GeorgiaFence Rules

Fulton County

Fence Rules in Atlanta - Oakland Cemetery, Georgia

Last verified: August 28, 2026

This page is maintained manually and may not reflect very recent ordinance changes. Always confirm current rules with your local permitting office.

For information only. Fence rules change frequently and this site may not reflect every requirement that applies to your property (HOA covenants, easements, variances, recent amendments). Always verify with your local permitting office before building. Full disclaimer

At a glance

In Atlanta - Oakland Cemetery, fence height limits are: front yards, Not set by the cemetery chapter. Atlanta's citywide limits govern, keyed to the lot's zoning; R-1 through R-5: 4 ft max in the front yard. R-G: 4 ft. All other districts: 9 ft; side and rear yards, Not set by the cemetery chapter; R-1 through R-5: 6 ft max in side and rear yards.

Yes. A fence permit is required in Atlanta - Oakland Cemetery. Certificate of appropriateness: required from the Atlanta Urban Design Commission before any rehabilitation, restoration or new construction in the Oakland Cemetery Landmark District.

On corner lots in Atlanta - Oakland Cemetery: Within 20 ft of a street intersection: 2.5 ft max on any fence or wall in a dwelling district, measured from the grade at the intersecting street right-of-way lines.

Pool fences in Atlanta - Oakland Cemetery: The chapter sets no pool barrier rule; A swimming pool is a structure under Atlanta's zoning code, so installing one in the landmark district needs a certificate of appropriateness; A fence around a pool follows Atlanta's citywide fence heights.

Fence setbacks in Atlanta - Oakland Cemetery: The chapter sets no setback for a fence or a wall; Under Atlanta's citywide code, fences and walls may be permitted in any yard, subject to the height and sight distance requirements established by these or other regulations.

Prohibited fence materials in Atlanta - Oakland Cemetery: Gravel, marble chips and granite dust are prohibited on grave surfaces; Hybrid and exotic tree and shrub species are prohibited.

Fence Regulations

Atlanta - Oakland Cemetery

Apply for Permit
Permit Requirements
Certificate of appropriateness: required from the Atlanta Urban Design Commission before any rehabilitation, restoration or new construction in the Oakland Cemetery Landmark District. A fence and a wall are both structures under Atlanta's zoning code, so putting one up in the district is new construction and needs the certificate. Certificate types: type I covers ordinary repair and maintenance and may be approved by the commission's director. Type II covers minor alterations. Type III covers major alterations. Type IV covers demolition. The chapter does not assign a type to fence work, so the commission sets the type when you apply. Building permit: the city's ordinary permit valuation and permit scope exemptions do not apply to exterior work in a landmark district. Repair work under $2,500: no certificate of appropriateness and no building permit required, provided the work is otherwise lawful. Altering an existing walk, wall or drive in the cemetery also needs a certificate of appropriateness.
Height - Front Yard
Not set by the cemetery chapter. Atlanta's citywide limits govern, keyed to the lot's zoning. R-1 through R-5: 4 ft max in the front yard. R-G: 4 ft. All other districts: 9 ft.
Height - Side/Rear
Not set by the cemetery chapter. R-1 through R-5: 6 ft max in side and rear yards. R-G: 8 ft. All other districts: 9 ft.
Height Notes
Chapter 16-20E sets no fence or wall height. The words fence and height do not appear anywhere in it. How height is measured: the vertical distance from the finished ground level, or from the top of a retaining wall, to the highest point of the fence. Second half of that same measurement rule: to the extent a retaining wall rises above the grade level of the surface it retains, that extra height counts toward the allowed height of any fence placed on top of it. Fences at the top of a retaining wall in R-1 through R-5: 4 ft max in the required front and half-depth front yards, 6 ft max in the required side and rear yards, at the top of one of the retaining walls the code permits. Greater height: the board of zoning adjustment may grant a special exception in any district. What the chapter regulates instead is material and workmanship. Repairs to walks, walls and drives must use matching materials, style and technique, and the finished work must be of a quality equal to the original and contiguous with the adjacent masonry. Atlanta's code counts a fence and a wall as structures, so erecting one in a landmark district needs a certificate of appropriateness. The 4 ft and 6 ft figures apply where no retaining wall is built.
Pool Fences
View Pool Fence Safety Requirements
Corner Lots
Within 20 ft of a street intersection: 2.5 ft max on any fence or wall in a dwelling district, measured from the grade at the intersecting street right-of-way lines. Visibility triangle at a street intersection: nothing may materially impede visibility between 2.5 ft and 8 ft above the grade of the adjoining sidewalk or right-of-way, inside the triangle bounded by the first 20 ft along each intersecting edge of the right-of-way and a line connecting their ends. Same kind of triangle where a driveway meets a street, measured 20 ft along each intersecting edge of the roadway and driveway. The Oakland Cemetery chapter adds no corner lot rule of its own. The yard along the second street is a half-depth front yard, so the 4 ft front yard limit applies there, not the 6 ft side limit.
Materials Allowed
The chapter limits construction materials within the cemetery to granite, marble, limestone, sandstone, molded concrete and brick. That limit sits under the chapter's landscaping criteria. The chapter does not say in words whether a metal fence is reached by that list. The Urban Design Commission applies these regulations and decides that on the certificate application. Repairs to walks, walls and drives must be done with matching materials, style and technique.
Materials Prohibited
Gravel, marble chips and granite dust are prohibited on grave surfaces. Hybrid and exotic tree and shrub species are prohibited. Atlanta's citywide ban applies: no part of any fence may contain barbed wire or razor wire along the public right-of-way, or along any private drive that services pedestrians.
Historic Districts
You are in the Oakland Cemetery Landmark District. These rules apply on top of Atlanta's citywide code.
Setbacks
The chapter sets no setback for a fence or a wall. Under Atlanta's citywide code, fences and walls may be permitted in any yard, subject to the height and sight distance requirements established by these or other regulations.
Design Requirements
Certificate of appropriateness: required for all rehabilitation, restoration and new construction in the district, and for any alteration to existing walks, walls or drives. Repairs must match the original in materials, style and technique. The final result must be of a quality equal to the original work and contiguous with adjacent masonry. The chapter's regulations are minimum standards which must be followed, and the Urban Design Commission applies them. The Secretary of the Interior's Standards for Historic Preservation Projects Part 1 are part of these regulations. The commission adopts and maintains its own guidelines that extend the intent of these regulations. The power to hear, grant or deny variances from these regulations rests with the commission.
Gates
The chapter sets no gate rule. Oakland Cemetery is Atlanta's oldest municipal cemetery, maintained by city parks and recreation personnel. The Urban Design Commission reviews the proposed location and design of gates, fences and railings to be erected or placed on land belonging to the city.
Floodplain Rules
The chapter sets no floodplain rule. Under Atlanta's flood area regulations a fence is an ancillary structure. Ancillary structures are not allowed in the floodway. Traditional floodplain area: an ancillary structure may be allowed if designed and constructed to minimize and mitigate impact on the floodplain, to let stormwater enter the floodway by sheet flow rather than channelized flow, and to result in no net loss in flood storage volume. Historically modified floodplain area: an ancillary structure may be allowed if designed and constructed to minimize and mitigate impact on that floodplain.
Color Restrictions
The chapter sets no color rule. Color is one of the compatibility factors the Urban Design Commission weighs on an application for a type II or type III certificate of appropriateness.
Source
Atlanta Code Ch. 16-20E (Secs. 16-20E.001, 16-20E.002); Secs. 16-20.007, 16-20.008, 16-20.009; Secs. 16-28.006(7), 16-28.008(5), 16-28.008(9); Sec. 16-29.001(22), (25); Sec. 6-4043(5); Secs. 74-203, 74-205.4, 74-206.4; Bldg. Code Amend. 103.4(f)
Notes
The Oakland Cemetery Landmark District is Atlanta's oldest municipal cemetery, governed by Chapter 16-20E of the zoning code. The chapter is written for work inside the cemetery, so it regulates materials and repair technique rather than yard fences, and it sets no height figure. Atlanta's citywide fence and wall heights fill that gap. All rehabilitation, restoration and new construction in the district needs a certificate of appropriateness from the Atlanta Urban Design Commission. No additional buildings are allowed in the cemetery.

Rules can vary within a jurisdiction. Historic districts and zoning overlays often have stricter requirements. Look up your exact address to confirm which rules apply to your property.

Other jurisdictions in Fulton County

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