Bellingham exempts fences not over 8 feet (2,438 mm) in height that do not have masonry or concrete elements above 6 feet from a building permit, per the Construction Administrative Code adopted in BMC 17.10.020 and the Washington State Building Code (WAC 51-50). Fences over 8 feet (or with masonry/concrete elements above 6 feet) require a building permit through the Bellingham Permit Center. Land use height limits in BMC 20.30.110 apply to all fences, even those exempt from a building permit, and exceeding those height limits requires an administrative exception approved by the planning and public works directors.
BMC Chapter 17.10 adopts the Washington State Building Code under Chapter 51-50 WAC, including the 2021 International Building Code and the 2021 International Residential Code with Washington amendments (effective March 15, 2024 per City of Bellingham Construction Codes). The Construction Administrative Code adopted in BMC 17.10.020 governs permit administration and incorporates the building-permit exemption thresholds: fences not over 8 feet in height that do not have masonry or concrete elements above 6 feet do not require a building permit. The City of Bellingham Permit Center publication 'Fences, Walls and Hedges' confirms that 'fences and walls located within land use setbacks have height restrictions set by the land use code that require compliance even if a building permit is not required.' Where a fence exceeds the BMC 20.30.110 height limits, the applicant must submit (1) a site plan showing the location of the proposed fence and all buildings within 50 feet, and (2) an illustrative drawing of the fence including construction material and proposed height; the planning and public works directors must find the fence will not be detrimental to the neighborhood in terms of view, light, and air, nor injurious to traffic safety. Under RCW 19.27 (State Building Code Act), Bellingham cannot adopt amendments that weaken the Washington State Building Code.
Constructing a fence over 8 feet (or with masonry/concrete elements above 6 feet) without a Bellingham building permit violates BMC 17.10.020 and the Washington State Building Code (WAC 51-50). Building a fence above the BMC 20.30.110 yard height limits without an approved administrative exception violates Title 20. Exceeding 36 inches within the BMC 20.12.060 vision clearance triangle is a sight-distance violation regardless of permit status.
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