Bakersfield's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Bakersfield, California, there are 4 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.

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.

The rules around neighbor fence rules in Bakersfield lean permissive, but that does not mean anything goes.

Height Limits

Bakersfield caps fences, walls, and hedges at six feet in required side and rear yards and four feet in the required front yard across the R-1 through R-6 and MX-1/MX-2 zones (BMC § 17.08.180). Front yards can go to six feet only with planning commission or council approval for arterial screening or noise attenuation, and barbed or electrified wire is banned within three feet of any residential lot line.

Key details: Rear/side yard max: 6 feet, most residential/MX zones. Front yard max: 4 feet (up to 6 ft with approval). Barbed wire, residential: Banned within 3 feet of lot lines. Barbed wire, commercial: Allowed only 6 ft 3 in.+ above grade. Agricultural zone: Barbed wire 1,300+ ft from residential.

A fence, wall, or hedge exceeding these height limits or using prohibited barbed or electrified wire is a Title 17 zoning violation, enforceable as a public nuisance subject to abatement or injunction under § 17.72.010, and subject to the citywide general penalty in Chapter 1.40.010: up to a $1,000 fine or six months in county jail for a misdemeanor, with each day of the violation a separate offense.

Retaining Walls

Bakersfield's building code amendments bar wood retaining and crib walls in high-seismic zones, require preservative treatment for any wood that is used, and set prescriptive limits on concrete and masonry foundation/retaining walls under § 15.05.100, with separate permit fees required by the grading code.

Key details: Wood foundation/retaining wall limit: BMC § 15.05.100 (CBC § 1807.1.4/.6). Wood retaining/crib wall standard: BMC § 15.05.160 (CBC § 2304.12.2.8). Seismic prohibition: No wood in SDC D, E or F. Wood treatment standard: AWPA U1, Commodity Spec A or F. Permit fees: Separate from grading permit fee (Appx J § J103.5–.6).

Constructing a wood retaining or crib wall in a prohibited seismic design category, or building any retaining wall without the required separate permit and plan review fee under Appendix J § J103.5–J103.6, is a Title 15 violation subject to the general penalty at § 1.40.010, including infraction fines up to $250 for repeat violations or misdemeanor charges up to $1,000 or six months in jail.

Material Restrictions

Barbed and electrified wire are flatly banned on residential-zone fences in Bakersfield, allowed in commercial/industrial zones only above 6 feet 3 inches, and permitted for agricultural fencing solely at least 1,300 feet from any residential area.

Key details: Residential zones (R-1–R-6, MX-1/2): barbed/electrified wire banned outright. Commercial/industrial zones: allowed only above 6 ft 3 in clearance. Agricultural (A) zone: allowed only 1,300+ ft from residential area. Pre-1983 canal fences: exempt from D, E and F restrictions. Wire direction (commercial): must angle inward or run vertical.

A residential fence found with barbed or electrified wire in violation of § 17.08.180(D) is handled through Bakersfield code enforcement, which can order the wire removed regardless of the fence's overall height. Commercial or industrial properties that install barbed wire below the 6-foot-3-inch minimum clearance, or that let it extend over a property line or right-of-way, face the same correction process, and agricultural operators placing barbed or electrified wire within 1,300 feet of a residential area without building-director approval can be ordered to relocate or remove it.

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

The Bottom Line

Bakersfield's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Bakersfield is broadly strict or permissive.

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.