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Tustin, CA Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Fence height exempt from permit
6 feet or less, Sec. 8101(f)
Exception
Swimming pool barriers, any height
Amended provision
CBC Section 105.2, Item 2
Same exemption list
Sheds under 120 sq ft, small above-ground pools
Violation track
General penalty, Sec. 1121

Summary

In the City of Tustin, most fences do not need a building permit. Sec. 8101(f) exempts fences up to six feet high from the permit requirement, the only exception being any fence built as a swimming pool safety barrier, which still needs one regardless of height.

(f)Section 105.2 "Work Exempt from Permit" of the 2025 California Building Code is amended to read as follows: ... 2.Section 105.2, "Building" Item 2 is amended to read:2.Fences, other than swimming pool barriers, not over 6 feet high.

Full Breakdown

Sec. 8101(f) amends Section 105.2, Work Exempt from Permit, of the adopted 2025 California Building Code, and Item 2 of that list is Tustin's fence rule: fences, other than swimming pool barriers, not over six feet high. Read against the rest of Section 105.2 as amended, that puts fence work in the same no-permit category as small detached accessory structures like tool sheds and playhouses under 120 square feet with no utilities, and above-ground prefabricated swimming pools under 18 inches deep and 5,000 gallons. The exemption is narrow in two ways.

First, it is a height cutoff: a fence taller than six feet still needs a permit under the general Building Code permit requirement, since the exemption only reaches fences at or under that line. Second, it carves out any fence that functions as a swimming pool barrier, meaning the safety fencing required around a residential pool needs a permit no matter how short it is, because pool barriers are excluded from the exemption by name. The exemption covers only the building permit itself; it does not excuse a fence from zoning setback rules, corner-lot visibility requirements, or any electrical or other permit that a gate opener or lighting might otherwise require, since exemption from a building permit under Sec. 8101 does not exempt other applicable permits where they apply.

Violations & Fines

Building a fence over six feet, or a pool safety barrier of any height, without first obtaining a permit is enforced as a building-and-safety-code violation under Sec. 1121: a first infraction fined up to $100, a second up to $500, and a third within a year up to $1,000, or prosecution as a misdemeanor carrying up to $1,000 and six months in the Orange County jail.

Frequently Asked Questions

Do I need a permit to build a fence in Tustin?
Not if it is six feet or shorter. Sec. 8101(f) amends the City's Building Code so that fences, other than swimming pool barriers, that are not over six feet high are exempt from the building permit requirement.
What if my Tustin fence is a pool safety barrier?
Sec. 8101(f) excludes swimming pool barriers from the fence exemption by name, so a fence that serves as your pool's required safety barrier needs a building permit regardless of its height.
Does Tustin's fence permit exemption cover anything besides the building permit itself?
No. The exemption in Sec. 8101(f) only excuses the fence from the building permit. It does not exempt the fence from Tustin's zoning height, setback or visibility rules, or from any separate electrical or other permit an added feature like lighting might require.

Sources & Official References

Other rules in Tustin

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