Fence Regulations in Tempe, AZ

If you live in Tempe or are thinking about moving there, fence regulations are one of those things you probably won't think about until they affect you directly. Tempe has 3 specific rules on the books covering different aspects of fence regulations, and some of them might surprise you.

Retaining Walls

Tempe exempts a retaining wall from a building permit only if it is 4 feet or less, measured from the bottom of the footing to the top of the wall, under City Code Sec. 8-105.2(g); taller walls, or any wall holding back Class I-IIIA liquids, need a permit.

Key details: Governing section: Tempe City Code Sec. 8-105.2(g). Permit-exempt height: 4 feet, footing to wall top. Lost exemption trigger: Surcharge load or Class I-IIIA liquids. Unpermitted work penalty: $400-$1,000/violation, $2,000/day cap. Alt. penalty: Class 1 misdemeanor, up to $2,500 + 6 mo..

Building a retaining wall that exceeds the four-foot exemption, or one that impounds a surcharge or Class I-IIIA liquids, without first obtaining a permit exposes the owner to the general Chapter 8 violation penalties under Sec. 8-114.4: a civil sanction of $400 to $1,000 per violation (capped at $2,000 per day per property) or prosecution as a Class 1 misdemeanor carrying up to $2,500 in fines and up to six months in City jail, with each day of continuing violation treated as a separate offense.

Height Limits

Tempe limits a front-yard fence or wall to 4 feet, rear and side yard walls to 10 feet, 8 feet for single-family homes, and requires a building permit for any fence or wall taller than 7 feet, under Section 4-706(A) of the Zoning and Development Code. A use permit can raise the front-yard cap to 6 feet, plus 2 more feet for architectural features like pergolas.

Key details: Front yard fence cap: 4 feet (6 feet with use permit). Side/rear yard cap: 10 feet (8 feet single-family). Building permit trigger: Any fence or wall over 7 feet. Clear vision triangle limit: 2 feet near intersections/driveways. Reverse-frontage lots: 8-foot masonry wall required.

Building or maintaining a fence or wall above the height allowed in Section 4-706(A) without an approved use permit, or skipping the building permit required above 7 feet, violates Section 1-201 of the Zoning and Development Code. The city can issue a civil citation carrying a $100 to $1,000 sanction per day of noncompliance, or file a class 1 misdemeanor complaint in Tempe Municipal Court carrying up to a $2,500 fine and six months in jail, and can order a noncompliant fence altered or removed.

Fence Permit Requirements

Tempe caps front-yard walls and fences at 4 feet (6 feet with a use permit) and rear/side yard walls at 10 feet, 8 feet for single-family lots. Any fence or wall over 7 feet triggers a mandatory building permit under the Zoning and Development Code.

Key details: Front yard max height: 4 feet. Front yard with use permit: up to 6 feet (+2 ft features). Rear/side yard max (single-family): 8 feet. Rear/side yard max (other uses): 10 feet. Building permit required over: 7 feet.

Building a fence or wall over 7 feet without a building permit, or exceeding the 4-foot front-yard cap without an approved use permit, puts the structure out of compliance with Section 4-706(A). The Community Development Department can require removal, modification, or retroactive permitting, and occupancy or plan approvals for the site can be withheld until the wall conforms.

The Bottom Line

Tempe'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 Tempe is broadly strict or permissive.

All of the above reflects Tempe'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.