Tulare's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Tulare, California, there are 6 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.

Approved Materials

Tulare Municipal Code § 10.16.160 specifies that front-yard fences must have a see-through top foot (wrought iron or similar). Masonry fences over 3 feet require engineered footings and a building permit; any fence over 7 feet requires engineered post footings and a permit regardless of material.

Key details: Front-yard top foot: Must be see-through (e.g., wrought iron). Masonry permit trigger: Over 3 ft tall. All-material permit trigger: Over 7 ft tall. Engineered footings: Required over the permit thresholds. Building contact: (559) 684-4218.

Installing a masonry fence over 3 feet or any fence over 7 feet without a permit triggers Building Division enforcement: stop-work order, requirement to obtain a permit (often retroactively with engineering review), and possible administrative citations.

Height Limits

Tulare Municipal Code § 10.16.160 caps fences at 4 feet in the required front yard (and street-side yard of corner lots) and 7 feet in side/rear yards. Walls taller than 7 feet require Planning Commission approval, typically only granted to mitigate noise impacts identified in the Tulare General Plan.

Key details: Front yard max: 4 ft (top 1 ft see-through). Side/rear max: 7 ft. Arterial/collector walls: 6–7 ft required. Over 7 ft: Planning Commission approval + building permit. Code section: Tulare Municipal Code § 10.16.160.

Building without a permit when one is required, or exceeding the 4-foot front-yard or 7-foot side/rear-yard caps, is a zoning violation enforced by Community Development. Typical remedies include a stop-work notice, a requirement to lower the fence to code, and administrative citations under the Municipal Code.

Pool Barriers

Tulare Municipal Code § 10.16.160 sets a 5-foot minimum pool fence height; California Health & Safety Code § 115922 (Swimming Pool Safety Act) imposes the stricter standard of a 60-inch barrier plus at least two of seven approved drowning-prevention safety features for any new or remodeled residential pool or spa.

Key details: Local minimum height: 5 ft (Tulare § 10.16.160). State minimum height: 60 in (Cal. H&S Code § 115922). Safety features required: At least 2 of 7 approved. Gate latch height: ≥ 60 in above ground, self-closing/self-latching. Max ground clearance: 2 in.

Pools constructed or remodeled without two approved safety features fail final inspection — the Building Division will not sign off. Drowning incidents at non-compliant pools also expose owners to civil liability and, in egregious cases, criminal child-endangerment charges. The 60-inch state standard preempts any weaker local rule, so Tulare's 5-foot (60-inch) minimum is effectively the floor.

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

Neighbor Fence Rules

Tulare does not have a city-level shared-fence ordinance — California Civil Code § 841 (the Good Neighbor Fence Act) governs. Adjoining owners are presumed to share equally in the reasonable cost of building, maintaining, or replacing a boundary fence, after 30 days' written notice.

Key details: Cost sharing rule: Equal split presumed (Civ. Code § 841). Required notice: 30 days prior, in writing. Notice content: Problem, solution, cost, sharing approach, timeline. Local override: None — state law applies. Dispute venue: California small claims / superior court.

Neighbor fence cost disputes are civil matters resolved in California small claims court (up to $12,500 for individuals) or superior court. Failure to give the 30-day notice typically defeats a cost-sharing claim. Building a fence that violates Tulare's height, sightline, or permit rules is enforced by Community Development separately.

Retaining Walls

Tulare follows the California Building Code: retaining walls 4 feet or less in height (measured from the bottom of the footing to the top of the wall) are exempt from a building permit — unless they support a surcharge or impound Class I, II, or III-A liquids. Walls over 4 feet require engineered plans and a building permit.

Key details: Permit-exempt height: ≤ 4 ft (footing to top of wall). Surcharge exception: Any height — permit required. Liquid impoundment: Class I, II, III-A — permit required. Engineering: Required for permitted walls. Lateral support: Cal. Civ. Code § 832.

Building a non-exempt retaining wall without a permit is a building code violation: stop-work order, requirement to obtain a permit with engineered drawings (often after special inspection of existing construction), and possible removal if the wall cannot be brought to code. Lateral support damage to a neighbor's property creates civil liability under Civ. Code § 832.

Permit Requirements

A building/zoning permit is generally required in the City of Tulare for fences over 6 feet or for masonry/retaining walls; pool barrier fences must meet the California Building Code. Standard residential fences at the height limit may be permit-exempt.

Key details: Permit: Over 6 ft / masonry. Pool Fences: CBC barrier required. Standard Fences: Often permit-exempt. Authority: Building / planning.

Contact your local code enforcement office for specific penalty information.

The Bottom Line

Tulare'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 Tulare is broadly strict or permissive.

This guide is based on Tulare's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.