Fence height rules in Morro Bay, California
In Morro Bay, fences in the required front and corner-side setbacks can be 3 feet high if solid or 4 feet if at least half open (4 and 5 feet north of Alva Paul Creek and east of Highway One). Elsewhere on the lot the limit is 6 feet 6 inches. Chain-link isn't allowed in residential districts.
| Max height, solid fence in front/corner-side setback | 3 ft (4 ft north of Alva Paul Creek and east of Hwy 1) [1] |
| Max height, open fence (50%+ open) in front/corner-side setback | 4 ft (5 ft north of Alva Paul Creek and east of Hwy 1) [2] |
| Max height outside front/corner-side setbacks | 6 ft 6 in [3] |
| Extra height for safety/security | Up to 2 ft more with zoning clearance [4] |
| Corner-lot sight triangle | 10 ft along each street, clear from 3 to 7 ft high [5] |
| Chain-link in residential districts | Not permitted [6] |
| Parallel fences | At least 3 ft apart, landscaped between [8] |
Height limits
Morro Bay's fence rules (Sec. 17.23.060) apply to fences, walls, dense hedges and similar structures. Within the required front and corner side setback, a solid fence, wall or dense hedge can be at most 3 feet high, or 4 feet on parcels north of Alva Paul Creek and east of Highway One [1]. A fence with at least 50% of its surface open to air and light can be 4 feet high there, or 5 feet in that northern area [2]. Fences that already existed when Ordinance 662 was adopted (December 2023) are legal non-conforming up to 6.5 feet [1].
Outside the front and corner side setbacks (typical side and rear property lines), the limit is 6 feet 6 inches [3]. The director can approve up to 2 more feet with zoning clearance for safety or security reasons [4]. One entry gateway or trellis up to 10 feet is allowed in the front yard.
Corner lots
On a corner lot, keep a triangle at the street corner, with sides at least 10 feet along each street, clear of visual obstructions between 3 and 7 feet high [5]. The city engineer can require a larger triangle.
Materials
Barbed wire, razor wire, electrified and other hazardous fencing is not permitted unless another law requires it. Chain-link is not allowed in residential districts. Plain concrete block must be finished with stucco and a decorative cap [6]. All fences must be kept in a safe, neat and orderly condition.
Double fences
Fences parallel to or within 45 degrees of another must be at least 3 feet apart, with the space between landscaped [8].
Coastal permits
Morro Bay is in the coastal zone. Fences for an existing single-family home are generally exempt from a coastal development permit [7], but not on a beach, in a wetland or sensitive habitat, in a designated highly scenic area, or within 50 feet of a bluff edge. In appealable areas, a significant non-attached structure such as a fence also loses the exemption.
Permits
The sources we reviewed don't list a building permit threshold for fences. Ask the Building Division before building a tall fence or retaining wall.
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Next steps
- Find your required front and corner side setbacks (they vary by district and lot size) and whether your parcel is north of Alva Paul Creek and east of Highway One.
- On a corner lot, keep the 10-foot sight triangle clear between 3 and 7 feet high.
- Ask the Community Development Department (955 Shasta Avenue, 805-772-6267) whether you need zoning clearance, a building permit or a coastal development permit, especially near a bluff, beach, wetland or scenic area.
- If you need extra height for safety or security, request zoning clearance approval from the director (up to 2 additional feet).
Common questions
- How tall can a fence be in Morro Bay, California?
- In the required front and corner-side setbacks, a solid fence can be 3 feet high, or 4 feet if at least half open (4 and 5 feet north of Alva Paul Creek and east of Highway One). Elsewhere on the lot the limit is 6 feet 6 inches.
- Can I build a taller fence for security in Morro Bay, California?
- Yes, the director can approve up to 2 more feet with zoning clearance for safety or security reasons.
- Is chain-link fencing allowed in Morro Bay, California?
- No, chain-link isn't allowed in residential districts. Barbed wire, razor wire and electrified fencing aren't permitted unless another law requires it, and plain concrete block must be finished with stucco and a decorative cap.
- What are the corner lot fence rules in Morro Bay, California?
- On a corner lot, keep a triangle at the street corner, with sides at least 10 feet along each street, clear of visual obstructions between 3 and 7 feet high. The city engineer can require a larger triangle.
- Do I need a coastal permit for a fence in Morro Bay, California?
- Generally no for an existing single-family home, but the exemption doesn't apply on a beach, in a wetland or sensitive habitat, in a highly scenic area, or within 50 feet of a bluff edge. The sources don't list a building permit threshold for fences.
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. 17.23.060(A)(1)(a), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
Solid fences, walls, dense hedges, and similar structures may be a maximum of three feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where solid fences, walls, dense hedges, and similar structures may be a maximum of four feet. Fence heights in existence as of date of adoption of Ordinance 662 shall be considered legal, non-conforming and allowed to remain to the maximum height of six and one-half feet.
- Sec. 17.23.060(A)(1)(b), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
Fences, walls, hedges, and similar structures with fifty percent or more of the surface open to the passage of air and light may be a maximum of four feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where such open fences, walls, dense hedges, and similar structures may be a maximum of five feet.
- Sec. 17.23.060(A)(2), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
Fences, walls, dense hedges, and similar structures located outside the required front and corner side setback areas may be a maximum of six feet, six inches high.
- Sec. 17.23.060(A)(4), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
The director may allow additional height, up to two feet with zoning clearance approval, where the location or characteristics of the site warrant additional height for safety or security purposes.
- Sec. 17.23.180(A)-(B), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
On any corner lot, there shall be a triangular area at the corner of the property at the intersection of the streets, which shall be kept clear of visual obstructions from the height of three to seven feet. B. Such triangular area shall have sides which extend a minimum of ten feet along each street; provided, that the city engineer may require a larger triangular area if deemed necessary due to topography, curving rights-of-way or any other factor.
- Sec. 17.23.060(D)(2), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
Chain-link fencing is not permitted in residential districts.
- Sec. 17.39.020(A), Municipal Code Title 17 Ch. 17.39 Coastal Development Permits (IP), p. 1
Improvements to an existing single-family residence, including fixtures and structures directly attached to a residence, landscaping, and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds.
- Sec. 17.23.060(B), Municipal Code Title 17 Ch. 17.23 General Site Regulations (17.23.020 accessory structures; 17.23.050 setback encroachments; 17.23.060 fences and freestanding walls; 17.23.160 swimming pools and spas), p. 1
Fences, walls, and similar structures located parallel to or within forty-five degrees of another shall be located a minimum of three feet apart. The area between the fences, walls, or similar structures shall be landscaped.