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

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

Key Facts

Front/street-side limit
4 feet, no permit
Rear/interior side limit
7 feet, no permit
Permit trigger
Fence over 7 ft or wall over 4 ft
Max with exception
9 ft rear/side on sloped lots
Excluded area
Downtown Mixed Use district
General penalty
Up to $500 fine per SRMC § 1.42.010

Summary

San Rafael lets homeowners build a 4-foot fence in front and street-side yards and a 7-foot fence in rear and interior side yards without a building permit. A building permit is required once a fence tops 7 feet or a retaining wall exceeds 4 feet, per San Rafael Municipal Code Section 14.16.140.

1.Permitted.a.Front and Street Side Yard Areas. The following may be located within the required front and street side yard:i.Fences and retaining walls not exceeding four feet (4′) in height, may be located within the front or street side yard setback, provided that the fence or wall shall not conflict with the sight distance requirements of Section 14.16.295; ... b.Rear Yard and Interior Side Yard. The following may be located within the required rear yard and interior side yard:i.Fences not exceeding seven feet (7′) in height may be located within the required rear yard or interior side yard;ii.Retaining walls not exceeding a height of four feet (4′) in height may be located within the required rear yard and interior side yard. ... e.Note: A building permit may be required for fences over seven feet (7′) in height and retaining walls over four feet (4′) or walls that support the adjacent hillside or property improvements, as determined by the building code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

140 of the zoning ordinance sets fence and wall standards for every residential district in San Rafael except the Downtown Mixed Use district, which follows the separate Downtown San Rafael Precise Plan Form-Based Code instead. 295 is preserved. In the rear yard or interior side yard, fences up to 7 feet and retaining walls up to 4 feet are permitted with no discretionary review. e flags that a building permit may be required once a fence passes 7 feet or a retaining wall passes 4 feet, or for any wall that supports adjacent hillside or property improvements, as determined by the building code.

24, a rear or interior side yard fence can rise to 9 feet where topography or a grade difference between adjoining lots justifies it, and a front or street-side fence can gain 2 extra feet to block a hazardous condition. Non-residential fences over 7 feet need an administrative environmental and design review permit. Replacing a nonconforming front-yard or street-side fence caps the rebuild at 6 feet (3 feet within the sight-distance vision triangle) and still requires whatever city permits apply, including an encroachment permit or license agreement if the fence sits within the public right-of-way.

Violations & Fines

Building or replacing a fence above the permit-triggering heights without first securing a building permit, or without the required administrative design review and exception for a taller fence, is a zoning violation the community development or building division can cite. Under the citywide penalty provision, San Rafael Municipal Code Section 1.42.010, a code violation may be charged as an infraction or misdemeanor, each punishable by a fine of up to $500, and a misdemeanor conviction can also carry up to 6 months in the Marin County jail.

Frequently Asked Questions

Do I need a permit for a 6-foot fence in my San Rafael backyard?
No. Fences up to 7 feet in a rear or interior side yard are permitted outright under Section 14.16.140.A.1.b, with no building permit or planning approval required, as long as sight distance at any driveway or intersection is preserved.
What height triggers a building permit for a San Rafael fence?
A building permit may be required once a fence exceeds 7 feet or a retaining wall exceeds 4 feet, or for any wall that supports adjacent hillside or property improvements, per the note in Section 14.16.140.A.1.e, as determined by the building official.
Can I build a fence taller than 7 feet in San Rafael?
Yes, up to 9 feet in a rear or interior side yard where topography or a grade difference between lots justifies it, but only with administrative design review and an exception approved under Chapter 14.24 first.
Does this fence rule apply to downtown San Rafael properties?
No. Section 14.16.140 expressly excludes the Downtown Mixed Use district, where fence and wall standards instead come from the Downtown San Rafael Precise Plan Form-Based Code.

Sources & Official References

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