Austin, TX

Backyard project rules in Austin

Austin publishes separate residential-review, exempt-work and fencing guidance. Use the project type and site constraints together: permit-exempt work can still be limited by zoning, floodplain, easements or other rules.

Written by DueRivaEditorial review: 2026-09-30Review standard

Local workflow

Start with the parcel, not the project photo

1. Classify the project

Start at Residential Plan Review and the city’s small-project guidance. Fence, uncovered deck, pool and structural work follow different review questions.

2. Test any exemption against site conditions

Austin’s exempt-work page distinguishes building-permit exemptions from other regulations. Flood-hazard and zoning conditions can change the path.

3. Use the dedicated fence guidance when relevant

For fencing, review height, location and special conditions through the city’s current fencing regulations instead of applying a Texas-wide assumption.

Questions to take to the department

Is this work exempt from a building permit, and what rules still apply?
Does the property have floodplain, environmental or zoning constraints?
Is the deck attached, covered or elevated?
Does a fence height or location trigger a dedicated review?

Eleven projects, in Austin’s own words

Fence

No permit: A fence up to 7 feet high, unless it is in a floodplain or stands more than 6 feet high along a public right-of-way other than an alley.
Permit: Above those limits it is filed as a small project. Along the right-of-way it also needs a letter of authorization, which takes a Board of Adjustment variance.
Fees: Small projects plan review$146.15
Austin fee schedule, FY 2026-27, effective October 1, 2026.

Deck

No permit: A deck of 200 square feet or less, no more than 30 inches above grade at any point, not attached to the house, not an exit from it, and not in a flood hazard area.
Permit: Otherwise it goes on the city's pool and uncovered deck form, for which the city lists a review time of 5 business days.
Fees: The fee schedule names no deck line; the city says fees depend on the scope of work.

Shed

No permit: A one-story detached building of 200 square feet or less and no more than 15 feet high, with no plumbing, not used as a dwelling and not in a flood hazard area.
Permit: A larger shed, or one with plumbing, goes on the new construction or addition form.
Fees: The fee schedule names no shed; plan review for new construction and additions is charged by square footage.

Patio

No permit: Concrete flatwork that is not in the public right-of-way.
Permit: On a lot with a septic system, adding a patio needs an on-site sewage facility review by Austin Water. The exempt list names no patio cover; its nearest line is a window awning that reaches no more than 54 inches from the wall and needs no support but the wall.
Fees: Exempt flatwork needs no building permit, so it carries no permit fee.

Driveway

No permit: A driveway on your lot, outside the public right-of-way.
Permit: The approach in the right-of-way is reviewed by Transportation and Public Works and inspected by the city.
Fees: Driveway and sidewalk review$220.00
Residential driveway inspection, base$577.51
Residential driveway inspection, per driveway$97.28
Austin fee schedule, FY 2026-27, effective October 1, 2026.

Pergola

Ask the city: Austin's exempt list names no pergola. A freestanding one would have to fit its line for a one-story detached accessory structure: no more than 200 square feet of floor area and 15 feet in height, without plumbing, not creating a dwelling, and outside flood hazard areas. Development Services decides whether it does.
Permit: No Austin residential permit form names a pergola either. Ask Development Services, at 512-978-4000, which path yours takes.

Retaining Wall

No permit: A retaining wall no more than 4 feet high, measured from the bottom of the footing to the top of the wall, that supports no surcharge and stands outside flood hazard areas.
Permit: Anything taller, loaded or in a flood hazard area needs a permit, and with no residential form named for retaining walls, Development Services (512-978-4000) says which one to file. Outside urban watersheds the city's environmental rules also cap cut and fill at 4 feet of depth, with listed exceptions.

Pool

No permit: A prefabricated pool less than 24 inches deep, and any pool made for above-ground use that can be taken apart and stored: the pool code's chapter on residential pools leaves those out, and Austin exempts whatever that chapter does not cover.
Permit: Any other pool, in the ground or permanently above it, is filed on the Pool/Uncovered Deck form as a small project and billed at the small-projects review rate.
Fees: Small projects plan review$146.15
Austin fee schedule, FY 2026-27, effective October 1, 2026.

Gazebo

Ask the city: Austin's exempt list names no gazebo. Its nearest line is the one-story detached accessory structure: up to 200 square feet of floor area and 15 feet high, with no plumbing, creating no dwelling and outside flood hazard areas. Development Services, at 512-978-4000, decides whether a gazebo fits it.
Permit: Past those limits a gazebo needs a permit, and so does hardwiring a fan or fixed lights into one: Austin's electrical exemptions stop at listed plug-in temporary decorative lighting and equipment under 25 volts that can supply no more than 50 watts.

Garage

No permit: Only a garage that fits the accessory-structure line: one story, 200 square feet of floor area or less and no more than 15 feet high, with no plumbing, not a dwelling and outside flood hazard areas. A 10-by-20-foot garage is already at that line.
Permit: A larger garage needs a permit. The city's residential forms name garage conversions but not new garages, so ask Development Services, at 512-978-4000, which form a new one takes; on a lot with a septic system, adding a garage also needs an on-site sewage facility review.

ADU

Permit: Always. An additional dwelling unit is permitted as new construction, after it gets an address of its own, on a lot zoned SF-1, SF-2 or SF-3 of at least 5,750 square feet; since the HOME amendments such a lot may hold up to three units. The residential code's fire separation table applies.
Fees: Plan review for new construction is charged by square footage, on the city's fee schedule.