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San Clemente, CA Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Front/street-side max with permit
6 ft via Minor Exception Permit
Rear-yard recreation enclosure max
over 6 ft via CUP
Minor Exception Permit section
SCMC § 17.16.090
Conditional Use Permit section
SCMC § 17.16.060
Governing fence section
SCMC § 17.24.090(C)(2)

Summary

Raising a San Clemente fence, wall or hedge above the standard limit takes a discretionary permit. A Minor Exception Permit covers a front or street-side yard fence raised to 6 feet, while a Conditional Use Permit is required in the rear half of a lot for enclosures over 6 feet around tennis courts or similar private recreation areas.

2.Exceptions.a.A Minor Exception Permit is required to allow the height of a fence, wall or hedge in front yards and street side yard setback areas (within five feet of property line) to be increased to a maximum of six feet per Section 17.16.080, Minor Exception Permits.b.A Conditional Use Permit is required to allow the height of a fence, wall, or hedge in the rear half of a lot to exceed six feet when the fence, wall, or hedge encloses tennis courts, other similar recreational areas, or private screened outdoor areas, per Section 17.16.060, Conditional Use Permits.c.Required Findings. In addition to the general findings required for permits, the following specific findings shall be made to allow height exceptions for fences, walls, or hedges:i.The height of the fence, wall or hedge will not be unsightly or incompatible with the character of or uses in the neighborhood;ii.The height of the fence, wall, or hedge will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveways.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

090(C)(2) sets two separate permit paths for exceeding the residential fence height table. 090. 060. Either application must satisfy the general findings required for that permit type plus two fence-specific findings: the taller fence, wall or hedge cannot be unsightly or incompatible with the character or uses of the neighborhood, and it cannot create negative visual impacts on the street scene or block views of traffic entering and leaving driveways. 12 development review process, including public notice and the standard appeal path to the next review authority. Without one of these permits, a fence over the base table height in these areas is unauthorized construction regardless of the materials used.

Violations & Fines

Building or maintaining an oversized fence without the required Minor Exception Permit or Conditional Use Permit is a Municipal Code violation. Section 1.16.010 makes most code violations misdemeanors, punishable by a fine up to $1,000 and up to six months in county jail, or infractions carrying escalating $100, $200 and $500 fines for repeat offenses within a year; each day the fence remains up is a separate offense.

Frequently Asked Questions

Do I need a permit to build a 6-foot fence in my San Clemente front yard?
Yes. Front yards and the inner 5 feet of a street-side yard are capped at 3 feet 6 inches by default, so reaching 6 feet requires an approved Minor Exception Permit under Section 17.16.090 plus findings that the taller fence will not be unsightly or block views of driveway traffic.
Can I build a fence over 6 feet around my backyard tennis court?
Only in the rear half of the lot, and only with a Conditional Use Permit under Section 17.16.060. Section 17.24.090(C)(2)(b) limits this exception to fences, walls or hedges enclosing tennis courts, similar recreational areas or private screened outdoor areas.
What findings does the City require to approve a taller fence?
Beyond the general permit findings, Section 17.24.090(C)(2)(c) requires the reviewing authority to find the taller fence will not be unsightly or incompatible with the neighborhood's character, and will not create negative visual impacts on the street scene or obstruct views of traffic to and from driveways.

Sources & Official References

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