Fence height rules in Malibu, California
In a required front yard, Malibu limits solid fences and walls to 42 inches, though see-through (open/permeable) fencing can go up to 6 feet. In interior side and rear yards the limit is 6 feet. Fences are prohibited within 5 feet of a building if they're flammable, and beachfront and bluff lots have extra limits.
| Max height, front yard (solid) | 42 inches [1] |
| Max height, front yard (open/permeable) | 6 feet [1] |
| Corner side yard | 42 in. within 5 ft of right-of-way; 6 ft beyond [2] |
| Max height, interior side and rear yards | 6 feet [3] |
| Retaining walls | 6 ft each, 12 ft combined, 3 ft apart [4] |
| Height measured from | Highest ground within 3 ft of either side [5] |
| Fencing enclosing over 1/2 acre | Must be open/permeable [6] |
| Sports court fencing | Max 12 feet [7] |
| Flammable fences near buildings | Prohibited within 5 feet [8] |
| Open/permeable fencing defined as | Transparent or 90% open to light and air [9] |
| Beachfront lots | Not seaward of the structure stringline [10] |
Height limits
These rules come from Malibu's Local Implementation Plan as of September 2020 (the Municipal Code wasn't available to us), so check for later changes. Malibu's fence rules are in the Local Coastal Program's Local Implementation Plan (LIP) §3.5.3(A) and apply in all zones:
- Front yard: fences and walls up to 42 inches, or up to 6 ft if the fencing is open/permeable and doesn't block views [1]. Open fencing means glass or plastic panels, or wrought iron or similar that is 90% open to light and air [9].
- Corner side yard: 42 inches within 5 ft of the right-of-way line, 6 ft farther back [2].
- Interior side and rear yards: 6 ft for fences, walls and hedges [3]. On the street side of a corner lot, corner-side-yard limits apply.
Height is measured at the highest ground level within 3 ft of either side, with up to 6 inches of variation allowed for slopes [5].
Retaining walls and special cases
- Retaining walls can be up to 6 ft each and 12 ft combined, at least 3 ft apart [4]. A 42-inch open safety fence is always allowed on top.
- Fencing that encloses more than half an acre of a residential lot must be open/permeable [6].
- Sports court fencing can't exceed 12 ft and should be see-through unless Site Plan Review approves otherwise [7].
- Hedges and flammable fences or walls can't be within 5 ft of a building, measured from eaves and balconies [8].
- On flag lots, the Director may allow 6-ft fences in any required yard through a modification.
Beachfront, bluff and scenic areas
On beachfront lots, fences can't extend seaward of the structure stringline, except 42-inch deck safety railings and transparent fencing such as plexiglass [10]. In scenic areas, fences and walls must not block views from scenic roads, parks and beaches.
Permits
Fences around an existing single-family home are generally exempt from a coastal development permit [11]. That exemption doesn't apply on a beach, in a wetland or habitat area, within 50 ft of a coastal bluff, or for significant fences between the sea and the first public road. Building-permit rules are in Municipal Code Title 15, which we couldn't review.
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Next steps
- Find your required front, side and rear yard lines and keep solid fences in the front yard to 42 inches (or use open fencing up to 6 ft).
- If your lot is on the beach, near a bluff, in a habitat area, or between the ocean and the first public road, ask the Planning Department (310-456-2489) whether you need a coastal development permit.
- Ask the Building Safety Division whether your fence or retaining wall needs a building permit, especially walls that retain soil.
- Keep any wood or other flammable fence at least 5 ft from your house, including eaves and balconies.
Common questions
- How tall can a fence be in Malibu, California?
- In a required front yard, solid fences and walls are limited to 42 inches, though open/permeable fencing can go up to 6 feet. In interior side and rear yards the limit is 6 feet. These rules come from Malibu's Local Implementation Plan as of September 2020, so check for later changes.
- What counts as an open fence in Malibu, California?
- Open/permeable fencing means glass or plastic panels, or wrought iron or similar that is 90% open to light and air. Fencing that encloses more than half an acre of a residential lot must be open/permeable.
- Do I need a permit for a fence in Malibu, California?
- Fences around an existing single-family home are generally exempt from a coastal development permit, except on a beach, in a wetland or habitat area, within 50 ft of a coastal bluff, or for significant fences between the sea and the first public road. Ask the Building Safety Division about building permits.
- Can I have a wood fence next to my house in Malibu, California?
- Not within 5 feet. Hedges and flammable fences or walls can't be within 5 feet of a building, measured from eaves and balconies.
- What are the beachfront fence rules in Malibu, California?
- On beachfront lots, fences can't extend seaward of the structure stringline, except 42-inch deck safety railings and transparent fencing such as plexiglass.
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
- LIP Sec. 3.5.3(A)(1), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 99
Front Yards: Fences and walls within a required front yard shall not exceed a height of forty-two (42) inches with the exception of open/permeable, non-view-obscuring fencing which may extend to a maximum height of six feet.
- LIP Sec. 3.5.3(A)(2), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 99
Corner Side Yards: Fences and walls within a required corner side yard shall not exceed forty- two (42) inches in height where closer than five feet to the right-of-way line, nor exceed six feet in height where five feet or more from said right-of-way line.
- LIP Sec. 3.5.3(A)(3), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 99
Interior Side and Rear Yards: Fences, walls and hedges forming a barrier and serving the same purpose as a fence or wall within a required interior side or rear yard shall not exceed six feet in height; provided, however, that on the street or highway side of a corner lot such hedge, fence or wall shall be subject to the same requirements as for a corner side yard.
- LIP Sec. 3.5.3(A)(4), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 99
Retaining Walls: Retaining walls shall not exceed six feet in height for any one wall, nor twelve (12) feet for any combination of walls (including required freeboard), and which shall be sepa- rated by at least three feet, are permitted in all yards.
- LIP Sec. 3.5.3(A)(7), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 100
The height of a fence or wall shall be measured at the highest ground level within three feet of either side of said wall or fence.
- LIP Sec. 3.5.3(A)(9), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 100
All fencing enclosing more than a half acre of a residentially zoned parcel shall be open/permeable, non-view-obscuring.
- LIP Sec. 3.5.3(A)(10), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 100
Such fencing, or other freestanding walls or fencing outside of the required yards, shall not ex- ceed twelve (12) feet in height.
- LIP Sec. 3.5.3(A)(11), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 100
Hedges and flammable fences and walls are prohibited within five feet of a building.
- LIP Sec. 2.1 (Definitions), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 32
OPEN/PERMEABLE, NON-VIEW OBSCURING - fencing constructed of material which is transparent, such as glass or plastic panels, or wrought iron or other solid material which is ninety percent (90%) open to light and air.
- LIP Sec. 3.6(G)(8), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 107
Fences. Fences, shall not project seaward of the structure stringline, with the exception of any re- quired safety railing around decks that is a maximum of 42 inches in height, and fencing con- structed of transparent material such as plexiglass.
- LIP Sec. 13.4.1(A), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 276
For purposes of this section, the terms “Improvements to existing single-family residences” includes all fixtures and struc- tures directly attached to the residence and those structures normally associated with a single family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory self-contained residential units.