Modesto follows the California Building Code permit exemption: fences 7 feet or less in height do not require a building permit. Anything taller needs a permit from the Building Safety Division.
The City of Modesto's Building Safety Division applies the California Building Code (CBC) Section 105.2 permit exemption: 'Fences 7' or less in height do not require a permit' (City of Modesto FAQ). This mirrors the statewide CBC §105.2(1) exemption for one-story fences not over 7 feet high. Fences taller than 7 feet, retaining walls over 4 feet (measured from the bottom of the footing to the top of the wall) unless supporting a surcharge, fences with electrical components, and pool barrier fences all require a building permit. Permit-exempt status does not waive zoning compliance: every fence must still meet MMC 10-4.406 height and material rules and 10-4.404 clear-vision triangle rules, and applicants should confirm setback compliance with the Planning Division (209-577-5267) before installation. Permits are issued by the Building Safety Division at 1010 10th Street, Suite 3100.
Installing a fence over 7 feet without a permit is a violation of MMC Title 9 (Building Regulations) and California Health & Safety Code §17920. Penalties include double permit fees for work performed without a permit, stop-work orders, and required removal or correction. Independent zoning violations can be cited even when no building permit was required.
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