Fence height rules in San Clemente, California
In San Clemente's residential zones, fences, walls and hedges can be up to 3 ft 6 in tall in the front yard setback and 6 ft in side and rear yards. On a corner lot, the 5 ft closest to the street-side lot line is limited to 3 ft 6 in. Fences up to 6 ft (masonry under 42 in) don't need a building permit, and barbed wire and razor wire are banned.
| Front yard setback | 3 ft 6 in [1] |
| Interior side yard setback | 6 ft [2] |
| Corner lot street side | 3 ft 6 in within 5 ft of the street-side line; 6 ft beyond [3] |
| Rear yard setback | 6 ft [4] |
| Taller front or street-side fence | Up to 6 ft with a Minor Exception Permit [5] |
| Over 6 ft in rear half of lot | Conditional Use Permit (tennis courts, recreation or screened areas) [6] |
| Banned materials | Barbed wire and razor wire [7] |
| Building permit exemption | Fences up to 6 ft; masonry fences under 42 in [8] |
Height limits in residential zones
Table 17.24.090 of the zoning code sets the maximum height of fences, walls and hedges:
- Front yard setback area: 3 ft 6 in [1]
- Interior side setback area: 6 ft [2]
- Street side (corner lot): 3 ft 6 in within 5 ft of the street-side property line, and 6 ft for the rest of the street-side yard [3]. On a reverse corner lot, the whole street-side setback is limited to 3 ft 6 in.
- Rear yard setback and the rest of the lot: 6 ft [4]
The lower front-yard limit keeps an open street scene and clear views of traffic to and from driveways. Hedges count the same as fences.
Going taller
A Minor Exception Permit can allow a front-yard or street-side fence (within 5 ft of the property line) up to 6 ft [5]. A Conditional Use Permit is needed for a fence over 6 ft in the rear half of the lot, and only to enclose tennis courts, similar recreation areas or private screened outdoor areas [6]. Either way, the City must find the extra height won't be unsightly or block views of traffic.
Measuring and materials
Height is measured from the lower side of finished grade to the top, including pilasters and trellises. Barbed wire and razor fences are banned in all zones, except around utility equipment [7].
Building permits
San Clemente's amendments to the California Building Code exempt fences up to 6 ft and masonry fences under 42 in from a building permit [8]. That's stricter than the state's 7 ft exemption. The same chapter says houses and their accessory structures follow the California Residential Code, and we didn't see whether the City made the same change there, so ask Building Services before building a masonry wall 42 in or taller. Pool barriers always need a permit. Retaining walls over 4 ft, or any on steeper slopes, need review.
Nonresidential zones
In nonresidential zones, fence height and materials are set through architectural review with a Development Permit.
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Next steps
- Find your front, side and rear setback lines (and street-side line if you're on a corner) on your plot plan.
- Keep front-yard fences and hedges at 3 ft 6 in or less, and side and rear fences at 6 ft or less, measured from the lower side of finished grade.
- For a masonry wall 42 in or taller, or a fence over 6 ft, apply for a building permit with Building Services (949-361-6100).
- For extra height in the front or street-side yard, apply to the Planning Division for a Minor Exception Permit.
Common questions
- What is the fence height limit in San Clemente, California?
- In residential zones, fences, walls and hedges can be up to 3 ft 6 in tall in the front yard setback and 6 ft in interior side and rear yards. On a corner lot, the 5 ft closest to the street-side lot line is limited to 3 ft 6 in.
- Do I need a permit to build a fence in San Clemente, California?
- Not usually. San Clemente exempts fences up to 6 ft and masonry fences under 42 in from a building permit. A masonry wall 42 in or taller or a fence over 6 ft needs a building permit, and pool barriers always need one.
- Can I build a taller front yard fence in San Clemente, California?
- It depends. A Minor Exception Permit can allow a front-yard or street-side fence up to 6 ft. A Conditional Use Permit is needed for a fence over 6 ft in the rear half of the lot, and only to enclose tennis courts, similar recreation areas or private screened outdoor areas.
- Is barbed wire fencing allowed in San Clemente, California?
- No. Barbed wire and razor wire fences are banned in all zones, except around utility equipment.
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
- Table 17.24.090 (Front Yard Setback Area), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
Front Yard Setback Area 3 ft 6 in.
- Table 17.24.090 (Interior Side Setback Area), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
Interior Side Setback Area 6 ft.
- Table 17.24.090 (Street-Side Setback Area), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
Reverse corner lot: 3 ft 6 in. Corner lot: Within 5 feet from street-side property line: 3 ft. 6 in. Remaining width of street-side yard: 6 ft.
- Table 17.24.090 (Rear Yard Setback Area), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
Rear Yard Setback Area 6 ft.
- §17.24.090(C)(2)(a), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
A Minor Exception Permit is required to allow the height of a fence, wall or hedge in front yards and street side yard setback areas (within five feet of property line) to be increased to a maximum of six feet per Section
- §17.24.090(C)(2)(b), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
A Conditional Use Permit is required to allow the height of a fence, wall, or hedge in the rear half of a lot to exceed six feet when the fence, wall, or hedge encloses tennis courts, other similar recreational areas, or private screened outdoor areas, per Section
- §17.24.090(B)(2), Municipal Code Title 17 Ch. 17.24 General Development Standards (17.24.040 accessory buildings and structures; 17.24.080 encroachments into setbacks; 17.24.090 fences, walls and hedges; 17.24.060 canyon setbacks)
Barbed wire and razor fences are prohibited in all zones, except when such materials are needed to restrict access to public utility equipment such as high voltage transformers.
- §15.08.020(E), amending CBC 105.2 item 2, Municipal Code Title 15 Ch. 15.08 Building Code (local amendments incl. pool barriers)
Fences other than swimming pool barriers, not over 6 feet high. Masonry fences under 42 inches in height above finish grade.