A fence in unincorporated Santa Barbara County is exempt from a Planning Permit if it is 6 ft or less in a front setback (or within 20 ft of a street ROW) or 8 ft or less elsewhere. Above those heights a Minor Conditional Use Permit, Land Use Permit, or Coastal Development Permit is required, depending on zone and location.
LUDC § 35.30.070(C) and Tables 3-1 and 3-2 organize permit triggers by fence location. In non-agricultural zones (Table 3-1): exceeding the exempt height within a required setback requires a Minor Conditional Use Permit; exceeding the 8-ft cap outside any required setback requires a Coastal Development Permit or Land Use Permit. In agricultural zones (Table 3-2): exceeding the exempt heights triggers a Land Use or Coastal Development Permit rather than a CUP. Within the Coastal Zone, a fence is exempt only if it is (a) not within or adjacent to a wetland, beach, ESHA, or within 50 feet of a coastal bluff; (b) does not impair public beach or trail access; and (c) does not significantly impact scenic views (Table 3-1, note 1). If any of those conditions is unmet, a Coastal Development Permit under LUDC § 35.82.050 is required. Up to 10% of a fence's linear length may exceed the otherwise-exempt height if the review authority finds topographic or unavoidable conditions justify it (§ 35.30.070(C)(3)). Separately, the County building permit exemption tracks California Building Code § 105.2 as locally amended in Chapter 10 of the County Code: wood fences not over 8 feet high and other-material fences not over 6 feet high are exempt from a Building Permit, but a Planning Permit may still be required.
Constructing a fence above the exempt height without the required CUP, LUP or CDP is a zoning violation under LUDC Article 35.10, subject to notice of violation, administrative civil penalties, stop work orders, and after-the-fact permit fees. Coastal Zone violations may also be referred to the California Coastal Commission, which can independently order removal and assess penalties under Public Resources Code § 30820.
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