Fence height rules in Newport Beach, California
In Newport Beach's coastal zone, fences, walls and hedges can be up to 42 inches tall in the front setback and up to 6 feet in rear and interior side setbacks of residential lots. Waterfront setbacks are capped at 42 inches (Balboa Island bay fronts follow a 5-foot open-top rule), corner sight triangles at 30 inches, and barbed wire and electric fences aren't allowed in residential areas.
| Max height, front setback | 42 inches (5 feet in some older neighborhoods if the part above 2 feet is at least 40% open) [1] |
| Max height, rear and interior side setbacks | 6 feet (residential) [1] |
| Waterfront setbacks (bay, ocean, Oxbow Loop, West Newport channels) | 42 inches from existing grade (Balboa Island and Little Balboa Island bay-front setbacks follow the special-area rule instead) [7] |
| 5-foot front fence areas | Balboa Peninsula, Balboa Island, Corona del Mar, West Newport and parts of Little Balboa Island [2] |
| Corner sight triangle | 30 inches max for fences and walls; hedges 24 inches [5] |
| Height measured from | Existing grade before construction [3] |
| Prohibited materials (residential) | Barbed wire, electric fences, razor wire [4] |
Height limits
The Local Coastal Program Implementation Plan (Title 21), which covers Newport Beach's coastal zone, caps fences, hedges and walls at 42 inches in front setback areas and 6 feet in rear and interior side setback areas of residential districts. In setbacks next to the bay, the ocean, the Oxbow Loop or the West Newport channels, the limit is 42 inches from the existing grade, except that bay-front setbacks on Balboa Island and Little Balboa Island follow the special-area rule below [7]. The city can deny a fence or require a lower one where it would block public coastal views or access.
In front setbacks on the Balboa Peninsula, Balboa Island, Corona del Mar, West Newport and parts of Little Balboa Island, fences and walls may reach 5 feet if at least 40% of the part above 2 feet is open (wrought iron, pickets, lattice, Plexiglas or similar) [2]. Height is measured from the existing grade before construction at the fence location [3].
Exceptions
Where a lot sits more than 24 inches above the sidewalk, stepped retaining walls (24 inches at the property line, then up to 36 inches each, 24 inches apart) and a 42-inch open guardrail are allowed. Decorative caps and lights may rise 12 inches above the limit. Residential side yards next to commercial districts or commercial alleys may have 8-foot fences or walls. Retaining walls are capped at 8 feet. Pool fencing in front setbacks may exceed the limit if it is at least 40% open or glass and no taller than needed for safety.
Corners and materials
On corner lots, fences and walls in the traffic safety visibility triangle can't exceed 30 inches, and hedges must stay at 24 inches or less [5]. Barbed wire, electrical fences and razor wire are not allowed in residential coastal districts [4].
Outside the coastal zone
Inland areas follow Title 20, Section 20.30.040. Our copy of Title 20 is the 2010 adopted version, which has the same 42-inch front and 6-foot side and rear limits [6], but it may have been amended since. The coastal chapter we have has no amendment date printed, so confirm current limits with the Planning Division. Our sources don't say which fences or walls need a building permit; ask the Building Division.
See how Newport Beach compares with 8+ other California towns on fences →
Next steps
- Ask the Planning Division whether your lot is in the coastal zone (Title 21) or inland (Title 20), and whether it's in a 5-foot front fence area or on the waterfront.
- Measure from existing grade at the fence line and keep the front fence to 42 inches (or 5 feet with the top part at least 40% open where allowed).
- On a corner lot, keep everything in the sight triangle at 30 inches or less (hedges 24 inches).
- Check with the Building Division whether your fence or retaining wall needs a building permit, especially for walls over 8 feet or pool barriers.
Common questions
- How tall can a fence be in Newport Beach, California?
- It depends on the location. In the coastal zone, residential fences, walls and hedges can be up to 42 inches in the front setback and 6 feet in rear and interior side setbacks. Inland areas follow Title 20, whose 2010 version has the same limits but may have been amended, so confirm with the Planning Division.
- Can I have a 5-foot front yard fence in Newport Beach, California?
- Yes, in some neighborhoods. On the Balboa Peninsula, Balboa Island, Corona del Mar, West Newport and parts of Little Balboa Island, front fences and walls may reach 5 feet if at least 40% of the part above 2 feet is open, such as wrought iron, pickets or lattice.
- What is the fence height limit on a corner lot in Newport Beach, California?
- On corner lots, fences and walls in the traffic safety visibility triangle can't exceed 30 inches, and hedges must stay at 24 inches or less.
- Are barbed wire and electric fences allowed in Newport Beach, California?
- No. Barbed wire, electric fences and razor wire are not allowed in Newport Beach's residential coastal districts.
- Do I need a permit for a fence in Newport Beach, California?
- It's unclear from the city's zoning rules, which don't say which fences or walls need a building permit. Ask the Building Division, especially for retaining walls or pool barriers.
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. 21.30.040(A)(1), Table 21.30-1, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 17
Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial coastal zoning districts.
- Sec. 21.30.040(B) Special Area Regulations, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 17
In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open.
- Sec. 21.30.040(D) Measurement of Fence or Wall Height, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 19
The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located.
- Sec. 21.30.040(E) Prohibited Fence Materials, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 20
Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential coastal zoning districts.
- Sec. 21.30.130(D) Height Limit, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 48
1. Fences, walls, signs, accessory structures, mounds of earth, or other visual obstructions shall not extend above thirty (30) inches in height as measured from adjacent finished grade; 2. Hedges, shrubbery, and vegetation shall be maintained to a height of twenty-four (24) inches or less as measured from adjacent finished grade;
- Sec. 20.30.040(A)(1), Table 3-1 (2010), Zoning Code Title 20 (complete, as adopted October 26, 2010), p. 100
Front setback areas. 42 inches. See Subsection B, below. Rear and interior side setback areas. 6 feet in residential and commercial zoning districts.
- Sec. 21.30.040(A)(1), Table 21.30-1 (waterfront row), LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 17
Setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. 42 inches from existing grade prior to construction. Setback areas on Balboa Island and Little Balboa Island that are abutting or adjacent to Newport Bay are regulated by subsection (B) of this section.