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Monterey, CA Fence Regulations: Fence Permit Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base fence/wall height
6 feet citywide; 4 feet on reverse corner lots
Highway 1 variance max height
10 feet above existing grade
Approval path for taller fences
Zoning Administrator variance, then Building Division permit
Corner-lot review
Traffic Committee checks the 30-foot sight-line area
Violation penalty
Misdemeanor; each day is a separate offense
Appeal path
Article 27 appeals to Planning Commission or City Council

Summary

Monterey caps fences and walls at six feet citywide under Sec. 38-22(D)(10), dropping to four feet in a required front or side yard on a reverse corner lot, and that height is by-right with no discretionary review. Only a fence exceeding six feet next to Highway 1 needs a Zoning Administrator variance and, once granted, a Building Division permit before installation.

10. Fences and Walls.The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. ... 9.Variances for fence and wall heights above 6 feet adjacent to Highway 1 where all of the following determinations can be made: ... f.The fence or wall that exceeds 6 feet in height must be able to conform to all requirements of the Building Division and receive a building permit prior to installation. ... B.Unless otherwise provided, any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and each day or partition thereof that such violation is in effect shall be a new and separate offense. Violators shall be subject to the penalties prescribed by law as set forth in MCC §1-1.06, including prosecution by the City Attorney for abatement, removal and enjoinment of any violation in the manner provided by law.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

Monterey caps fence and wall height at six feet everywhere in the city under Sec. 38-22(D)(10), dropping to four feet in a required front or side yard on a reverse corner lot. A fence at or under that limit is a by-right structure: no discretionary permit is needed, though corner-lot fences still go to the Traffic Committee for a sight-line check within the 30-foot corner cut-off area that keeps drivers from being blocked at an intersection. Anything taller needs approval. Sec. 38-153(C) lets the Zoning Administrator hear fence-height variances, and item 9 sets out a specific path for fences and walls above six feet directly adjacent to Highway 1: the property must be zoned and used residentially, the extra height must function as a sound barrier reducing highway noise transfer, the fence's Highway 1-facing side must not detract from the highway's appearance, an earth berm and landscaping must soften the perceived height, and the wall or fence cannot exceed ten feet above existing grade.

Even after the Zoning Administrator grants that variance, criterion (f) requires the owner to separately satisfy the Building Division and pull a building permit before installation begins; the variance alone does not authorize construction. Denials of the variance or the underlying zoning permit can be appealed under Article 27. Fences built without the required variance or without the Building Division permit are treated as unlawful zoning-ordinance violations, not a paperwork oversight.

Violations & Fines

Sec. 38-222 makes any structure erected, altered, or maintained contrary to the zoning ordinance, including a fence over six feet built without an approved variance and building permit, "unlawful and a public nuisance." The City Attorney can sue to force removal or restrain the work, and the ordinance treats every violating structure as a continuing offense: each day it stays up is "a new and separate offense," a misdemeanor punishable under the penalty schedule in MCC § 1-1.06.

Frequently Asked Questions

Do I need a permit for a 6-foot fence in Monterey?
No. Sec. 38-22(D)(10) sets six feet (four feet on a reverse corner lot's front or side yard) as the maximum height allowed without discretionary review. Fences at or under that height are by-right, though a corner-lot fence still goes to the Traffic Committee to confirm it does not block sight lines within the required 30-foot intersection cut-off area.
Can I build a fence taller than 6 feet next to Highway 1?
Only with a Zoning Administrator variance under Sec. 38-153(C)(9). The property must be residential and directly adjacent to Highway 1, the extra height must reduce highway noise as a sound barrier, an earth berm and landscaping must soften its appearance, and the fence cannot exceed 10 feet above grade. A Building Division permit is still required before installation.
Does a variance for a tall fence replace the building permit?
No. Criterion (f) of Sec. 38-153(C)(9) states the fence or wall exceeding six feet "must be able to conform to all requirements of the Building Division and receive a building permit prior to installation," so the variance and the permit are two separate, sequential approvals.
What happens if I build an oversized fence without approval?
Sec. 38-222 declares it an unlawful public nuisance. The City Attorney can sue to compel removal, and the code makes each day the unpermitted fence remains a separate misdemeanor offense, with penalties set under MCC § 1-1.06.

Sources & Official References

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