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Santa Clara County, CA Fence Regulations: Material Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Zoning Ordinance § 3.50.090(E)(7), New Almaden "-h1" district
Required material
Wood like early wood fencing, or historically compatible materials
Mandatory on
Priority List No. 1 and No. 2 properties
Other parcels
Advisory, but design review can impose it; Sub-area A needs substantial conformance
Height rules
Section 4.20.050 applies to all fences and hedges
Design review exemption
Fences three feet or less in height
Misdemeanor cap
One year jail or $1,000.00 fine per offense

Summary

In the New Almaden historic district, the "-h1" combining zone, new and replacement fencing on Priority List 1 and 2 properties must be built of wood similar to the early wood fencing, or of other historically compatible design and materials. Height still follows Section 4.20.050, and the material standards are advisory on every other parcel unless design review makes them binding.

City-specific rules exist: San Jose, Santa Clara, and Sunnyvale have their own material restrictions rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Form, Materials, and Color Standards. The following standards shall apply to all structures on properties on Priority Lists No. 1 and 2. Adherence is mandatory unless acceptable substitutes are approved as indicated in the provisions below. ... Certain features, materials, forms or approximations thereof may be required of a project by means of design review or ASA approval or conditions, as appropriate. Property owners are encouraged to incorporate these design features and materials standards into their construction plans as much as possible and appropriate to ensure the compatibility of new construction with the general historic character of the district. Substantial conformance with these standards is required for properties in the immediate vicinity of Priority List 1 and 2 properties, defined as the Central Community Area ("Sub-area A"), to ensure architectural compatibility with individually designated historic properties. ... Fencing: New and replacement fencing shall be built of wood similar to the early wood fencing, or other historically compatible design and materials. Fences and hedges shall otherwise conform with provisions of Section 4.20.050 .

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

The New Almaden Historic Preservation district is the "-h1" combining zone, and its fence material rule is Section 3.50.090(E)(7) of the Santa Clara County Zoning Ordinance: new and replacement fencing must be wood similar to the early wood fencing, or another historically compatible design and material. The same sentence sends every fence and hedge back to Section 4.20.050, so the material rule sits on top of the height rules.

Who is bound depends on the parcel. Subsection E makes its form, materials and color standards mandatory for all structures on properties on Priority Lists No. 1 and 2, unless an acceptable substitute is approved. Those lists (Tables 3.50-1 and 3.50-2) include the Casa Grande at 21350 Almaden Rd., the Toll Gate House at 21744 Almaden Rd., Helping Hand Hall at 21790 Bertram Rd. and St. Anthony's Church at 21800 Bertram Rd. On unlisted parcels the same standards are advisory, but design review or ASA approval can require specific materials as conditions. Properties in the Central Community Area (Sub-area A), next to the listed buildings, must show substantial conformance. Elsewhere in the district, Section 3.50.090(F)(2) accepts contemporary materials that approximate or resemble historic ones.

Height is the second layer. Under Section 4.20.050, urban residential districts cap fences at three feet within 20 feet of the front lot line and eight feet elsewhere, with hedges exempt from the eight-foot cap. Rural districts allow six feet within 20 feet of a street right-of-way and eight feet elsewhere. Anything taller goes through design review under Chapter 5.50.

Process: Section 3.50.030 requires design review for new structures and exterior changes in any "-h" district, but fences three feet or less in height are exempt. Referrals to the Historical Heritage Commission follow, and silence after 60 days counts as no opposition.

Violations & Fines

A non-compliant fence is a violation of the Zoning Ordinance and a public nuisance under Section 5.80.030. Zoning enforcement officers can issue citations and mail a notice of intent to record a notice of zoning violation, which gives the owner 30 days to request a meeting. Section 5.80.100 makes a violation an infraction, with each day a separate offense; the District Attorney can charge a misdemeanor, punishable by up to one year in County jail, a fine up to $1,000.00 per offense, or both. A violation can be cured by removal or a permit plus a land use violation fee.

Frequently Asked Questions

Do I have to build a wooden fence in New Almaden?
On a Priority List 1 or 2 property, new and replacement fencing must be wood similar to the early wood fencing, or another historically compatible design and material, unless a substitute is approved. On other parcels the standard is advisory, though design review or ASA approval can require it as a condition of your project.
How tall can a fence be in the New Almaden district?
Section 3.50.090(E)(7) sends fences and hedges to Section 4.20.050. In an urban residential district the limit is three feet within 20 feet of the front lot line and eight feet elsewhere. In a rural district it is six feet within 20 feet of a street right-of-way and eight feet elsewhere.
Does a low fence need design review in the -h1 district?
Section 3.50.030 exempts fences three feet or less in height from design review in any "-h" district, for listed and unlisted properties alike. A taller fence needs design review under Chapter 5.50, and the Historical Heritage Commission reviews the application before the hearing.
Who reviews a New Almaden fence application?
The zoning administrator or other approving authority examines samples of any substitute materials submitted with the application. Applications for design review or architecture and site approval are referred to the Santa Clara County Historical Heritage Commission, which holds a public hearing for the -h1 district and has 60 days to respond.
What happens if I build a non-compliant fence?
Zoning enforcement officers can cite you under Section 5.80.040 and record a notice of zoning violation against the property after a 30-day window to meet with them. You can fix it by removing the fence or obtaining the permit and paying the land use violation fee under Section 5.80.090.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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