Monterey, CA Fence Regulations: Fence Permit Requirements (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.
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?
Can I build a fence taller than 6 feet next to Highway 1?
Does a variance for a tall fence replace the building permit?
What happens if I build an oversized fence without approval?
Sources & Official References
Other rules in Monterey
California rules heatmap·Compare Monterey to another location·View the California fence regulations overview
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Fence Permit Requirements in Nearby Cities
How other cities in Monterey County handle fence permit requirements.