Fence height rules in Saratoga, California
Solid fences can be up to 6 feet tall (plus up to 2 feet of open lattice on top), and open fences such as wrought iron or split rail up to 8 feet. Inside the required front setback area, fences are limited to 3 feet. The City Code requires a building permit for any solid fence over 6 feet (which also needs special approval); it doesn't say whether a tall open fence needs one, so ask the Building Division.
| Max solid fence height (side/rear) | 6 feet, plus up to 2 feet of lattice at least 25% open [2] |
| Max open fence height | 8 feet (wrought iron, wire, split rail, chain link) [3] |
| Max height in front setback area | 3 feet [4] |
| Street-corner sight triangle | 3 feet max within 50-foot triangle [5] |
| Driveway sight triangle | 3 feet max within 12-foot triangle [6] |
| Building permit | Required for solid fences over 6 feet [1] |
| Front entrance gates | Wrought iron up to 5 feet, at least 20 feet from street pavement [7] |
| Barbed or electrified wire | Prohibited unless approved by Planning Commission [8] |
Height limits
In Saratoga, a solid fence can't exceed 6 feet, but you may add up to 2 feet of lattice or similar material on top if it is at least 25 percent open to light and air [2]. Open fencing such as wrought iron, wire, split rail or chain link can be up to 8 feet; except for chain link, the openings must let a 4-inch sphere pass through [3]. Inside any required front setback area (25 to 30 feet deep in most R-1 districts), fences are limited to 3 feet [4]. The same 3-foot limit applies in the exterior side setback of a reversed corner lot. Retaining walls are capped at 7 feet, or 3 feet in front and exterior side setbacks.
Corner lots and driveways
Within a triangle with 50-foot sides at a street intersection, no fence, hedge, wall, gate or similar element may exceed 3 feet above street grade [5]. A 12-foot triangle on each side of a driveway where it meets the street has the same 3-foot limit [6].
Gates, pilasters and extras
Wrought iron entrance gates in the front setback may be up to 5 feet tall if they are see-through and at least 20 feet from the edge of the street pavement [7]. Pilasters may rise 2 feet above the fence limit, to no more than 8 feet. Arbors and trellises attached to a fence in a front or exterior side setback may be up to 8 feet tall. Barbed and electrified wire are banned unless the Planning Commission approves them for security [8].
Permits and exceptions
A building permit is required for any solid fence over 6 feet [1], and a taller solid fence also needs a Planning Commission exception after a public hearing, or a Community Development Director permit in limited cases (next to commercial districts, along listed noisy arterial streets, or near scenic highways). The code sets no minimum setback from the property line for ordinary fences.
Hillside districts
In HR and R-OS districts, fencing generally can't enclose more than 6,000 square feet or 15 percent of the site, whichever is greater, and fencing outside that area is limited to 3-foot split rail, stone or stucco. Pool fences follow the Building Code.
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Next steps
- Confirm your zoning district and front setback depth with the Saratoga Community Development Department (408-868-1222) before placing a fence near the street.
- Keep solid fences at or under 6 feet (plus optional open lattice) to avoid needing a building permit.
- For a taller solid fence, apply to the Planning Commission for a fence exception under Sec. 15-29.090, which requires a public hearing and notice to owners within 500 feet.
- If your lot faces a scenic highway or heritage lane, or you live in an HR or R-OS hillside district, check the extra fence permit and material rules first.
Common questions
- How tall can a fence be in Saratoga, California?
- Solid fences can be up to 6 feet tall, plus up to 2 feet of open lattice on top. Open fences such as wrought iron or split rail can be up to 8 feet.
- What is the fence height limit in the front yard in Saratoga, California?
- Inside the required front setback area, fences are limited to 3 feet.
- Do I need a permit for a fence in Saratoga, California?
- For a solid fence over 6 feet, yes: the City Code requires a building permit, and it also needs special approval. The code doesn't say whether a tall open fence needs one, so ask the Building Division.
- Is barbed wire allowed on fences in Saratoga, California?
- No, barbed or electrified wire is prohibited unless the Planning Commission approves it.
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. 15-29.010(a), City Code Article 15-29 - Fences, p. 1
A building permit shall be required for any solid fence greater than six feet in height.
- Sec. 15-29.010(a)(1), City Code Article 15-29 - Fences, p. 1
Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence.
- Sec. 15-29.010(a)(2), City Code Article 15-29 - Fences, p. 1
Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height.
- Sec. 15-29.010(b), City Code Article 15-29 - Fences, p. 1
No fence located within any required front setback area shall exceed three feet in height.
- Sec. 15-29.010(e), City Code Article 15-29 - Fences, p. 1
No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street.
- Sec. 15-29.010(f), City Code Article 15-29 - Fences, p. 1
No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with the edge of pavement on a street without a sidewalk (or, on a street with a sidewalk, the back of the curb) shall exceed three feet in height above the established grade of the adjoining street.
- Sec. 15-29.010(d)(1), City Code Article 15-29 - Fences, p. 1
Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement.
- Sec. 15-29.060, City Code Article 15-29 - Fences, p. 1
No fence constructed or installed within the City shall contain barbed or electrified wire unless approved by the Planning Commission, based upon a finding that the barbed or electrified wire is necessary for security purposes and that measures will be taken, when appropriate, to mitigate any adverse impacts of such wire.