In unincorporated Monterey County, fences may not exceed six feet in height in any zoning district unless they meet the setback requirements for a non-habitable accessory structure. Higher decorative or security fencing typically requires planning review or a use permit.
Monterey County's inland Zoning Ordinance (Title 21) and the Coastal Zoning Ordinance (Title 20) set maximum heights and setback exceptions in Chapters 21.62 and 20.62. According to the County of Monterey Building and Planning Services FAQ that interprets these chapters, a fence may not be more than six feet high in any zoning district unless it satisfies the setback requirements for a non-habitable accessory structure. Fences taller than six feet are typically allowed only when pulled in from the property line to meet accessory-structure setbacks established by the underlying zoning district. The combined height of a fence atop a retaining wall is also limited unless the upper fence is set back from the wall. State law (California Civil Code Section 841.4) treats any fence over ten feet in height that is maliciously erected to annoy an adjoining owner as a private nuisance regardless of local zoning.
Construction of a fence over six feet without meeting accessory-structure setbacks is a zoning violation that can trigger a stop-work order, a code enforcement case under Monterey County Code Title 1 enforcement provisions, daily administrative fines, and an order to remove or lower the fence. Malicious fences over ten feet can also be enjoined as a nuisance under Civil Code 841.4.
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See how Monterey County's height limits rules stack up against other locations.
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