Fence height rules in Orinda, California
Yes. In Orinda's residential zones a fence can be up to 6 feet tall anywhere on the lot, but within 5 feet of a street-facing property line it must be open (lattice or wrought iron) and no taller than 4 feet. A fence on top of a retaining wall counts toward the wall's height limit (4 feet within 10 feet of a property line or in the setback). The City says new and rebuilt fences don't need Planning Department approval; taller fences need an exception permit.
| Max fence height (any location) | 6 feet [1] |
| Within 5 ft of a street property line | 4 feet max, open material only (lattice, wrought iron) [1] |
| Retaining wall near property line | 4 feet max within 10 ft of a property line or in the required setback; 8 feet elsewhere [2] |
| Fence on top of a retaining wall | Combined height measured from the unretained ground on the outside face [3] |
| Fence on a retaining wall (combined height) | Must meet the retaining wall limits: 4 ft within 10 ft of a property line or in the setback, 8 ft elsewhere [8] |
| Sports court fence in setback | Up to 12 feet [4] |
| Planning approval | Not required for new and reconstructed fences [7] |
| Taller fence | Exception permit required [6] |
Height limits
Fences are allowed in every residential district. No fence may be taller than 6 feet in any location, except sports court fences and minor variations for terrain [1]. A fence within 5 feet of a property line or right-of-way boundary on a street must be built entirely of an open material, such as lattice or wrought iron, and can't exceed 4 feet [1]. A solid or partly solid fence in those setback areas also needs landscaping, which the code covers in Section 17.17.1. The City's code enforcement page summarizes this: fences more than 5 feet back from the front property line can be up to 6 feet tall, solid, and screened with landscaping [5].
How height is measured
Height is measured from where the posts meet the ground on the lowest side to the top of the fence. A fence on top of a retaining wall is measured as one structure from the unretained ground on the outside face [3]. Retaining walls are limited to 4 feet within 10 feet of a property line or in the required setback, whichever is greater, and 8 feet elsewhere [2]. A fence built on a retaining wall must, combined with the wall, meet those retaining wall limits [8], so a fence on a wall near a property line is usually limited to 4 feet total. Walls and fences less than 4 feet apart count as a single structure. A sports court fence within the setback can be up to 12 feet [4].
Corner lots and the street
Fences can be further limited for vehicle sight distance or right-of-way needs, and the code's Section 17.15.4 sets minimum clearance at intersections only through a graphic, which isn't in our text, so ask the Planning Department about corner lots. Fences can't go in the public right-of-way without a revocable encroachment agreement. Because the right-of-way is often wider than the pavement, you may need a property line survey.
Permits and exceptions
The City says Planning Department approval is not required for new and reconstructed fences that meet these rules [7]. A fence taller than allowed can be approved through an exception permit, which must be obtained before a building permit [6]. Pool fences have separate requirements (see Pools).
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Next steps
- Find your street-facing property lines (a survey may be needed, since the right-of-way is often wider than the pavement).
- Keep any fence within 5 feet of a street property line open and no taller than 4 feet; elsewhere stay at or under 6 feet and add landscaping for solid fences near the street.
- If you want a taller fence or a retaining wall over the limits, apply to the Orinda Planning Department (925-253-4210) for an exception permit before building.
- For any fence in the public right-of-way, get a revocable encroachment agreement from Orinda Public Works first.
Common questions
- How tall can a fence be in Orinda, California?
- In Orinda's residential zones a fence can be up to 6 feet tall anywhere on the lot, except sports court fences and minor variations for terrain. A taller fence needs an exception permit before a building permit.
- How tall can a front yard fence be in Orinda, California?
- Within 5 feet of a street-facing property line, a fence must be entirely open material, such as lattice or wrought iron, and no taller than 4 feet. Farther back it can be up to 6 feet, solid, and screened with landscaping.
- Do I need a permit for a fence in Orinda, California?
- No Planning Department approval is required for new and reconstructed fences that meet the rules. A fence taller than allowed needs an exception permit, and a fence in the public right-of-way needs a revocable encroachment agreement.
- Can I put a fence on top of a retaining wall in Orinda, California?
- Yes, but the fence and wall are measured together from the unretained ground and must meet retaining wall limits: 4 feet within 10 feet of a property line or in the setback, and 8 feet elsewhere. Near a property line that usually means 4 feet total.
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
- OMC §17.4.27(B)(1), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
Fence. No fence in any location may exceed six feet, except for sports court fences and except for de minimus variances relating to minor variations in the underlying terrain. A fence located within five feet of a property line/right-of-way boundary with street frontage must be constructed completely of an open material, such as lattice or wrought iron, and shall not exceed a height of four feet.
- OMC §17.4.27(B)(2), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
Retaining Wall. A retaining wall shall be limited to four feet if it is: (1) within ten feet of any property line; or (2) in the minimum required yard setback for the subject lot, whichever is greater. Elsewhere, a retaining wall shall be no higher than eight feet.
- OMC §17.4.27(A), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
Where a fence is built on top of a retaining wall, the combined fence/wall height is measured from the unretained ground at the outside face of the combined fence/retaining wall.
- OMC §17.4.25(D), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
The maximum fence height of the portion built within the minimum setback of the subject lot shall be twelve (12) feet.
- Code Enforcement webpage, Fence & Retaining Walls, Code Enforcement - City webpage (common infractions: construction hours, fences, trees, nuisances), p. 1
Fences within 5 feet of a street abutting property line are limited to 4 feet in height and must be visually open. Fences more than 5 feet from the front property line may be up to 6 feet in height, must be screened with landscaping and may be constructed of a solid material.
- OMC §17.32.2, Municipal Code Title 17 Ch. 17.32 Exceptions (17.32.2 exemptions), p. 1
An exception from the development standards for setbacks, height, the number of stories, fences and retaining walls, single-family residential parking requirements, number of replacement trees, and for maximum lot coverage and minimum landscape area under this title may be granted.
- Code Enforcement webpage, Fence & Retaining Walls, Code Enforcement - City webpage (common infractions: construction hours, fences, trees, nuisances), p. 1
Planning Department approval is not required for new and reconstructed fences Section 17.4.27 of the Municipal Code.
- OMC §17.4.27(B)(3), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
Fence and Retaining Wall Combinations. The height of a combined retaining wall and fence shall conform to the height limits of Subsection 17.4.27.B.2. and other requirements of Subsection 17.4.27.B.1.