Santa Clara County, CA Fence Regulations: Material Restrictions (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.
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 .
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?
How tall can a fence be in the New Almaden district?
Does a low fence need design review in the -h1 district?
Who reviews a New Almaden fence application?
What happens if I build a non-compliant fence?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California fence regulations overview
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