Fence height rules in Hillsborough, California
Fences along a street are normally limited to 6 feet, and up to 8 feet only with design review. Any fence in the street setback or over 6 feet needs design review, and any fence over 3 feet needs a building permit. Fences can't go in the town right-of-way, and corner lots must keep a 40-foot sight triangle clear above 2.5 feet.
| Standard height in street setback | 6 feet [1] |
| Absolute max (street setback/right-of-way) | 8 feet, with design review [2] |
| Design review trigger | Any fence in a street setback, or over 6 ft anywhere [4] |
| Building permit | Required for fences over 3 ft [5] |
| Corner sight triangle | 40 ft along each line; max 2.5 ft [6] |
| Over a utility easement | Max 7 ft [8] |
| Driveway gate setback | 15 ft from street pavement [10] |
Height limits
Along a street (within the street-line setback, usually 25-30 feet from the street line), the standard fence height is 6 feet; up to 8 feet is possible but needs design review and a neighborhood compatibility finding [1]. The code caps any fence, wall, gate or column in that street setback or in the right-of-way at 8 feet, measured from existing grade at the property line or the street pavement, whichever is higher [2]. Elsewhere on the lot the code sets no separate lower limit, but any fence over 6 feet anywhere needs design review [4]. A fence over a public utility easement can't exceed 7 feet [8].
Design review and permits
Fencing is listed among exterior changes that need design review, by the ADRB or staff for minor projects [11]. Design review is specifically required for any fence in a setback that abuts a street [3]. A building permit is required for any fence over 3 feet (or any fixture in the right-of-way) [5], which is stricter than the state's 7-foot exemption. Like-for-like replacement of an existing street fence (same design, materials, height and location) skips design review but still needs a building permit [9], and the replacement must be on private property, not in the right-of-way.
Location
No part of a fence may sit in the town right-of-way without City Council approval [7]. Driveway gates must be set back at least 15 feet from the street pavement [10], and posts or walls on either side of a driveway must be at least 14 feet apart.
Corner lots
At intersections, nothing taller than 2.5 feet may be placed in a sight triangle formed by 40 feet along each property line from the corner [6]. Hedges within 25 feet of the street centerline are limited to 4 feet. Barbed-wire and similar fences can be abated as nuisances.
See how Hillsborough compares with 8+ other California towns on fences →
Next steps
- Get a survey so the fence is fully on private property, outside the right-of-way and corner sight triangle.
- For a new street-frontage fence or any fence over 6 ft, apply for design review with the Planning Division ((650) 375-7422) before seeking a building permit.
- Apply for a building permit with the Building Division ((650) 375-7411) for any fence over 3 ft; for replacements include a photo of the existing fence, a dimensioned site plan and a footing section.
- Plan landscaping in front of street-facing fences, which the town requires.
Common questions
- How tall can a fence be in Hillsborough, California?
- Fences along a street are normally limited to 6 feet, and up to 8 feet only with design review. Any fence in the street setback or over 6 feet needs design review.
- Do I need a permit for a fence in Hillsborough, California?
- Yes, for any fence over 3 feet, you need a building permit. Fences in a street setback or over 6 feet also need design review.
- What is the corner lot fence rule in Hillsborough, California?
- Corner lots must keep a 40-foot sight triangle clear above 2.5 feet. Fences can't go in the town right-of-way.
- How tall can a fence be over a utility easement in Hillsborough, California?
- A fence over a utility easement can be a maximum of 7 ft.
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
- Fences, Columns, etc., Development Standards - Annotated Excerpts from the Zoning Ordinance (Revised July 2026), p. 8
The standard allowable height of any fence, gate, column, pillar, post, light post, or similar lighting standard fixtures located within the street or street line setback area is 6 feet. The maximum allowable height is 8 feet, but is subject to design review and neighborhood compatibility.
- Sec. 12.12.050(B), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
The maximum height limit of any outdoor fixture (whether new or existing/to be modified) located within the right-of-way or within the setback area which abuts a public street is eight feet above existing grade at the property line or the pavement grade of the street, whichever is higher;
- Sec. 12.12.040, Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
Any outdoor fixture located or to be located within a setback which abuts a public street;
- Sec. 12.12.040(C), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
Any outdoor fixture over six feet in height (except flag poles) regardless of location.
- Sec. 12.12.020(A)(4), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
(No building permit shall be required for an outdoor fixture not within the right-of-way and of a height of three feet or less.)
- Sec. 12.08.010(B), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
The triangular area is that area bounded on two sides by forty feet of the property lines abutting the street, as measured from the intersection of the property lines, and on the third side by a line connecting the property lines at points forty feet from their intersection, as illustrated in the following diagram:
- Sec. 12.12.030(A), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
Except as authorized by the city council pursuant to this section, no portion of any outdoor fixture shall be located within the right-of-way.
- Sec. 17.24.010(C), Municipal Code Title 17 Ch. 17.24 Required Setback Areas, p. 1
No structure shall be located over a public utility easement except that a fence not over seven feet high may be so located, and, if the entity owning the easement has given prior written approval, a retaining wall not over four and one-half feet high may be so located.
- "Replacement" Fencing Along a Street, "Replacement" Fencing Along a Street (Planning handout), p. 1
Replacing existing fencing along a street does not require design review. “Replacement” means the same design, the same materials, the same height, the same location. Replacement fencing requires a Building Permit.
- Sec. 12.12.050(D), Municipal Code Title 12 Ch. 12.12 Outdoor Fixtures (Fences, Walls, Gates, etc.) (with Ch. 12.08 Visibility), p. 1
In order to allow a vehicle to pull safely off the street in front of a gate, driveway gates shall be set back at least fifteen feet from the edge of the pavement of the street, or set back at such lesser distance as approved by the city engineer based on the circumstances of the particular case.
- Development Standards (introduction), Development Standards - Annotated Excerpts from the Zoning Ordinance (Revised July 2026), p. 2
All exterior changes are subject to Design Review approval (including re-roofing, landscape installations, color or material changes, fencing, additions, and other new construction), either by the Town’s Architecture and Design Review Board (ADRB) or by Planning Staff (for minor projects only).