Fence Regulations in Berkeley, CA (2026)
5 verified fence regulations for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Height Limits
Berkeley zoning sets 6 feet as the ceiling for a no-permit fence citywide, dropping to 4 feet in the ES-R hillside district, with taller fences allowed only through an Administrative Use Permit. The Mixed Use Residential district adds a separate 6-foot setback rule where a fence backs onto another home.
Berkeley Fence Height Limits
Some RestrictionsBerkeley Municipal Code § 23.304.080(E)
E. MU-R District. 1. Abutting Residential Uses. (a) If the side or rear of a lot in the MU-R district with a residential use abuts another lot with a residential use, a fence over six feet in height must be setback at least either: i. Eight feet from any main residential building on the abutting lot; or ii. Four feet from the property line if the main residential building on the abutting lot is...
Fence Permit Requirements
Berkeley lets fences up to 6 feet rise without a permit in most zoning districts, but anything taller on a lot line or inside a required setback needs an Administrative Use Permit from the Zoning Officer. The Hillside Overlay ES-R district caps the free-standing height at 4 feet instead.
Berkeley Fence Permit Requirements
Some RestrictionsBerkeley Municipal Code § 23.304.080(A)-(B)
A. Permits Required. Table 23.304-8 shows permits required for fences in all districts. All Districts Except ES-R: 6 ft. in height or less - None required. More than 6 ft in height and on lot line or within required lot line setbacks for main building - AUP. ES-R District: 4 ft. in height or less - None required. More than 4 ft. in height and on lot line or within required lot line setbacks for...
Neighbor Fence Rules
California Civil Code 841 (Good Neighbor Fence Act) governs shared fence costs in Berkeley, presuming equal cost sharing with 30 days written notice before construction.
Berkeley Neighbor Fence Rules
Few RestrictionsCal. Civil Code § 841
(a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maint...
Retaining Walls
A retaining wall in Berkeley needs a building permit once it rises above 4 feet, measured from the bottom of the footing to the top of the wall, or once it holds back a surcharge load or impounds Class I, II, or IIIA liquids regardless of height. Berkeley Municipal Code Section 19.28.020 sets that exemption threshold, and the Building and Safety Division reviews and issues the permit.
Berkeley Retaining Wall Permit Threshold
Some RestrictionsBerkeley Municipal Code Section 19.28.020 (California Building Code Section 105.2, Item 4)
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: ... 4. Retaining walls that are not over 4 feet (1219 mm) in height measured fr...
Material Restrictions
Berkeley bans barbed wire, razor wire, sharp glass, and jagged metal fencing in every Residential District. Existing prohibited fences had to come down by 2004 or 2005 depending on their value, and none may be repaired or expanded once non-conforming.
Berkeley Barbed and Razor Wire Fence Ban
Some RestrictionsBerkeley Municipal Code § 23.304.080(C)
C. Prohibited Materials in Residential Districts. 1. A fence in a Residential District may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials. 2. Prohibited fence materials on an existing fence may not be expanded or repaired. Table 23.304-9 shows the date by which existing non-conforming prohibited fen...
Looking for Alameda County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Berkeley city rules.
Fence Regulations in Alameda County →