San Bernardino, CA Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-exempt height
- fences up to 6 feet
- Masonry/concrete exempt to
- 3 feet above grade
- Masonry design standard
- Building Official-approved or engineered
- Governing section
- SBMC § 15.04.070
- Exemption does not waive
- Development Code fence rules
- Chapter effective
- Ord. MC-1433, 12-21-2016
Summary
San Bernardino exempts only fences up to 6 feet, and masonry or concrete fences up to 3 feet, from needing a building permit under Municipal Code § 15.04.070. Anything taller, or a taller masonry wall, needs a permit and Building Official review before construction starts.
§ 15.04.070 CBC CHAPTER 1, SECTION 105.2, ITEM 2 IS AMENDED - FENCES NOT REQUIRING A BUILDING PERMIT.
2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Supplement contains: Local legislation current through Ord. MC-1666, passed 8-5-2026).
Full Breakdown
2, Item 2, to set San Bernardino's own permit-exemption line for fences: a fence not over 6 feet high is exempt from the building permit requirement, but a concrete or masonry fence is exempt only up to 3 feet above grade, reflecting the added structural risk of a taller masonry wall. Any masonry fence that is built, whether under the exemption or with a permit, must follow 'the standard design specifications approved by the Building Official,' unless the owner submits and gets approval for an alternate engineered design instead.
The section is explicit that skipping the building-permit step is not a green light to ignore other rules: exemption 'shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards,' so a homeowner who skips the building permit on a 5-foot wood fence can still be cited for a Development Code setback or height violation handled separately from this permit rule.
The exemption language was added by Ord. MC-1433 on December 21, 2016, and the chapter has been amended three times since, most recently by Ord. MC-1643 on October 2, 2024.
Violations & Fines
Building a fence over the 6-foot general threshold, or a masonry/concrete fence over 3 feet, without first obtaining a building permit violates § 15.04.030's rule that no structure may be built without complying with the appropriate Building Code provisions. That is enforced as a misdemeanor under the city's general penalty, § 1.12.010(A): up to $1,000 in fines, six months in county jail, or both, with each day the unpermitted fence stands potentially charged separately.
Frequently Asked Questions
How tall can my fence be in San Bernardino without a permit?
Does a permit-exempt fence still have to meet design standards?
If my fence doesn't need a building permit, can it still violate the code?
Sources & Official References
Other rules in San Bernardino
California rules heatmap·Compare San Bernardino to another location·View the California fence regulations overview
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Fence Permit Requirements in Nearby Cities
How other cities in San Bernardino County handle fence permit requirements.