Downey, CA Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-exempt fences
- 42 inches or less in height
- Permit required above
- Any wall/fence over 42 inches
- Measured from
- Top of fence to finished grade
- Retaining walls exempt
- 4 ft or less from footing
- Issuing authority
- Building Official, Section 8999.28(a)
Summary
Downey requires a building permit before constructing most walls and fences under Municipal Code Section 8999.28(a). The only fence-specific exemption is for walls or fences up to 42 inches high; anything taller needs Building Official approval before work begins, alongside separate zoning limits on where and how tall a fence can be.
(a) Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (b) Work Exempt from Permit. Exemptions from permit requirements of the codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: (1) Building: ... (ii) Walls/Fences not over forty-two inches (42″) (1,067 mm) high measured from the top wall/fence to highest finished grade.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4807734; v5 updated 2026-01-27).
Full Breakdown
28(a) requires any owner or authorized agent who intends to construct, enlarge, alter, or repair a structure to first apply to the Building Official and obtain a permit before beginning work, and this general permit requirement covers walls and fences along with buildings. Subsection (b) lists the narrow set of projects exempt from that requirement, and item (b)(1)(ii) specifically exempts walls and fences not over forty-two inches high, measured from the top of the wall or fence to the highest finished grade. Any wall or fence built above that 42-inch threshold, measured the same way, falls outside the exemption and needs a building permit before construction, regardless of the material used.
The exemption sits alongside a separate carve-out for retaining walls: those are also permit-exempt only if they are four feet or less in height measured from the bottom of the footing to the top of the wall, unless the wall supports a surcharge or holds back Class I, II, or IIIA liquids. 08. Separately, Section 23779 lets the Building Official approve a temporary construction fence for up to one year without requiring a Temporary Use of Land Permit, extendable for good cause.
Violations & Fines
Building a fence taller than 42 inches without first obtaining a building permit from the Building Official violates Section 8999.28(a) and can result in a stop-work order, a Code Enforcement citation, and a requirement to obtain a permit retroactively or remove the unpermitted structure. Because the permit exemption only covers height, an owner cannot rely on it to skip the zoning height, material, and setback standards in Section 9520.08.
Frequently Asked Questions
Do I need a permit to build a 6-foot backyard fence in Downey?
How is the 42-inch exemption height measured?
Does a permit-exempt fence still have to follow the zoning height rules?
Sources & Official References
Other rules in Downey
California rules heatmap·Compare Downey to another location·View the California fence regulations overview
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