Most residential fences in unincorporated San Benito County need no building permit, because the California Residential Code exempts fences up to 7 feet and retaining walls up to 4 feet. Fences must still meet the County's zoning height and location standards in Section 25.07.013, and taller or grade-related fences may need planning review.
San Benito County enforces the California building codes through its Building Division. Under the California Residential Code (CRC Section R105.2) and California Building Code (Section 105.2), which the county adopts, a building permit is generally not required for a fence not over 7 feet high or for a retaining wall not over 4 feet in height measured from the bottom of the footing to the top of the wall (unless it supports a surcharge or impounds flammable liquids). A building permit being unnecessary does not waive zoning compliance: every fence must still satisfy the height and location standards of County Code Section 25.07.013 (3 feet in front yards, 6 feet in side/rear yards, with Tables 25.07-J and 25.07-K applying by zone) and the sight-distance rules of Section 25.29.013. Increasing a fence above the base height, or building one in a zone or location subject to development review, can require discretionary planning approval from the Resource Management Agency. Property owners should confirm requirements with the San Benito County Building and Planning Division before construction, since exact thresholds depend on wall type, height, and whether a structure is engineered.
Building a fence or retaining wall that exceeds the code-exempt thresholds without the required building permit, or that violates the zoning height and location standards, can result in stop-work orders, required permitting or removal, and code-enforcement penalties imposed by the county.
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See how San Benito County's permit requirements rules stack up against other locations.
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