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Council split over $50 fence-permit proposal for new opaque privacy fences
Summary
An ordinance to require permits for new permanent opaque fences in Nashville prompted lengthy debate over enforcement, property surveys and whether a $50 permit would prevent boundary disputes; the vote was recorded as 3 in favor, 3 against and 2 abstentions.
Council members debated an ordinance that would require permits for new permanent opaque (privacy) fences in Nashville and Davidson County.
Sponsor testimony described hundreds of fence violations and argued a modest permit fee (discussed at roughly $50) would allow homeowners to submit a site plan and sign an affidavit explaining compliance with setback and materials rules, avoiding expensive Board of Zoning Appeals (BZA) variance proceedings that can cost about $500.
Opponents questioned whether the $50 permit would prevent property-line disputes, whether the city could meaningfully verify plans without an as-built survey, and whether the change would simply add bureaucracy without stopping willful noncompliance. One staff member explained that if a neighbor files a complaint the department can request an as-built survey and pursue enforcement, but the immediate effect of a permit is limited.
"You submit a site plan showing us where it's gonna be and you sign an affidavit saying that you have... shown you what the regulations are and that you're going to just like when you build a garage and you sign the affidavit," an official explained during debate. Several members noted existing enforcement fines are tied to a constitutional $50-per-day limit and that removing noncompliant fences often requires court action.
The body recorded the final tally as 3 in favor, 3 opposed and 2 abstentions in the transcript; no majority adoption was recorded at the close of the meeting.
The discussion flagged practical questions about verification, contractor responsibility, stormwater and sight-line reviews and whether the permit would truly reduce the number of cases that must go to the BZA.
