Santa Clara County, CA Fence Regulations: Permit Requirements (2026)

For the unincorporated county, fences that comply with the height limits of Zoning Ordinance Section 4.20.050 do not require a discretionary planning permit. The ordinance lists fences three feet or less in height among structures that are expressly exempt from the design review process. Fences that exceed the standard height limits, or fences in '-d' design review and '-sr' scenic road combining districts, are subject to the design review provisions of Chapter 5.50 and may require approval before installation. Beyond zoning, the building-permit question is governed by the California Building Code, which the County administers through its Building Inspection program. Under the statewide code, a building permit is generally not required for a fence that is not over 7 feet high; fences taller than that, and masonry or retaining walls supporting a surcharge, require a permit. Because rules can vary with district, combining-district overlays, and site conditions, property owners should confirm requirements with the County Department of Planning and Development before building. The County's Building program issues permits and confirms compliance with zoning standards. These requirements apply only in unincorporated areas; each incorporated city in the county runs its own permitting.