Fence height rules in Lafayette, California
Lafayette's code has no stand-alone fence section; fences fall under the general rule for structures in a required front, side or rear yard, which caps them at 6 feet, measured on the tallest side from natural grade. On corner lots, fences and plantings in the 25-foot sight triangle at the intersection are limited to 2.5 feet above the curb.
| Max fence height in required yards | 6 feet [2] |
| How height is measured | Tallest side, natural grade to top [4] |
| Corner sight triangle | 2.5 ft above curb within 25 ft of the corner [5] |
| Taller fence | Variance required [6] |
| Fences in creek setback | Allowed [7] |
Height in required yards
Lafayette's code doesn't have a stand-alone fence section in the chapters we reviewed. Instead, fences fall under the general height limit for "structures" in required yards (Sec. 6-526): anything built in the required front setback, side yard or rear yard of the house can't exceed the listed limits [1], and for structures that limit is 6 feet [2]. A "structure" is anything constructed and permanently attached to land, other than a building; gateways are excluded from the definition [3], but the code's sight-obstruction rule expressly treats fences as structures [5]. Height is measured on the fence's tallest side, from natural grade to the top [4]. That means a fence on a slope or atop a retaining wall is measured from the low side.
Outside the required yards (for example, closer to the house), this 6-foot cap doesn't apply, but the zone's general height rules would. You can apply for a variance to exceed the limit [6].
Corner lots
On a corner lot, fences, gateways and plantings within a 25-foot sight triangle at the street intersection can't be taller than 2.5 feet above curb grade (or 3 feet above the edge of pavement) [5].
Creeks and hillsides
Fences are one of the few things allowed inside a creek setback area [7]. In the Hillside Overlay District, development needs a hillside development permit unless it doesn't require a building or grading permit [8]; open agricultural-style fences approved by the planning manager are exempt from ridgeline development restrictions [9].
What the code doesn't say
The sources we reviewed don't set a required setback from the property line, a finished-side rule, or materials standards, and don't say whether a building permit is needed. Building permits in Lafayette are handled by Contra Costa County, so confirm with them for taller fences or retaining walls.
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Next steps
- Measure where the fence will go relative to your house's required front, side and rear yards, and plan for 6 feet or less measured on the tallest side.
- On a corner lot, keep everything within the 25-foot sight triangle under 2.5 feet above the curb.
- If your lot is in the Hillside Overlay District, or you want a taller fence, contact Lafayette Planning & Building (see the city website) about a hillside development permit or variance.
- Ask the Contra Costa County Building Inspection Department (Lamorinda office; see the county website) whether your fence or any retaining wall needs a building permit.
Common questions
- How tall can a fence be in Lafayette, California?
- Lafayette's code has no stand-alone fence section. Fences fall under the general rule for structures in a required front, side or rear yard, which caps them at 6 feet, measured on the tallest side from natural grade.
- Can I build a fence taller than 6 feet in Lafayette, California?
- A variance is required for a taller fence.
- What is the fence limit on a corner lot in Lafayette, California?
- Fences and plantings in the 25-foot sight triangle at the intersection are limited to 2.5 feet above the curb.
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. 6-526(a) Height limitations in required yards, Municipal Code Title 6 Ch. 6-5 General Provisions (Art. 3 Accessory Dwelling Units; Art. 6 Small Farm Animals; 6-511 sight obstructions; 6-517/6-526 accessory structures in yards; 6-523/6-524 livestock and animal structures)
Accessory buildings, as defined in Section 6-302 of this title, and structures, as defined in Section 6-355 of this title, shall not exceed the following height limits, if constructed in the required setback (front yard), side yard or rear yard which is applicable to the main building or principal structure on the lot:
- Sec. 6-526(a)(1)-(2), Municipal Code Title 6 Ch. 6-5 General Provisions (Art. 3 Accessory Dwelling Units; Art. 6 Small Farm Animals; 6-511 sight obstructions; 6-517/6-526 accessory structures in yards; 6-523/6-524 livestock and animal structures)
Accessory buildings, 12 feet; (2) Structures, six feet.
- Sec. 6-355 Structure, Municipal Code Title 6 Ch. 6-3 Definitions (6-327 Home occupation)
"Structure" means anything constructed or erected and permanently attached to land, except (a) a building as defined in Section 6-312 of this title; and (b) sidewalks, gateways, pipes, meters, meter boxes, manholes, mailboxes, poles and wires, and appurtenant parts of all devices for the transmission and transportation of electricity and gas for light, heat or power, devices for the transmission of telephone and telegraphic messages, and devices for the transportation of water.
- Sec. 6-526(b), Municipal Code Title 6 Ch. 6-5 General Provisions (Art. 3 Accessory Dwelling Units; Art. 6 Small Farm Animals; 6-511 sight obstructions; 6-517/6-526 accessory structures in yards; 6-523/6-524 livestock and animal structures)
For the purpose of this section, the height of a structure shall be determined by measurement on its tallest side between natural grade and its highest part; and the height of an accessory building shall be determined as provided in Section 6-313 of this title.
- Sec. 6-511(a) Sight obstructions at intersections, Municipal Code Title 6 Ch. 6-5 General Provisions (Art. 3 Accessory Dwelling Units; Art. 6 Small Farm Animals; 6-511 sight obstructions; 6-517/6-526 accessory structures in yards; 6-523/6-524 livestock and animal structures)
No structure (including but not limited to fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road or street with another state highway, public road or street shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet back from the point of their intersection, or, in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on said tangents 25 feet back from the point of their intersection.
- Sec. 6-526(c), Municipal Code Title 6 Ch. 6-5 General Provisions (Art. 3 Accessory Dwelling Units; Art. 6 Small Farm Animals; 6-511 sight obstructions; 6-517/6-526 accessory structures in yards; 6-523/6-524 livestock and animal structures)
Variance permits to modify the provisions of this section may be granted in accordance with the applicable provisions of Chapter 6-1 of this title.
- Sec. 6-1841(c) Creek setback, Municipal Code Title 6 Ch. 6-18 Flood Damage Prevention (Art. 5 Creek Setback Requirements, 6-1841 setback formula)
No structure other than fences, pervious surfaces, public access paths, trails, bioretention basins, bioswales, and drainage and erosion protection improvements may be constructed within the setback area.
- Sec. 6-2015(a) Hillside development permit required, Municipal Code Title 6 Ch. 6-20 Hillside Development
Development within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.), except when: (1) The construction does not require a building or grading permit; or
- Sec. 6-2025(b), Municipal Code Title 6 Ch. 6-20 Hillside Development
A fence of an open agricultural nature approved by the manager;