Bakersfield's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Bakersfield, California, there are 7 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Retaining Walls

Bakersfield requires building permits for retaining walls over 4 feet in height measured from the bottom of the footing to the top of the wall, and for any retaining wall supporting a surcharge (such as a driveway, pool, or structure) regardless of height. Engineered plans stamped by a California-licensed civil or structural engineer are required for walls over 4 feet. Walls within property setbacks and near slopes have additional requirements.

Key details: Permit Trigger: Over 4 feet or any surcharge. Engineering: Required for walls over 4 feet. Measurement: Bottom of footing to top of wall. Drainage: Required behind all walls. Authority: Development Services, (661) 326-3733.

Constructing a retaining wall without a required permit is a violation of BMC Title 15. Code Enforcement can issue stop-work orders, require engineered analysis of existing walls, and order removal or reconstruction of non-compliant walls. Wall failures causing damage to neighboring property create civil liability. Walls over 4 feet without permits may be discovered at property sale and become a costly retrofit.

This is one of the stricter rules in Bakersfield's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Neighbor Fence Rules

Bakersfield does not have a specific municipal ordinance addressing boundary fence disputes between neighbors. California Civil Code Section 841 (the Good Neighbor Fence Act of 2013) governs shared boundary fences statewide and presumes adjoining landowners share equally in the reasonable costs of construction and maintenance. Disputes over spite fences, blocked views, or cost-sharing are handled through state civil law rather than city code.

Key details: Governing Law: CA Civil Code §841 (state). Cost Sharing: Presumed 50/50 between neighbors. Notice Required: 30 days written before work. Spite Fence Limit: Over 10 feet = private nuisance. Dispute Venue: Small claims court.

Violations are civil matters, not criminal. A neighbor who refuses to contribute fair costs after proper §841 notice may be sued in small claims court. Spite fences over 10 feet can be declared a private nuisance and ordered removed by the court. Bakersfield Code Enforcement will not mediate civil fence disputes but will respond to fences violating height limits, encroaching on the public right-of-way, or creating safety hazards.

Permit Requirements

Bakersfield requires building permits for fences over 6 feet tall and for most retaining walls under BMC Title 15 (Building and Construction) and Title 17 (Zoning). Fences 6 feet and under in side and rear yards generally do not require a permit but must still comply with zoning height and location standards. All fences, with or without permits, must meet vision clearance rules at corners and driveways.

Key details: Permit Trigger: Fences over 6 feet tall. Front Yard Limit: 3-4 feet typical. Side/Rear Limit: 6 feet without permit. Authority: Development Services Department. Contact: (661) 326-3733.

Building without a required permit is a violation of BMC Title 15 and can result in stop-work orders, double permit fees, and orders to remove or lower the fence. Zoning violations are subject to administrative citations starting around $100 for a first offense and escalating for continued non-compliance. Unpermitted fences may also complicate property sales and insurance claims.

Fence Requirements

Bakersfield regulates fence height, location, and materials under BMC Title 17 (Zoning Ordinance). Residential fences are limited to 3-4 feet in front yards and 6 feet in side and rear yards without a permit. Corner lots must maintain a clear vision triangle. All fences must be set back from public right-of-way and cannot obstruct sight distance at driveways or intersections.

Key details: Front Yard Max: 3-4 feet. Side/Rear Max: 6 feet without permit. Corner Vision Triangle: 3 feet max in sight area. Prohibited Materials: Barbed wire, electrified (residential). Governing Code: BMC Title 17.

Fences exceeding height limits or encroaching on setbacks violate BMC Title 17 and can result in administrative citations starting around $100 per violation. Vision obstruction at intersections is a serious safety issue and can result in immediate abatement orders. Continued violations escalate with daily fines. Code Enforcement responds to neighbor complaints and may issue correction notices allowing 30 days to cure.

Material Restrictions

Bakersfield restricts certain fence materials under BMC Title 17 zoning regulations. Barbed wire, razor wire, concertina wire, and electrified fencing are generally prohibited in residential zones but may be allowed in industrial or agricultural zones with permits. Chain link is permitted in most zones but may be restricted in front yards or require slats for screening in some districts. All materials must be maintained in good repair.

Key details: Prohibited Residential: Barbed wire, razor wire, electrified. Allowed Industrial: Barbed wire on security fencing. Chain Link: Allowed; may need slats in front yard. Decorative: Wrought iron, wood, vinyl, masonry OK. Governing Code: BMC Title 17.

Installing prohibited materials such as barbed wire in a residential zone violates BMC Title 17 and results in administrative citations and removal orders. Electrified fences in residential zones present safety risks and may trigger immediate abatement. Citations typically start around $100 and escalate with continued non-compliance. Civil liability for injuries caused by prohibited materials is significant.

Pool Barriers

Bakersfield enforces California Health and Safety Code §115920-115929 (the Swimming Pool Safety Act) requiring all new or remodeled residential swimming pools and spas to have at least two of seven approved drowning-prevention safety features. Pool enclosure fences must be at least 60 inches (5 feet) tall, non-climbable, with self-closing and self-latching gates. Permits and inspections are required through Bakersfield Development Services.

Key details: Governing Law: CA H&S §115920-115929. Min Fence Height: 60 inches (5 feet). Features Required: At least 2 of 7 approved. Gate Latch Height: 60 inches above ground. Max Gap: 4 inches between pickets.

Failing to provide compliant pool barriers violates California H&S §115920 and BMC building standards. Bakersfield can deny final inspection and refuse certificate of occupancy until barriers comply. Continued violations may result in administrative citations. More significantly, a non-compliant pool creates enormous civil liability if a drowning or injury occurs. Homeowner insurance may deny claims involving non-compliant pools.

This is not one of those rules that cities tend to ignore. Bakersfield actively enforces its pool barriers requirements.

Height Limits

Bakersfield BMC §17.08.180 limits fences to 6 ft in rear/side yards and 4 ft in required front yards for residential zones (R-1 through R-6, MX-1, MX-2). Higher fences allowed if required for noise attenuation.

Key details: Rear/Side: 6 ft max. Front Yard: 4 ft max. Exception: Greater height for noise attenuation. Code: BMC §17.08.180.

Code compliance notice with correction period. Remove or modify non-compliant fence. Fines if not corrected.

The Bottom Line

Bakersfield is tougher than many cities when it comes to fence regulations. Out of the 7 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Bakersfield, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Bakersfield's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.