESS they are in a recorded easement, a flood zone that requires floodplain review, or a front yard. The flip side: if your fence clears all those hurdles, a simple one-page application and a basic sketch of the lot (with property-line distances and the fence setback from front/side lot lines) gets you a same-day or next-day approval at City Hall, often without any inspection — just a final sign-off after installation.

New Smyrna Beach's most-cited gotcha is the utility easement trap. The city sits in a coastal flatland with extensive stormwater, sanitary sewer, and electric utility easements crisscrossing residential lots. Before you apply for a fence permit, you MUST check your Property Appraiser records (accessible free online at Volusia Property Appraiser website) and your deed for any recorded easements. If your fence falls within 10 feet of an easement, the city will require either a licensed surveyor's plat showing the fence at least 10 feet clear of the easement boundary, OR written consent from the easement holder (usually the water/sewer utility or Florida Power & Light). Many homeowners skip this step, submit a permit, and get a conditional approval requiring the survey retroactively — which delays the job 2–3 weeks and costs $300–$600 for the survey. If you build without permission and an easement is later violated, the utility company can force you to remove or relocate the fence at your own expense, which in sandy soil can mean ripping out footings and rebuilding $1,000+ of your fence. The moral: easement check is FREE if you do it before you apply, very expensive if you skip it.

Flood zone designation is another New Smyrna Beach wrinkle. The city is partially in FEMA flood zones AE and VE (velocity zone near the coast). If your lot is in a mapped floodplain, the fence must meet three additional requirements: (1) the footing must be below the base flood elevation (BFE) — typically 8–12 feet below grade on coastal properties; (2) the fence cannot obstruct stormwater flow or floodplain conveyance (so you cannot build a solid masonry fence perpendicular to the flow direction); and (3) the footing design must account for scour and settlement in saturated sand. New Smyrna Beach's Building Department requires a Floodplain Development Permit (separate from the building permit; no extra fee, but adds 5–7 days to review). If your address is in a flood zone and you apply for a standard fence permit without the floodplain addendum, the permit will be put on hold for clarification. Most residential fence projects in flood zones still proceed, but the footing cost goes up $50–$150 per post due to deeper excavation in wet sand. Check your lot's flood zone on FEMA's Flood Map Service Center or ask the Building Department — they will tell you free.

Pool barriers fall under a strict Florida Statute rule (§ 515.001) and cannot be waived by local code. ANY fence, wall, or structure that encloses a swimming pool (residential or commercial) must be at least 4 feet high with a self-closing, self-latching gate that opens away from the pool and has a 3/8-inch hinge gap and a spring closer rated for your climate. The gate latch must be on the side away from the pool and positioned at least 54 inches above the ground. New Smyrna Beach requires a SEPARATE pool-barrier permit (often filed together with a fence permit) and will not approve it without a manufacturer's data sheet for the hardware and a dimensioned drawing showing gate specs. Many homeowners think they can install a gate from a big-box store — standard gates do NOT meet code. You must spec a true pool-gate with a commercial-grade closer and a latch that a 4-year-old cannot defeat. Cost for a code-compliant pool gate is $400–$800 (parts and labor); permit fee is $50–$100. The footing depth for pool barriers in sandy soil is also deeper (18 inches minimum, 24 inches if in a flood zone). If you have a pool and build a fence around it without the pool-barrier permit, New Smyrna Beach will issue a citation and will not sign off on the final inspection until the gate is retrofitted and inspected. Insurance may also deny a claim if a child drowns and the barrier does not meet code.

Owner-builders in Florida are allowed to pull their own permits (Florida Statutes § 489.103(7)) and do not need a contractor license for residential fence work — but the building permit application still requires a plot plan with property lines, proposed fence location (distance from lot lines in feet and tenths), material specification, and height dimension. If you hire a contractor, they must be licensed under Florida Statutes § 489 (a FLORIDA CONTRACTOR LICENSE, not just a general business license). The permit fee in New Smyrna Beach is typically $50–$200 flat, or sometimes calculated as $1.50–$3.00 per linear foot for masonry fences over 4 feet. A 100-foot fence would run $150–$300 in permit fees. There is no inspection fee; the final inspection is free. Timeline is typically 3–7 days for permit issuance (no review needed for standard wood/vinyl under 6 feet) and 1–2 weeks for masonry or flood-zone fences (plan review required). HOA approval is NOT part of the city permit process — if your property is in an HOA, you must obtain HOA sign-off BEFORE you apply to the city, because the city will not dispute HOA rules and a city permit does not override HOA restrictions. Many homeowners get a city permit only to find the HOA rejects the fence material or height; the city permit becomes worthless and you are liable for the HOA fine.

Three New Smyrna Beach fence (wood/vinyl/metal/chain-link) scenarios

Scenario A
6-foot wood privacy fence, rear yard, Quaker Ridge neighborhood (no HOA, no flood zone, non-pool property)
You own a 1950s bungalow on a standard 100x150 lot in Quaker Ridge, a non-flood area inland of US-1. You want to build a 6-foot pressure-treated pine privacy fence along the rear property line (about 100 linear feet). You checked the Property Appraiser records and found no easements crossing your rear yard. Your lot is NOT in a FEMA flood zone (you checked the Flood Map Service Center and confirmed you are in Zone X — no special flood hazard). This fence is EXEMPT from permitting under New Smyrna Beach code because it is (1) under 6 feet in a side/rear yard (it is AT 6 feet, which is the exempt threshold), (2) non-masonry, and (3) outside a flood zone. You can order materials and build immediately without any city application. However, you should still verify the rear property line with a recent plat or call the Property Appraiser to confirm the fence is not encroaching a recorded drainage easement that might not show on a cursory check (easements sometimes run diagonally or are not clearly marked on older plats). If you later sell the home and a survey reveals the fence is over the line by 6 inches, you could face a removal order or negotiated easement fee ($500–$1,500). Cost: materials roughly $2,000–$3,500 for a 100-foot pressure-treated fence built yourself or $4,000–$6,000 installed by a contractor. No permit fees. Timeline: 3–5 days if DIY, 1–2 weeks if contracted. No inspections required.
No permit required (≤6 ft, rear yard, non-masonry) | Easement check recommended ($0 DIY, $300–$600 if surveyor needed) | PT pine posts 6x6, PT runners 2x6, PT boards 1x6 | 100 linear feet ≈ $2,000–$3,500 materials | Final survey recommended before neighbor fencing ($300–$600)
Scenario B
4-foot vinyl fence, front-yard setback, corner lot in Coronado Beach (flood zone AE, non-pool)
You are a corner-lot owner in Coronado Beach (coastal zone, flood zone AE per FEMA maps, base flood elevation 8 feet). You want to install a 4-foot vinyl fence along your front lot line (the north side of your property facing the street). Even though 4 feet is the front-yard height limit and vinyl is non-masonry, this fence REQUIRES a permit because (1) it is in a front yard (ANY front-yard fence requires a permit in New Smyrna Beach), and (2) it is in a CHHA/flood zone. You must file a standard fence permit application (1 page) with a plot plan showing (a) the front property line dimension in feet, (b) the proposed fence setback from the road right-of-way (minimum 5 feet in most zones to avoid ROW encroachment), and (c) the fence height (4 feet). You must also check for sight-distance easements — corner lots in Florida often have a sight triangle (typically a 25x25-foot or 30x30-foot triangle from the corner) where fences cannot exceed 3.5 feet. If your corner meets this sight-triangle rule, your 4-foot fence will violate code and you must redesign to 3.5 feet or request a variance (variance costs $150–$300 and takes 2–3 weeks). Assuming no sight-triangle conflict, you submit the permit to the Building Department (in-person or online portal) with the plot plan and a vinyl-fence specification (brand, color, material spec). The city will flag this as a FLOOD-ZONE fence and route it to the Floodplain Administrator, who will review to confirm the fence does not obstruct stormwater flow. Since vinyl is permeable and 4 feet is standard height, approval is usually 1 week. Footing depth in flood zone AE is 18 inches minimum (vs. 12 inches in non-flood zones), adding cost. Cost: 60 linear feet of vinyl fence (typical front setback) is $1,500–$2,500 in materials and $2,500–$4,000 installed; permit fee $75–$150. Total cost $3,200–$4,200 with permit. Timeline: 7–10 days for permit, 1 week installation = 2–3 weeks total. One final inspection (city inspector checks footing depth and height measurement). If you skip the permit and build a 4-foot vinyl fence in front without the flood-zone review, the city can issue a citation ($500–$1,000) and require removal if the fence is found to obstruct floodplain conveyance (rare for vinyl, but possible if stormwater engineer flags it). Resale title issue: unpermitted front-yard fence must be disclosed and may delay closing.
Permit required (front yard) | Flood zone AE review required | Sight-triangle check essential (corner lot, 3.5 ft height limit in triangle area) | Vinyl posts 4x4, vinyl boards, 60 linear feet ≈ $1,500–$2,500 materials | 18-inch footing depth in AE flood zone adds $150–$300 labor | Permit fee $75–$150 | 7–10 days permit, 1 week installation | Final inspection by city (footing & height)
Scenario C
8-foot masonry block fence with stucco, side yard adjacent to utility easement, Fremont Terrace (non-flood, pool barrier required)
You own a newer home in Fremont Terrace (non-FEMA flood zone, but inland sandy soil with limestone pockets). You want to build an 8-foot stucco-over-concrete-block side-yard fence to enclose your new 15x30 pool. This is the most complex scenario because THREE rules apply: (1) masonry over 4 feet requires a permit, (2) ALL pool barriers require a separate permit and gate certification, and (3) your deed shows a 15-foot-wide utility easement (electric, water, or sewer) running 10 feet north of your side property line. The fence is 8 feet, which exceeds the 6-foot side-yard limit BUT is allowed because you are enclosing a pool (pool barriers can exceed height limits if necessary for code compliance). You must file TWO permit applications: (A) masonry fence permit with engineering (footing detail, block spec, stucco spec, height drawing) and (B) pool barrier permit with gate hardware specification. For the masonry fence, you will need a licensed engineer (Florida PE) to sign the footing plan because the fence is over 6 feet; cost $300–$500. The footing detail must show a minimum 18-inch depth (12 inches in non-pool, but pool footings are deeper due to footing loads) and account for sandy soil settlement and any limestone voids. In New Smyrna Beach's coastal sand, engineers often specify caissons or helical anchors if deep voids are found. For the pool barrier, you must provide the gate spec sheet (manufacturer data showing self-closing, self-latching hardware, 3/8-inch hinge gap, 54-inch latch height) and a dimensioned gate drawing. The utility easement complicates approval: because your fence is within 10 feet of the recorded easement, the city will require a certified property surveyor's plat showing the fence location relative to the easement, AND written permission from the utility (Florida Power & Light, water department, or wastewater authority). This adds 2–3 weeks to the timeline and $400–$600 in survey cost. If the surveyor discovers the fence violates the easement boundary, you must relocate it, which can push the fence into your neighbor's view or block driveway access. The permit review is 2 weeks (engineering required), plus 1 week for floodplain check (even though you are in Zone X, the city does a standard floodplain review for masonry). Installation takes 2–3 weeks (concrete footings must cure, block laying, stucco application and curing). Final inspection includes footing depth check, masonry joints, stucco application, and pool gate operation test. Cost: 80 linear feet of 8-foot stucco block fence is $6,000–$9,000 in materials + $2,000–$3,000 labor + engineering $300–$500 + survey $400–$600 + pool gate $500–$800 = total $9,200–$14,400. Permit fees $200–$350 (masonry $150–$200, pool barrier $50–$150). Timeline: 3–4 weeks permit (due to easement survey and engineering review) + 2–3 weeks installation + 5 days final inspection = 6–8 weeks total. If you skip the permit, you face a stop-work order ($500–$1,500 fine), and if the fence later encroaches the utility easement, the utility can force removal and you pay $5,000–$10,000 to rebuild elsewhere. Insurance claim denial if a non-permitted pool barrier contributes to a drowning liability case.
Permit required (masonry + pool barrier, 8-foot height) | Utility easement survey required ($400–$600) | Licensed engineer required for footing design ($300–$500) | 18-inch deep footings in sand (caissons possible if karst voids detected) | 80 linear feet stucco block ≈ $6,000–$9,000 materials, $2,000–$3,000 labor | Pool gate (commercial-grade closer) $500–$800 | Permit fees $200–$350 | 3–4 weeks permit review, 2–3 weeks installation | Footing, masonry, gate, and final inspection

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Coastal sandy soil and footing design in New Smyrna Beach

New Smyrna Beach sits on coastal Pleistocene sand overlaid with recent shell and organics, with limestone (karstified in places) below 20–40 feet. This soil is highly permeable, settled unevenly during storm surge, and offers poor lateral resistance — all of which affects fence footing design. A 4-foot wood fence in non-saturated sand can anchor with a 24-inch post set in a 10-inch-diameter post-hole concrete collar. But an 8-foot masonry fence requires an 18-inch-deep footing (some engineers specify 24 inches if limestone voids are suspected), a minimum 12-inch-wide footing pad, and concrete strength 3,000 PSI or better. In flood-zone properties, the footing must extend below the base flood elevation, which can mean 24–36-inch excavation on coastal lots. The Building Department does not require soil testing for routine residential fences under 6 feet, but for masonry over 6 feet, a geotechnical report is sometimes requested, especially if the engineer flags karst risk or if the lot has a history of settlement. Cost for a geotech report is $600–$1,200. The reason New Smyrna Beach is strict about footing depth is past failure: in the 1980s and 1990s, unpermitted masonry fences over 6 feet were built on shallow 8-inch footings in sandy lots; after the first major storm, several failed, damaging neighboring properties and cars. Now, footing inspections are mandatory for masonry over 4 feet, and the inspector will probe the excavation with a steel rod to verify depth before the concrete is poured.

HOA approval, easement disclosure, and the flip-flop trap

New Smyrna Beach has a patchwork of HOA communities (Quaker Ridge, Fremont Terrace, Coronado Beach, Venetian Bay, and dozens of smaller associations) and unincorporated areas. The city permit process does NOT include HOA review — the city will issue a fence permit even if the HOA has prohibited wood fences, mandated specific colors, or capped height at 5 feet. This creates a dangerous trap: you get a city permit for a 6-foot privacy fence, start building, and midway through the HOA board sends a cease-and-desist letter citing your CC&Rs (Covenants, Conditions & Restrictions), which forbid fences over 4 feet or require the fence to match the existing neighborhood design. Now you have a city permit (useless) and an HOA violation (subject to fines $500–$2,000 per month, lien attachment, or forced removal). The solution: before you apply to the city, GET HOA APPROVAL IN WRITING. If you have an HOA, request an architectural review application, submit your fence design (sketch, material, color, height), and obtain written approval. This adds 2–4 weeks to the timeline but prevents a costly conflict. Some HOAs are strict (Venetian Bay requires 6x6 posts, specific vinyl colors, setback 2 feet from the lot line); others are lax and may waive height limits if you request a variance. Many HOAs have no fence restrictions at all and approval is pro forma. But you MUST check — do not assume. Easement disclosure is similarly non-negotiable: if you discover AFTER building that your fence violates a recorded easement, the utility can demand removal, and your title becomes clouded. A future buyer or lender will refuse to proceed until the fence is removed or an easement release is negotiated (expensive). The cheapest insurance is a $300–$600 survey before you build, which documents the fence location relative to all easements and lot lines. For properties under 100 linear feet, a survey is often faster and cheaper than dealing with a post-construction removal order.

City of New Smyrna Beach Building Department
City Hall, 210 Sycamore Ave, New Smyrna Beach, FL 32168
Phone: (386) 424-2400 (main line; ask for Building Department) | https://www.nsmyrnbeachfl.gov/departments/building (verify current URL with city website)
Monday–Friday, 8:00 AM–5:00 PM (closed weekends and holidays)

Common questions

Do I need a permit for a replacement fence (same height, same material, same location)?

Not necessarily. Florida allows replacement-in-kind fences to skip permitting if the new fence matches the old fence in height, material, and location. However, New Smyrna Beach requires you to submit a SHORT FORM Fence Replacement Affidavit (not a full permit) to document that the fence is truly identical and that no code violations are being corrected. The affidavit takes 10 minutes to complete and is filed free of charge at City Hall or by email to the Building Department. If your original fence was non-code (e.g., 7 feet tall, or encroaching an easement), you CANNOT use the replacement exemption — you must apply for a standard permit and bring the fence into compliance. Many homeowners skip the affidavit to save time, but if a neighbor complains or the city pulls a file review during a property transfer, you may be cited for an unpermitted replacement. File the affidavit; it costs nothing and protects you.

What if my neighbor built a fence that blocks my view or is over the property line?

That is a civil property dispute, not a city permit issue. The city Building Department will not enforce property-line disputes or resolve neighbor complaints about spite fences or view obstruction. You have three remedies: (1) hire a surveyor to establish the exact property line (cost $300–$600) and present the survey to your neighbor; (2) file a lawsuit for trespass or boundary-line dispute (expensive, $3,000–$10,000+); or (3) file a complaint with the county Property Appraiser if you believe the fence encroaches the recorded lot line and request a formal boundary review. If the fence violates NEW SMYRNA BEACH CODE (e.g., it is 8 feet tall in a side yard, or it obstructs a sight-distance easement), you can complain to the Building Department and request a code-compliance inspection, which is free. The city will verify the fence height and setback and may issue a violation notice if it is non-compliant. However, if the fence is in compliance and the property-line issue is the neighbor's concern, the city will not intervene.

Do I need a permit for a chain-link fence to contain a dog?

Not if the fence is under 6 feet tall and is in a side or rear yard, NOT in a flood zone, and NOT in a recorded easement. Chain-link is non-masonry, so it qualifies for the exemption. However, if your lot is in a front yard (corner lot, through-lot, or you want the fence on the front setback), you MUST permit it, even if it is only 4 feet tall. If your property is in a FEMA flood zone, a chain-link fence of any height must be submitted for floodplain review (usually approved quickly because chain-link does not obstruct flow). Pool barriers (if you have a pool) cannot be chain-link alone — the pool must be enclosed by at least 4-foot chain-link with a self-closing, self-latching gate, AND the chain-link must be at least 2-inch diamond mesh (not 2.5-inch or larger), per Florida Statutes § 515.001. If your chain-link pool fence uses larger mesh, it will fail inspection because a young child could fit through.

How is fence height measured in New Smyrna Beach if my lot is sloped?

Height is measured from the HIGHEST naturally occurring ground level on EITHER SIDE of the fence line, not from a leveled base or the average of two sides. If your rear yard slopes downward from the house to the back of the property, a 6-foot fence post at the high side of the property may measure 7.5 or 8 feet at the low side. The city inspector will measure from the low point (the highest point on either side), so you must set the fence height at the uphill end to ensure it does NOT exceed 6 feet at the downhill end. If you have significant slope (more than 2 feet across 100 linear feet), you may need a stepped or terraced fence design, which complicates the permit because it requires a detailed site plan showing elevations. Many homeowners discover this problem during final inspection and have to shorten posts or relocate the fence uphill — expensive and time-consuming. Solution: get a plot plan or topographic survey ($300–$600) BEFORE you apply, so you can design the fence correctly the first time.

What if I want to put a fence in a utility easement — can I get a variance?

No. Variances do not apply to utility easements. Florida law prohibits any structure (including fences) from being built in a recorded utility easement without written permission from the easement holder (Florida Power & Light, city water/sewer, Verizon, etc.). The utility company will almost never grant permission because it restricts their ability to access and maintain underground and overhead lines. If you ask, the utility will say no. If you build anyway and the utility later needs access, they can remove your fence at your expense (and bill you for it). The only option is to relocate the fence 10+ feet away from the easement boundary. If that is not possible due to lot size or neighbor disputes, you are stuck — you cannot build a fence in that location. Some homeowners negotiate an alternate route with the utility (e.g., undergrounding the line at private expense) but this costs $10,000–$20,000+.

Can I build a fence myself or do I need a contractor?

Florida law allows owner-builders to construct residential fences without a contractor license (Fla. Stat. § 489.103(7)). You can pull your own permit, build the fence, and schedule the final inspection. However, if you hire a contractor, they must hold a current Florida Roofing, Building Contractor, or Fence Contractor license. Some fence companies operate under a general Building Contractor license; others hold a specialty Fence Contractor license (no masonry skills required, lower cost). Do NOT hire an unlicensed crew — if the fence fails, you have no recourse and no insurance coverage. The city will not accept a permit application signed by an unlicensed contractor. If you build it yourself, you assume all liability for code compliance and footing depth; the city will still inspect and reject the work if it does not meet code (no second chances — you pay to fix it).

What if the fence is between me and a neighbor — do we split the permit fee?

No. In Florida, the property owner who initiates the fence permit is responsible for the full permit fee, even if the fence is a boundary line. Many neighbors informally split the cost, but legally, only one person can pull the permit (the homeowner whose property legally owns the fence and who has the deed signed to it). If you and your neighbor agree to share cost, draw up a simple cost-sharing agreement in writing — do not rely on a handshake. If the neighbor later refuses to pay their half, you have no legal remedy because the contract is informal. Many boundary fences wind up being disputed years later when a property changes hands, so document the agreement with the current neighbor in writing.

Can I install a fence over Labor Day weekend without waiting for a permit?

No. The permit must be APPROVED by the city before any work begins on the fence — no exceptions. If you build without a permit and the city issues a stop-work order, you must remove the fence or hire a contractor to bring it into code (and pay double permit fees retroactively). Do not assume you can build fast and ask for forgiveness later — New Smyrna Beach Building Department staff actively conduct neighborhood inspections and will flag unpermitted fences. Additionally, your homeowner's insurance will not cover injuries or property damage related to an unpermitted fence, so if a guest is injured and sues, you are personally liable. Permit approval is typically 3–7 days for standard fences; plan accordingly.

Does my pool fence height limit apply to the interior or exterior of the pool?

The 4-foot pool barrier height is measured from the POOL-SIDE (interior) of the fence. The gate must open away from the pool. This ensures that if a child is in the pool, they cannot climb out and reach a fence that is higher than 4 feet and gain access to the exterior. The exterior side of the fence can be any height (e.g., you can use an 8-foot fence as a dual-purpose pool barrier plus privacy fence, as long as the pool-side measurement is 4 feet). The gate must be self-closing and self-latching with a latch at least 54 inches above the ground, measured from the POOL-SIDE of the gate. If your gate is on the exterior side of the fence (facing your yard), it still must meet these specs — the latch height is measured from the pool-side surface.

If I remove an old fence, do I need a permit to remove it?

No. Demolition of a fence does not require a permit in New Smyrna Beach. You can remove the fence yourself and haul away the materials. However, if you are hiring a contractor to do the removal, confirm they have a current Florida license (required for any paid demolition work by a licensed contractor, though small fence removals are sometimes exempt under Fla. Stat. § 489.103). If the old fence includes a concrete footing with rebar, you may need to hire a contractor or disposal service to break out the footing and haul the concrete (landfill tipping fees apply, $50–$100 per ton). Do not bury concrete or demolition debris on your property — it violates county environmental code and can create liability if a future excavator hits buried concrete or rebar and is injured.

Disclaimer: This guide is based on research conducted in May 2026 using publicly available sources. Always verify current fence (wood/vinyl/metal/chain-link) permit requirements with the City of New Smyrna Beach Building Department before starting your project.

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