Under California Building Code Section 105.2 (Item 2), as adopted by Napa County Code Title 15, fences not over 6 feet (or 7 feet, depending on the CBC edition currently adopted) do not require a building permit. Taller fences, masonry walls over 4 feet measured from the bottom of the footing, and any fence that retains earth (retaining wall) require a building permit from Napa County PBES. Even permit-exempt fences must comply with Title 18 zoning standards, sight-distance rules, and any homeowners-association CC&R restrictions.
Napa County's fence-permit framework comes from California Building Code Section 105.2, which is adopted into Napa County Code Title 15 (Buildings and Construction). Item 2 of Section 105.2 exempts fences not over 6 feet in height from the building permit requirement; the 2022 edition raised this threshold to 7 feet for some configurations, and Napa applies whichever threshold is current. Masonry walls and retaining walls have a separate threshold: walls not over 4 feet in height measured from the bottom of the footing to the top of the wall are typically exempt, but anything taller, or any retaining wall holding a surcharge (e.g., a structure or significant slope above), requires a permit and engineered design. Fences in special districts - such as the Coastal Zone, hillside overlay districts, or scenic-resource overlays - may face additional design or visual-impact review. Within incorporated cities (Napa, St. Helena, Calistoga, Yountville, American Canyon) the city's own building department issues fence permits when required, and city zoning rules can be more restrictive than the County's. Pool barriers are governed separately by California Building Code Section 3109 and California Health & Safety Code Section 115920 et seq. (Swimming Pool Safety Act), which requires a 60-inch barrier with self-closing, self-latching gates around any pool deeper than 18 inches; these are reviewed and inspected as part of the pool permit. The Good Neighbor Fence Act (Cal. Civ. Code 841) governs cost-sharing between residential neighbors; it does not affect whether a permit is required. Where a building permit is required, plans showing materials, height, post sizing, and footings must be submitted to PBES; inspections typically include footing inspection (before backfill) and final.
Constructing a fence or wall that exceeds the permit-exempt threshold without a permit is a violation of California Building Code Section 105.1 and Napa County Code Title 15, enforceable by PBES Code Compliance. Typical remedies include a stop-work order, an order to obtain a permit-after-the-fact (often with double fees), and inspection of the existing work to verify structural compliance. Unpermitted retaining walls are particularly serious because failure can damage adjacent property and risk personal injury. Fences placed within sight-distance triangles or in violation of Title 18 setback or front-yard height rules can be cited even when they are below the permit-exempt threshold. Civil disputes between neighbors over shared fences are handled separately under Cal. Civ. Code 841.
Napa County, CA
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