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

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

Key Facts

Exempt height, non-masonry
7 feet or less in total height
Exempt height, masonry
6 feet or less for stone, masonry or concrete
F3 overlay district
Building Permit required for all fences and walls
Zoning section
Section 19.20.040, Fences, Walls, and Hedges
Extra height
Design Review approval under Section 19.42.030
Retaining wall exemption
4 feet or less, retaining 3 feet or less of material

Summary

In the City of Novato, a fence needs no building permit when it is 7 feet or less in total height and built of anything other than stone, masonry or concrete, or 6 feet or less when built of stone, masonry or concrete. Every fence and wall in the F3 flood hazard overlay district requires a Building Permit.

106.2 Work exempt from permit. ... Permits shall not be required for the following: ... 2.Fences constructed of anything other than stone, masonry or concrete, not over 7 feet in total height. Fences constructed of stone, masonry or concrete, not over 6 feet in total height. ... A.Applicability.1.All Fences, Walls, and Hedges. The provisions of this Division apply to all fences, walls, and hedges, unless otherwise stated.2.Fences and Walls in the Flood Hazard (F3) Overlay District. All fences and walls in the F3 overlay district shall require a Building Permit, and shall comply with all requirements of the F3 overlay district in addition to the requirements of this Section.

Full Breakdown

Two provisions decide whether a Novato fence needs a permit. Section 106.2 of the building administrative provisions (Novato Municipal Code § 4-1.3) lists, as item 2 among work that needs no permit, fences built of anything other than stone, masonry or concrete not over 7 feet in total height, and fences of stone, masonry or concrete not over 6 feet in total height. A taller fence falls under the Section 106.1 duty to apply to the building official and obtain a permit first. Section 106.2 adds that an exemption never authorizes work that violates the code or other laws or ordinances of the City.

The zoning rule in Section 19.20.040 applies separately. Subsection A.1 states that its provisions apply to all fences, walls and hedges unless otherwise stated. Subsection A.2 requires a Building Permit for all fences and walls in the Flood Hazard (F3) overlay district, along with compliance with the overlay requirements. Subsection A.3 exempts fences or walls required by a state or federal agency or by the City for public safety, and leaves retaining walls to Section 19.20.100.

A permit exemption does not lift the height limits in Table 3-1 of Section 19.20.040. The table sets 6 ft within side and rear yard setbacks, with footnotes that allow up to 8 feet in specified open-design or setback cases, and 3 ft at intersections of alleys, streets and driveways within sight visibility areas. Additional height can be authorized through Design Review approval under Section 19.42.030.

Retaining walls have their own building-code line. Item 3 of Section 106.2 exempts retaining walls not over 4 feet in height, measured from the bottom of the footing to the top of the wall, that retain not more than 3 feet of material, unless they support a surcharge or impound Class I, II or IIIA liquids.

Violations & Fines

Building a fence that needs a permit without one is unlawful under Section 114.1. Section 114.7 counts each day of continued violation as a separate offense and makes the violation a public nuisance subject to abatement under Chapter 1-6. Administrative penalties for construction-code infractions are $100, $500 and $1,000 under Section 1-7.4(c), and Section 109.6 adds an investigation fee for work begun without a permit.

Frequently Asked Questions

How tall can a fence be in Novato without a permit?
Section 106.2 item 2 exempts fences of anything other than stone, masonry or concrete up to 7 feet in total height, and fences of stone, masonry or concrete up to 6 feet. Taller fences need a building permit, and the zoning height limits in Section 19.20.040 still apply to every fence.
Do I need a permit for a fence in a flood zone?
Yes, if the property is in the Flood Hazard (F3) overlay district. Section 19.20.040.A.2 says all fences and walls in the F3 overlay district shall require a Building Permit, and they must also meet every requirement of the overlay in addition to the fence standards.
Does a permit exemption let me ignore the height limits?
No. Table 3-1 in Section 19.20.040 sets maximum heights by location, including 6 ft within side and rear yard setbacks and 3 ft at intersections of alleys, streets and driveways within sight visibility areas. Section 106.2 also says exemption from permits never authorizes work that violates any other law or ordinance.
Can I build a taller fence in Novato?
Additional height can be authorized through Design Review approval under Section 19.42.030, according to note 1 to Table 3-1. Note 2 also allows fences and walls up to 8 feet within 3 feet of a side or rear property line when the portions above six feet are of an open design.

Sources & Official References

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