Summary

The purposes of fence and/or retaining wall regulations (County Code Section 13.10.525) are:

• To provide privacy screening of yard areas,
• To ensure adequate light and air for the street area and abutting properties,
• To preserve a harmonious and compatible street front appearance, and
• To ensure adequate visibility of vehicles entering the street from driveways, adequate sight distance from such vehicles, and adequate sight distance at street corners.

How to Measure Height

• Height is determined by measuring the exposed face of the fence or wall at its tallest point, from finished grade at the base, to the top of the fence or wall.
• Where a parcel slopes down from a public or private right-of-way, the height of a fence or retaining wall shall be measured from the curb or edge of shoulder nearest the fence or retaining wall to the top of the fence and or wall.

Maximum Fence and Retaining Wall Heights

Table 13.10.525-1: Fence Location and Height

Where fences are placed near roads where cars are traveling faster, adequate sight distance shall be provided based on 85th percentile speeds on the road. The minimum sight distance for driveways and intersections shall be 250 feet for speeds up to 35 mph. For roads with speeds greater than 35 mph, and roads/driveways connecting thereto, the sight distance shall be determined in accordance with the latest American Association of State Highway and Transportation Officials (AASHTO) “Green Book” “A Policy on Geometric Design of Highways and Streets.” Sight distance shall be measured based upon the driver’s view setback six feet from the travel lane at a height of three and one-half feet high and the distance along the road to an object one-half to two feet high. The driver’s view shall be set back 10 feet for vehicles backing out.

Exceptions to Maximum Height Requirements

• Within sight distance triangles, the maximum structure height is three feet (see SCCC 13.16.093).
• On steep slopes, open safety railings up to 42 inches in height are allowed as provided in SCCC 13.10.323(E)(5)(a).
• Walkway fence opening, with or without gates, may have associated archways/trellises/pergolas up to a maximum height of eight feet without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Archways/trellises/pergolas may not make up more than 25 percent of the length of the fence along a given property line without an Administrative Site Development Permit. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.
• Open architectural, decorative, and ornamental features such as lattice may exceed the given maximum fence heights by no more than six inches without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Open means that no more than 50 percent of the feature may be opaque. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.
• Fencing for agricultural uses in agricultural zone districts
  • Permanent fencing. In agricultural zone districts, fencing for agricultural purposes may have heights up to six feet in all yards; provided, that such fencing is: (i) six feet or less in height; and (ii) made of wire which that is spaced a minimum of one inch apart, supported with wood or metal posts, or made of horizontally oriented wooden members which are spaced a minimum of eight inches apart. Fencing meeting these criteria shall be exempt from requiring a discretionary permit unless such fencing is located on property adjacent to Highway One, in which case a Minor Site Development Permit is required.
  • Agricultural fencing located within a corner sight clearance triangle shall be a maximum of three feet in height.
  • Hedgerows or other living fences are allowed in agricultural zone districts and are not subject to fencing regulations.
  • Agricultural fencing exceeding six feet in height requires an over-height fence certification and is limited to a maximum of eight feet.
  • Agricultural fencing exceeding eight feet requires an Administrative Site Development Permit.
  • Temporary fencing, for purposes of dust control, animal control, food safety, windbreaks, farmworker protection, and trespass prevention, is allowed without discretionary approval (subject to the criteria in SCCC 13.10.525(D)(5)(b)).
  • Extended temporary fencing in agricultural zone districts can be permitted with a Minor Site Development Permit, subject to SCCC 13.10.525(D)(5)(c).

Over-Height Fence Certification

• An over-height fence certification for fence height up to eight feet may be issued with a Minor Site Development Permit with findings as provided by 18.10.230(A) and, if in the Coastal Zone, the finding that the subject development will not adversely impact public views and scenic character. Fence heights greater than eight feet require an Administrative Site Development Permit.

Site Distance Triangles and Maximum Height Diagram in Residential Zones