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

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

Key Facts

Permit-exempt height
4 feet from grade, either side
Governing section
§ 15.04.050, Section 301.2.1(2)
Zoning cap, R1 side/rear yard
6 feet (8 feet abutting freeway)
Front-yard cap
3 feet in most zones
Violation type
Infraction or misdemeanor, per day

Summary

Westminster exempts masonry walls and fences of 4 feet or less, measured from grade on either side, from a building permit under Section 301.2.1 of the Administrative Code. Taller fences and walls fall outside that exemption and need a permit before construction, on top of any height limits the Zoning Code sets for the district.

301.2.1 Building permits. A building permit shall not be required for the following: ... 2. Masonry walls or fences not over 4 feet high from grade on either side. ... Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes or any other laws or ordinances of the City.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4982734; v10 updated 2026-06-10).

Full Breakdown

2 of the Uniform Administrative Code to list twelve kinds of work a homeowner can build without pulling a building permit. Item 2 on that list is "masonry walls or fences not over 4 feet high from grade on either side," so a wall or fence at or under that height in Westminster does not need a permit application to the Building Official. Cross that 4-foot threshold with a masonry wall or fence, and the exemption no longer applies; the project needs a full permit and plan review before work begins.

030, which caps fences and walls at 6 feet in R1 side and rear yards (8 feet where the property backs a freeway right-of-way), 8 feet in side and rear yards of other zoning districts, and generally 3 feet within a required front setback, with different limits for corner lots and flag lots. The code also warns that being exempt from a permit does not excuse the work from complying with the technical codes or any other city ordinance, so an exempt 4-foot fence still has to meet the zoning height table and materials standards even without a permit application.

Violations & Fines

Building a fence or wall taller than the 4-foot permit-exempt threshold without first obtaining a building permit is unpermitted construction under Section 205.1 of the Administrative Code, charged as an infraction or, at the City or District Attorney's discretion, a misdemeanor. Each day the unpermitted fence stands is a separate violation under Section 205.2, and the Building Official can require it be permitted retroactively or removed.

Frequently Asked Questions

How tall can my fence be in Westminster without a permit?
Up to 4 feet, measured from grade on either side, under Section 301.2.1(2) of the Administrative Code (§ 15.04.050). A masonry wall or fence at or below that height needs no building permit application, though it must still meet the Zoning Code's height and material rules.
Can I build a 6-foot fence in my backyard without a permit?
No. The permit exemption in § 15.04.050 tops out at 4 feet, so a 6-foot rear-yard fence, even though it may be allowed under the Zoning Code's 6-foot R1 height table in Section 17.300.030, still requires a building permit and plan review from the Building Official before construction.
What happens if I build an oversized fence without a permit?
It becomes unpermitted construction under Section 205.1 of the Administrative Code, chargeable as an infraction or a misdemeanor at the City or District Attorney's discretion, with each day the fence remains unpermitted counted as a new violation under Section 205.2.

Sources & Official References

Other rules in Westminster

All Westminster rules

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