Fence height rules in Del Mar, California
In Del Mar's residential zones, fences in the rear yard or interior side yard can be up to 6 feet tall. In the front yard or a street-side yard the limit is 3.5 feet at the property line, rising 6 inches for every 2 feet of setback, up to 6 feet. On coastal bluff lots, new fences must be at least 10 feet back from the bluff edge.
| Max height (front or street-side yard, at property line) | 3.5 feet [1] |
| Front/street-side step-up | +6 inches per 2 ft of setback, max 6 ft [1] |
| Max height (rear or interior side yard) | 6 feet [2] |
| Within the buildable area | As high as the building [3] |
| Height measured from | Lower of natural or finished grade, on the outside face [4] |
| Retaining fence over 3 ft of earth | Engineer/architect design; max 1 ft above retained material [5] |
| Entry trellis in front setback | Up to 10 ft tall, 8 ft wide, 5 ft deep [6] |
| Coastal bluff setback for fences | 10 feet from bluff top edge [7] |
| Location in yards | Fences may be placed in required yards [8] |
Height limits in residential zones
- Front yard and street-side yard: 3.5 ft at the property line. For every 2 ft you set the fence back, it can be 6 inches taller, up to 6 ft [1]. For example, a fence 4 ft back from the front line can be 4.5 ft tall.
- Rear and interior side yards: up to 6 ft [2].
- Inside the buildable area (outside the required setbacks): as high as the building [3].
Height is measured from the lower of the natural or finished grade, on the outside face of the fence, meaning the side facing neighbors or the street [4]. Fences and walls may sit in required yards [8], so no setback from the property line is required.
Retaining walls and entry features
A fence that retains more than 3 ft of earth must be designed or approved by a registered engineer or architect, and can't extend more than 1 ft above the retained material [5]. One open trellis-style entry structure per street frontage can go in a front or street-side setback, up to 10 ft high, 8 ft wide and 5 ft deep and at least 50% open [6]. It needs approval from the Planning & Community Development Director.
Corners and sight lines
No structure or plant may materially block drivers' views within 20 ft of the intersection of arterial or arterial-collector streets.
Coastal and hillside lots
The whole city is in the Coastal Zone. Fences around a single-family home are generally exempt from a Coastal Development Permit, except on a beach, near a bluff edge, near wetlands, or in the CDP appeals area. In the Coastal Bluff Overlay Zone, new fences must be at least 10 ft from the bluff top edge, built mostly above grade with lightweight materials and no continuous foundation [7]. Projects there generally also need a Conditional Use Permit.
Permits
The fence section refers to a review process but doesn't set a permit threshold. Design Review (Chapter 23.08) wasn't among the sources reviewed, so ask Planning whether your fence needs Design Review or a building permit.
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Next steps
- Measure your front and street-side setback lines; at the property line keep front fences to 3.5 ft, adding 6 inches of height per 2 ft of setback (6 ft max).
- Ask the Planning & Community Development Department (858-375-9516, City Hall, 1050 Camino del Mar) whether your fence needs Design Review or a Coastal Development Permit, especially in a bluff, lagoon or appeals-area overlay.
- Hire an engineer or architect for any fence that retains more than 3 ft of soil, and get a building permit for it.
- Get Director approval before building an entry trellis in a front or street-side setback.
Common questions
- How tall can a fence be in Del Mar, California?
- In residential zones, fences in the rear yard or interior side yard can be up to 6 feet tall.
- How tall can a front yard fence be in Del Mar, California?
- The limit is 3.5 feet at the property line in the front yard or a street-side yard, rising 6 inches for every 2 feet of setback, up to 6 feet.
- How close to a coastal bluff can I build a fence in Del Mar, California?
- New fences must be at least 10 feet back from the bluff edge on coastal bluff lots.
California state rules on fences
Fence height, location and design are mostly set by your city or county zoning code. A few state rules apply everywhere:
- Building permit: the California Residential Code (R105.2) exempts fences up to 7 feet high from a building permit. Pool barriers are not exempt. Zoning height limits still apply, and many cities cap front-yard fences well below 7 feet. Some cities have amended the exemption.
- Spite fences: under Civil Code §841.4, a fence or fence-like structure that unnecessarily exceeds 10 feet and is maliciously put up or kept to annoy a neighbor is a private nuisance. The neighbor can sue to have it removed.
- Good Neighbor Fence Act (Civil Code §841): since January 1, 2014, neighbors are presumed to share equally the reasonable cost of building, maintaining or replacing a fence between their properties, unless they agree otherwise in writing.
- Before spending money on a shared fence, you must give each neighbor 30 days' written notice. The notice must describe the problem, the proposed fix, the estimated cost, how costs would be shared, and the timeline.
- A neighbor can overcome the presumption in court by showing equal sharing would be unjust, for example because of financial hardship or costs driven by the other owner's aesthetic preferences.
- Pool fences must meet the Swimming Pool Safety Act's barrier standards when used as the pool enclosure (see Pools).
- Coastal zone: a new fence may need a coastal development permit, depending on the local coastal program.
What the ordinance says
- Sec. 30.86.090(A)(1), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
Fences and gates located within the required front yard or side yard abutting a street shall not exceed the height of three and one-half feet, except that for every two feet that a fence or wall is set back from the property line, its height may be increased by six inches, not to exceed a height of six feet, zero inches.
- Sec. 30.86.090(A)(2), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
Fences within the rear yard or interior side yard shall not exceed a total height of six feet, zero inches.
- Sec. 30.86.090(A)(3), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
Fences constructed within the building area may be as high as the building within said area.
- Sec. 30.86.090(D), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
For purposes of this Section, fence height herein shall be calculated as the vertical distance between the elevation at the top of the fence and the elevation of the lower of the natural or finished adjacent grade when measured from the exterior facade(s) of such fence at any point. The exterior facade shall be considered to be that side of a fence which faces and is closest to adjacent properties and public rights-of-way.
- Sec. 30.86.090(C), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
The construction of any fence retaining more than three feet of earth or similar materials shall be designed or approved by a registered, professional civil or structural engineer or a registered architect, and/or otherwise conform to County specifications. A fence serving as a retaining wall shall not extend more than one foot above the material retained.
- Sec. 30.86.090(A)(4), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
Notwithstanding other provisions of this Code, an entryway structure consisting of open work, such as a trellis, may be located within a required front or street side yard setback, provided such structure does not exceed the following maximum dimensions:
- Sec. 30.55.080(B), Municipal Code Chapter 30.55 - Coastal Bluff Overlay Zone, p. 1
All new fences, windscreens, and benches shall be set back a minimum of ten feet from the top edge of the coastal bluff as defined in this Chapter.
- Sec. 30.86.200(M)(1), Municipal Code Chapter 30.86 - Supplemental Regulations (animals, fences/retaining walls, swimming pools, temporary structures, yards), p. 1
Fences and walls as specified and limited under this Chapter may project into the yards otherwise required by this Chapter;