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Aliso Viejo, CA Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Fence up to 10 feet above maximums
Exception permit approved by the director
Governing exception section
AVMC 15.74.070
Fence over 10 feet
City council site development permit, AVMC 15.74.020
Hearing
Public hearing required above 10 feet
Required findings
No traffic hazard; no material adverse effect on neighbors
Director referral
Any application can go to the city council case by case

Summary

In the City of Aliso Viejo, a fence higher than the § 15.14.030 maximums, up to 10 feet, needs an exception permit approved by the director under AVMC 15.74.070. A fence over 10 feet goes to the city council as a site development permit under AVMC 15.74.020 and requires a public hearing.

J. Increases in Height. Fences higher than the maximums set out in this section, up to a maximum of 10 feet, may be permitted if an exception permit is approved by the director pursuant to AVMC 15.74.070. Applications for fences exceeding 10 feet in height shall be reviewed by the city council as a site development permit, pursuant to AVMC 15.74.020, and shall require a public hearing. In addition to the findings required for approval of all exceptions, the following findings shall also be made in conjunction with approval of a fence height increase: 1. The height and location of the fence as proposed will not result in or create a traffic hazard; and 2. The location, size, design and other characteristics of the fence will not result in a material adverse effect on adjacent residents or their properties, including but not limited to any views available to such residents prior to construction of the proposed fence.

Full Breakdown

Aliso Viejo Municipal Code § 15.14.030(J) is the permit rule in the fence section. Fences higher than the maximums set out in the section, up to a maximum of 10 feet, can be approved only if the director approves an exception permit pursuant to AVMC 15.74.070. The maximums being exceeded are six feet in side and rear setbacks and 42 inches in front setbacks for single-family lots, and 42 inches within 10 feet of a street or alley right-of-way line for multifamily developments.

Applications for fences exceeding 10 feet in height are handled differently. They are reviewed by the city council as a site development permit, pursuant to AVMC 15.74.020, and require a public hearing. The director can also refer any fence height increase application to the city council if the director determines on a case-by-case basis that the public interest would be better served by that referral.

Approval is not automatic. In addition to the findings required for all exceptions, two findings are made for a fence height increase: the height and location of the proposed fence will not result in or create a traffic hazard, and its location, size, design and other characteristics will not result in a material adverse effect on adjacent residents or their properties, including views available to those residents before the fence was built.

Two related approvals sit nearby. City- or state-required sound attenuation walls bordering freeways, tollways or arterial highways can exceed six feet if a noise attenuation study recommends it and the director approves. Open railings up to 48 inches high on top of a wall need a height increase approved under subsection J. This section prints exception permit rules for taller fences; it does not itself state a building permit threshold for fences within the height limits.

Violations & Fines

Building a fence taller than the § 15.14.030 maximums in the City of Aliso Viejo without the exception permit or council approval violates the Municipal Code. Section 1.06.010 makes a code violation a misdemeanor unless otherwise specified, punishable by a fine of not more than $1,000 or imprisonment for not more than six months, or both. The city attorney can prosecute it as an infraction instead, and § 1.06.020 makes each day a separate offense. Section 1.06.060 allows administrative citations.

Frequently Asked Questions

When does a fence need a permit in the City of Aliso Viejo?
Section 15.14.030(J) requires an exception permit approved by the director when a fence is higher than the maximums in that section, up to 10 feet. Taller fences go to the city council as a site development permit. The section does not state a separate permit threshold for fences within the limits.
What findings does the city make for a taller fence?
Two, in addition to the findings required for all exceptions. The fence height and location must not create a traffic hazard, and its location, size and design must not cause a material adverse effect on adjacent residents or their properties, including views those residents had before construction.
Is a public hearing required for a tall fence?
For fences exceeding 10 feet in height, yes. The city council reviews them as a site development permit under AVMC 15.74.020 and a public hearing is required. For fences up to 10 feet the director decides the exception permit, unless the director refers it to the council.
Can the director send a fence application to the council?
Yes. Any application for a fence height increase can be referred by the director to the city council if the director determines on a case-by-case basis that the public interest would be better served by that referral. The council then acts on the application instead of the director.

Sources & Official References

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