Before You Build That Fence: What Every Memphis-Area Homeowner Must Know — And Why Your Real Estate Agent Matters More Than You Think

So you just moved into your new construction home in Bartlett, Collierville, Germantown, Lakeland, Arlington, or Millington — and you’re ready to fence in the backyard. Maybe you want privacy, a safe space for your kids, or you just want to define your property line. Sounds simple, right?

Not so fast.

What most buyers — especially new construction buyers — don’t realize is that fence rules in the Memphis suburbs are NOT uniform. Every single municipality has its own ordinance, its own permit process, its own fee schedule, and its own list of banned materials. And if your lot sits in an HOA community (which most new construction communities do), you’ve got another whole layer of rules on top.

Getting it wrong doesn’t just cost you money. It can mean tearing down a fence you already paid for.

This is exactly the kind of thing your real estate agent should be talking to you about before you close — not after. Let’s break it all down, city by city.

Why This Matters for New Construction Buyers Specifically

When you buy a new construction home, you’re often buying a lot that has not yet been fully developed. That means:

Your plat may show drainage or utility easements running right through the area where you want to put your fence.

Your HOA CC&Rs — the rules set by the builder or developer — may restrict fence height, materials, color, and style, sometimes more strictly than the city itself.

The builder’s landscaping plan may not be complete, and your lot grades may affect what kind of fence installation is even structurally possible.

You may be in a FEMA flood zone or a stormwater corridor that adds additional restrictions.

A knowledgeable real estate agent will review your plat, flag any easements, explain what the HOA allows, and help you understand what you’re really buying before you sign anything. This is not a conversation to have six months after closing.

The Stormwater Easement Issue: The Most Overlooked Fence Blocker in Shelby County

Before we get to the city-by-city breakdown, let’s talk about the single biggest surprise fence issue in Shelby County: drainage and stormwater easements.

Many residential lots in the Memphis area — especially in newer subdivisions — contain recorded drainage easements. These are strips of land, often running along the back or side of your yard, where the county or city retains the right to access, maintain, and repair drainage infrastructure.

Here is what you need to know:

A drainage easement gives the county the right to enter that space to make repairs and fix problems related to public facilities such as culverts and inlets. The county does not own your property, but it does have legal access rights to that strip of land.

If you want to know whether a drainage easement exists on your property, you can check your subdivision plat at the Shelby County Register of Deeds by doing an address search and selecting the link to your subdivision’s plat. Website: register.shelby.tn.us

Every municipality in the Memphis area prohibits building a fence in a manner that blocks, diverts, or impedes stormwater flow. If your fence sits over a drainage easement, the city or county can require you to remove it — at your expense.

Shelby County has published a New Homeowners Buyers Guide to Stormwater Management covering all municipalities including Arlington, Bartlett, Collierville, Germantown, Lakeland, Memphis, and Millington. You can reach the Shelby County Engineer’s office at (901) 222-7705 or visit shelbycountytn.gov/3478/Stormwater.

The bottom line: Before you purchase any fencing materials, have your plat reviewed and confirm whether any easements exist on your lot. This is a free check that could save you thousands.

City of Memphis

Governing Code: Memphis and Shelby County Unified Development Code (UDC)
Permit Portal: develop901.com
Office of Planning and Development: (901) 636-6300
Full Rules Reference: tnfencerules.com/fence-rules-memphis-city-tennessee

Permit Required?
A building permit is required only if your fence exceeds 7 feet in height. Below 7 feet, no building permit is required — but you still must confirm zoning conditions, setbacks, and plat requirements with the Office of Planning and Development before you build.

Height Rules
Front yard: maximum 4 feet for solid fences. Wrought iron or open-style metal fencing may go up to 8 feet in the front yard including columns.
Side and rear yards: maximum 9 feet.

Easement Rules
Fences may not be placed in a manner that obstructs access to utility easements or drainage paths. If access to a utility line becomes necessary, property owners may be required to remove the fence at their own expense.

Prohibited Materials
Barbed wire, razor wire, and concertina wire are prohibited in all residential zoning districts.

Composite and Vinyl Fences
The Memphis UDC does not restrict vinyl or composite materials as long as the fence meets standard height and safety requirements. If your property is in a Historic District or Neighborhood Overlay, additional approval from the Memphis Landmarks Commission may be required regardless of height or material.

HOA Note
HOA covenants and private deed restrictions operate independently of Memphis city ordinances. Your HOA may impose stricter height limits, specific material requirements, or mandatory design reviews. City approval does not override your HOA rules.

City of Bartlett

Governing Code: Bartlett Zoning Ordinance, Title 14
Permit Office: Bartlett Code Enforcement, 6462 Stage Road, Bartlett, TN 38134
Permit Application: cityofbartlett.org/DocumentCenter/View/15181/APPLICATION-FOR-FENCE-PERMIT-2023
Required Permits Page: cityofbartlett.org/142/Required-Code-Permits
Permit Fee: $14.00

Permit Required?
Yes — a permit is required for every new fence installation in Bartlett, for adding fence sections, for replacing more than 50% of an existing fence, and for any change in location, type, or materials. A site plan showing the fence location on your property must accompany the application. Bartlett’s permit requirement applies regardless of fence height, which is stricter than Memphis.

Height Rules
Front yard: maximum 4 feet.
Side and rear yards: maximum 8 feet.

Front Yard Material Restrictions
Permitted front yard materials are split rail and wrought iron including those with brick or stone columns. All other front yard materials require approval from Bartlett’s Design and Review Commission. Specifically prohibited in all areas: exposed plain cinder block, concrete block, metal mesh fencing, barbed wire, and single wire fencing.

Corner Lot Rules
On corner lots, fences taller than 4 feet but not exceeding 8 feet may be built in the yard on the side that does not contain the principal entrance, provided a 15-foot setback is maintained from the street right-of-way and the fence does not project beyond the front of the house.

Drainage and Easement Rules
Bartlett restricts fences based on drainage. Fences must not block or impede stormwater flow. Any fence within or near a drainage easement may be subject to removal at the owner’s expense.

Composite and Vinyl Fences in Bartlett
Composite and vinyl are not specifically prohibited for side and rear yards. For front yard composite or vinyl, Design and Review Commission approval is required. Confirm with Code Enforcement before purchasing materials.

Town of Collierville

Governing Code: Collierville Zoning Ordinance Section 151.006 and Building Code
Permit Office: Development Department, 500 Poplar View Parkway, Collierville, TN 38017
Phone: (901) 457-2360
Fence Permits Page: colliervilletn.gov/government/town-departments/development/planning/faqs/fence-permits
Zoning Ordinance: codelibrary.amlegal.com/codes/collierville
Permit Fee: $50 (double fees if fence is installed without a permit first)

Permit Required?
Yes — a permit is required for all new fences and for reconstructing more than 50% of an existing fence. Even if a replacement fence does not require a permit, it must still comply with all zoning and building code regulations. Applicants can now apply, pay, and receive permits online.

Height Rules
Front yard: maximum 4 feet. Properties in the Historic District are subject to Design Review Commission or Historic District Commission review.
Side and rear yards: maximum 6 feet.

Prohibited Materials
Chain link is prohibited for new residential installations. Vinyl coated chain link, standard chain link, cinder block, concrete block, and barbed wire are all prohibited except in very limited circumstances authorized by the Design Review Commission. Wire mesh, single wire, and electrified fencing are also prohibited in residential zones.

Composite and Vinyl Fences in Collierville
Composite is not on the prohibited list. However, the Design Review Commission has review authority over certain applications, particularly in the Historic District. Confirm material acceptability with Town staff before purchasing.

Easement and Drainage Rules
No structure or projection may be placed in a public utility or drainage easement except where it can be removed at the property owner’s expense for maintenance and repair of utility lines.

HOA Note
Collierville has many HOA communities, particularly in new construction areas. Always check with both the Town and your HOA before starting any fence project. HOA rules in Collierville communities are often more restrictive than Town standards.

City of Germantown

Governing Code: Germantown Code of Ordinances, Chapter 6, Section 102
Permit Office: Economic and Community Development, 1920 S. Germantown Road, Germantown, TN 38138
Code Compliance Phone: (901) 757-7281
Property Improvements Page: germantown-tn.gov/live/neighborhoods-code-compliance/property-improvements
Fence Ordinance (Chapter 6): germantown-tn.gov/work/codes-and-guidelines
Full Rules Reference: tnfencerules.com/fence-rules-germantown-city-tennessee
Permit Fee: $40

Permit Required?
Yes — a permit is required before commencing any fence installation. This includes all new fences, additions to existing fences that modify the original perimeter, replacement of more than 50% of an existing fence, and any change in location, height, fence type, or materials.

Height Rules
Front yard: maximum 30 inches. This is one of the most restrictive front yard limits in the Memphis suburbs.
Side and rear yards: maximum 6 feet.

Right-of-Way Rule
No fence may be placed within the city right-of-way, defined as the 10-foot area measured from the face of the curb toward the house.

Drainage and Easement Rules
Fences are prohibited from preventing access to public utility or drainage easements. If a fence obstructs access to utility meters or infrastructure, the city may remove it at the owner’s expense. Fence installations must allow for proper water flow and must not obstruct the natural drainage of the site or neighboring properties.

Permitted Materials
Wood, fashioned metal such as wrought iron or aluminum, decorative vinyl, and chain link are all permitted in Germantown.

Prohibited Materials
Barbed wire, razor wire, and electric fencing are prohibited on residential parcels.

Composite Fences in Germantown
Composite is not listed as a permitted material and is not listed as prohibited. Confirm acceptability directly with the Planning Division before installation.

Orientation Rule
Wood fences that face or run parallel to a street must be installed with the smooth side facing the street. All structural supports, runners, and posts must be on the interior side not visible from the street.

Structural Standard
Posts must be vertical, level, and installed in concrete to a minimum depth of 18 inches.

HOA Note
Germantown has many mature and established HOA communities. HOA requirements operate independently from city regulations and may be significantly more restrictive. City approval does not override your private HOA rules.

Town of Arlington

Governing Code: Arlington Zoning Ordinance, Title 14
Permit Office: Town of Arlington Planning and Development, 5854 Airline Road, Arlington, TN 38002
Phone: (901) 867-2620
Website: townofarlington.org/page/planning-and-development
Shelby County Construction Code Enforcement (for building permits): (901) 222-8300

Permit Required?
Yes. Building permits for properties in Arlington are managed through a combination of Arlington’s Planning Department and the Shelby County Office of Construction Code Enforcement at 6456 Mullins Station Road. Contact Arlington Planning directly at (901) 867-2620 to confirm the current process for your specific project.

Arlington is one of the fastest-growing towns in Tennessee, with significant new construction activity across multiple subdivisions. Because of this growth, specific fence height requirements and material rules should be confirmed directly with the city — regulations in rapidly growing communities can be updated more frequently than in established suburbs.

What to confirm before you fence in Arlington:
Whether your lot has any stormwater or drainage easements shown on the plat.
What your HOA’s CC&Rs say about fence height, materials, color, and the approval process.
Whether your permit should be pulled through Arlington Planning, Shelby County Code Enforcement, or both.

For current fence-specific requirements, contact:
Arlington Planning: (901) 867-2620
Shelby County Code Enforcement: (901) 222-8300
Online permit portal: develop901.com

City of Lakeland

Governing Code: Lakeland Unified Development Ordinance
Permit Office: City of Lakeland Planning Department, 10001 US Highway 70, Lakeland, TN 38002
Phone: (901) 867-2716
Permits Page: lakelandtn.gov/120/Permits
Fence and Wall Permit Application with Full Rules: lakelandtn.gov/DocumentCenter/View/11494/Fence-Wall-Permit-Application-1

Permit Required?
Yes — all fences require city review and approval through the Minor Site Plan Review process. The permit and plan are void if construction has not begun within six months of the issue date. Applications must be submitted in person at City Hall. For security purposes, paper applications are not accepted via email.

Height Rules
Front yard: maximum 2.5 feet for most residential zones. In RE and Agricultural districts, solid front yard fences may go up to 4 feet.
Side and rear yards: maximum 6 feet.
Solid fences are not permitted within 25 feet of any street intersection corner.
Solid fences and walls over 2.5 feet are not permitted within 25 feet of an open water body.
Posts, decorative columns, and light fixtures may exceed the height limit by up to 1 foot.

Approved Materials
Brick, stone, wood, composite wood, and metal are all permitted. PVC is permitted for non-solid fencing. All materials must be finished quality and durable, treated to prevent disease or decay. Lakeland is the only Memphis suburb that explicitly names composite wood as a permitted fencing material in its ordinance.

Prohibited Materials
Barbed wire, chain link (with limited exceptions for dog runs and animal pens fully screened from street view), exposed cinder or concrete block, metal mesh, razor wire, and single wire fences are prohibited in all residential yards.

Drainage Rules
No fence or wall shall impede or divert the flow of water through any drainageway. This is strictly enforced in Lakeland.

Scenic Corridor Rule
Fences are not permitted within Scenic Corridor Buffers. If your property borders a designated scenic corridor, this may affect where a fence can be placed.

HOA Requirement — Unique to Lakeland
Lakeland requires written HOA approval to be submitted with your fence permit application. The city will not process your permit without it. If you live in an HOA community in Lakeland, get your HOA architectural review committee approval in writing before you apply for your city permit.

City of Millington

Governing Code: Millington Municipal Code, Chapter 13, Sections 13-801 through 13-806
Permit Office: City of Millington Planning and Zoning
Planning and Zoning Page: millingtontn.gov/177/Planning-Zoning
Fence Ordinance (full text): millingtontn.gov/AgendaCenter/ViewFile/Item/3152?fileID=3834

Permit Required?
Yes — it is unlawful to begin fence installation in Millington without a permit. A permit is required for all new fences and for any replacement or change of materials. Minor maintenance or replacing small portions of an existing fence does not require a permit.

Height Rules
Front yard: maximum 4 feet. Periodic posts, columns, lighting fixtures, and decorative details may exceed 4 feet.
Side and rear yards: maximum 8 feet.

Front Yard Permitted Materials
Split rail, brick, wood picket, PVC picket, and wrought iron including those with brick or stone columns are permitted in front yards. All other front yard materials require approval from the Millington Planning Commission.

Side and Rear Yard Permitted Materials
Wood, brick, stone, PVC, wrought iron, and concrete fence panels. Chain link is permitted in side and rear yards only if it is not visible from the street.

Prohibited Materials
Plain cinderblock, concrete block, metal mesh, sheet metal, barbed wire, and single wire fencing are prohibited. Chain link is prohibited in any area visible from the street.

Composite Fences in Millington
Composite is not on the prohibited list and falls within the general language of customary fence construction materials for side and rear yards. For a front yard composite fence, Planning Commission approval would be required. Confirm with the city before purchasing materials.

Drainage and Easement Rules
Fences must provide sufficient ground clearance so drainage flows freely and does not negatively impact adjacent property owners. Fences located in or along a drainage easement must maintain a minimum ground clearance of 2 inches. Fences located in any public easement — including utility, drainage, and pedestrian easements — are subject to removal at the owner’s expense if maintenance or construction work within the easement is needed.

Corner and Double Frontage Lot Rules
On corner and double frontage lots, all fences must have the finished side facing the street. Where a fence abuts common open space, parkland, or greenbelt, the finished side must also face the open space.

Quick Reference: All Six Suburbs at a Glance

City of Memphis — Permit only if over 7 ft — Front yard max 4 ft solid / 8 ft wrought iron — Rear and side max 9 ft — Composite allowed — Permit portal: develop901.com

Bartlett — Permit required for ALL new fences — Front yard max 4 ft — Rear and side max 8 ft — Composite in side/rear yards (confirm front yard) — Permit fee $14 — Code Enforcement: (901) cityofbartlett.org

Collierville — Permit required for ALL new fences — Front yard max 4 ft — Rear and side max 6 ft — Composite not prohibited (confirm) — No new chain link — Permit fee $50 — (901) 457-2360

Germantown — Permit required for ALL new/modifications — Front yard max 30 inches — Rear and side max 6 ft — Composite not prohibited (confirm) — Permit fee $40 — (901) 757-7281

Arlington — Permit required — Heights: confirm with city — Composite: confirm with city — (901) 867-2620 or develop901.com

Lakeland — Permit required for ALL new fences — Front yard max 2.5 ft — Rear and side max 6 ft — Composite EXPLICITLY APPROVED — No chain link — HOA written approval required with permit — (901) 867-2716

Millington — Permit required for ALL new fences — Front yard max 4 ft — Rear and side max 8 ft — Composite permitted in side/rear (confirm front) — No chain link visible from street — millingtontn.gov/177/Planning-Zoning

HOA Rules: The Second Layer Every New Construction Buyer Must Check

City ordinances set the floor. HOA rules often set a much lower ceiling.

In new construction communities throughout the Memphis suburbs, builders establish HOA rules called CC&Rs — Covenants, Conditions, and Restrictions — that are recorded with the subdivision plat. These rules typically cover fence height (often limited to 4 or 6 feet regardless of what the city allows), fence materials (many prohibit chain link entirely and some require only specific approved styles), fence colors (some communities require natural wood tones or specific colors only), approval process (written ARC — Architectural Review Committee — approval before installation, sometimes taking 30 to 60 days), and setbacks from lot lines that may be more restrictive than city code.

An HOA can place a lien on your property if you violate their fence rules. This is not a hypothetical. It happens.

Questions to ask before you close on any new construction home:

Does this community have an HOA?
What does the CC&R document say specifically about fences?
Is there an ARC approval process and how long does it take?
Are composite or vinyl materials approved or prohibited?
Does the HOA require specific fence colors, styles, or approved vendors?
Does the HOA have its own setback rules separate from the city’s requirements?

If you are buying in a brand-new subdivision, the builder may not have a full HOA board established yet — but the CC&Rs are still binding from the day you close. Your agent should pull these documents and review the fence section with you before closing.

The Statewide Baseline: What Tennessee Law Says

Tennessee does not have a single statewide residential fence code. Every city and county sets its own rules. This is why the same fence that is perfectly legal in Memphis might require a permit in Bartlett or be prohibited in Collierville.

Tennessee Code Annotated Section 44-8-101 covers partition fence law — meaning fences on shared property lines. No owner is legally required to allow a neighbor to join a fence exclusively on that owner’s land. Shared fence costs and maintenance responsibilities are a private matter between property owners. No city or county government determines who pays for a shared fence.

Tennessee’s Underground Utility Damage Prevention Act — TCA 65-31-101 — requires every person who digs, including homeowners and contractors, to contact Tennessee 811 at least three working days before breaking ground anywhere in the state. This applies to every fence post hole in every city on this list. Call 811 or visit tn811.com before you dig anything.

Why You Need a Real Estate Agent Who Knows This Stuff

A fence seems like something you deal with after you move in. But the real time to ask these questions is before you close — because the answers may affect which lot or which neighborhood you choose.

Here is what goes wrong when buyers don’t have this conversation with their agent before closing:

You buy a lot with a stormwater drainage easement running across the entire back half of the yard. You cannot put a privacy fence where you wanted it.

You move into a new construction community where the HOA CC&Rs require all fences to be black aluminum only — but you already ordered a wood privacy fence.

You install a fence in Bartlett without pulling a permit first and now face double fees and a code violation notice.

You are in Lakeland and you started your fence without getting written HOA approval first. The city will not process your permit application without it. Your fence sits unfinished while you wait on the HOA board to meet.

You are in Collierville and your neighbor built a fence right on the shared property line. You do not know exactly where your line ends. Only a licensed surveyor — not the city — can determine that.

A real estate agent who serves the Memphis suburbs knows to review the plat for easements, pull and read the HOA documents, explain the municipal permit process for your specific city, and flag every one of these issues before you sign anything. This is the value of having the right representation.

Ready to Talk Before You Buy?

If you are thinking about buying a new construction home in Bartlett, Arlington, Collierville, Germantown, Lakeland, Millington, or Memphis — and you want an agent who is going to actually dig into the details before you close — let’s talk.

I’m Venus Miller with eXp Realty, and I specialize in helping buyers in the Memphis suburbs navigate exactly these kinds of details so there are no surprises after the keys are in your hand.

Call or text: (901) 461-3210
Book a call: tidycal.com/venussells901

Venus Miller — eXp Realty — Memphis, Tennessee Metro Area
Serving Bartlett, Arlington, Lakeland, Collierville, Germantown, Millington, and surrounding communities

Official Municipality Contacts and Sources

City of Memphis — Office of Planning and Development
Permit Portal: develop901.com
Phone: (901) 636-6300
Fence Rules Reference: tnfencerules.com/fence-rules-memphis-city-tennessee

City of Bartlett — Code Enforcement
6462 Stage Road, Bartlett, TN 38134
Fence Permit Application: cityofbartlett.org/DocumentCenter/View/15181/APPLICATION-FOR-FENCE-PERMIT-2023
Required Permits: cityofbartlett.org/142/Required-Code-Permits
Permit Fee: $14

Town of Collierville — Development Department
500 Poplar View Parkway, Collierville, TN 38017
Phone: (901) 457-2360
Fence Permits: colliervilletn.gov/government/town-departments/development/planning/faqs/fence-permits
Permit Fee: $50

City of Germantown — Economic and Community Development
1920 S. Germantown Road, Germantown, TN 38138
Code Compliance: (901) 757-7281
Property Improvements: germantown-tn.gov/live/neighborhoods-code-compliance/property-improvements
Fence Ordinance Chapter 6: germantown-tn.gov/work/codes-and-guidelines
Permit Fee: $40

Town of Arlington — Planning and Development
5854 Airline Road, Arlington, TN 38002
Phone: (901) 867-2620
Website: townofarlington.org/page/planning-and-development
Shelby County Code Enforcement: (901) 222-8300

City of Lakeland — Planning Department
10001 US Highway 70, Lakeland, TN 38002
Phone: (901) 867-2716
Permits: lakelandtn.gov/120/Permits
Fence and Wall Permit Application: lakelandtn.gov/DocumentCenter/View/11494/Fence-Wall-Permit-Application-1

City of Millington — Planning and Zoning
Planning Page: millingtontn.gov/177/Planning-Zoning
Fence Ordinance Full Text: millingtontn.gov/AgendaCenter/ViewFile/Item/3152?fileID=3834

Shelby County Stormwater — All Municipalities
Phone: (901) 222-7705
Stormwater and New Homeowners Guide: shelbycountytn.gov/3478/Stormwater
Drainage Easement Lookup: register.shelby.tn.us

Tennessee 811 — Call Before You Dig — Required by State Law
Call: 811
Website: tn811.com

This post is for informational purposes only and should not be considered legal advice. Rules may change. Always confirm current requirements directly with the municipality and your HOA before purchasing materials or starting construction. Venus Miller is a licensed real estate agent with eXp Realty serving the Memphis, Tennessee metropolitan area.