Fences & Retaining Walls | City of San José

For single-family & duplex properties
For other properties, see Start Your Project
Updated: 04/15/2026

Referenced Codes
California Building Code 105.2
Municipal Code Chapter 20.30, Part 6 and 17.24 - fences
Municipal Code Chapter 20.30, Part 5 - retaining walls

A building permit is not required to construct a fence or retaining wall unless the project exceeds the maximum heights set forth in the municipal code. Exceeding the height limit means the project will also require a Planning permit and, for retaining walls, an additional permit from Public Works.

DEFINITIONS

A fence is a barrier, railing, or upright structure that marks a boundary and controls access. It is typically constructed of wood, chain link, wrought iron, decorative steel, masonry, concrete or other similar types of materials. Barbed wire or other harmful materials are not allowed.

A retaining wall is a structure that holds or retains soil behind it. It may be constructed of wood, masonry, concrete, metal, or other material.

When is a Permit Required?

These height restrictions determine whether your project requires a permit:

Fence Height Restrictions

If the fence is higher than these limits, you must apply for both a building permit and a planning permit.

Maximum allowable fence height without a permit:

Front yard - 3 feet maximum
Side yard - 7 feet maximum
Rear yard - 7 feet maximum

On corner lots:

Front yard along the street - 3 feet maximum
Side yard along the street - 3 feet maximum
Rear and side yards not along the street - 7 feet maximum*

* Rear and side fence heights must be low enough to provide sightlines to the street from the driveway.

On irregular-shaped lots or lots in planned development (PD) zones:

Different height restrictions may apply. For assistance: Submit a Help Ticket to Planning or speak with a City Planner — see Planning Division Phone Service.

Diagram of Fence Height Restrictions for a Single-Family Lot

A corner lot diagram with fence heights of 3-foot max height along streets and 7-foot max height along rear or side yards abutting another property

Setback requirements

Setbacks are the required open area between a property line and a building or structure. Setbacks vary by zoning district, and there may be exceptions for irregular-sized lots.

Zoning District	Front Setback	Rear Setback
R-1-8	20'	20'
R-1-5	20'	20'
R-1-2	30'	25'
R-1-1	30'	25'
R-1-RR	50'	30'
R-2	15'	25'
RM	10'	25' interior/15' corner
R-MH	15'	25' interior/15' corner

Retaining Wall Height Restrictions

If the retaining wall is greater than 2 feet in height as measured from existing grade, a building permit is required and other permits are required as follows:

For properties in a planned development (PD) zoning district, you will need to apply for a Planned Development Permit from the Planning Division. Find your zoning on the Zoning Map.
For properties in all other zoning districts, you will need to apply for a Special Use Permit from the Planning Division.
If the wall supports a surcharge and/or measures 4 feet or more as measured from bottom of the footing to the top of the wall, you will need a Grading Permit from Public Works.

Surcharge Definition - A surcharge is the pressure from earth or fill acting upon the retaining wall with a back slope of 3:1 or greater (3’ horizontal to 1’ vertical). Examples of surcharge include soil that slopes into the retaining wall; structure footings supported by the retained soil; or adjacent vehicle loads supported by retained soil.

For assistance:
Planning Division
Submit a Help Ticket to Planning
Or speak with a City Planner — see Planning Division Phone Service.

Public Works
Email: PWGeneralinfo@sanjoseca.gov
Or call 408-535-3555

If the project exceeds the height restrictions, you must get a permit. Follow these instructions:

Design Considerations

Important: Read the common Design Considerations before you create any plans or start a project. These can affect the design, location, and permitting of the project.

Get Ready to Apply

Who can apply? We recommend that the applicant be a licensed contractor. See Who Can Apply for a Building Permit for others who may apply. Whoever signs the building permit application is responsible and potentially liable for all activity under the permit. See Owner-Builders Beware!

SJPermits can help. At SJPermits.org, you can pay fees, schedule inspections, check the status of a permit, and find permit records and property information. An SJPermits account is required only if you are applying for an online permit or for projects that require Standard Plan Review.

Permit Fees

Find fee information and payment methods at Building Fees.

Prepare the Permit Application Package

Who can prepare plans? While some plans may be prepared by anyone, we recommend working with professionals. Inaccurate plans will require resubmittals and more fees. Accurate plans save time and money. See Plans That Require an Architect or Engineer.

Forms may require digital signatures. See Digital Forms & Signatures for help.

REQUIRED

> Building Permit Application - See instructions.

> Single-Family & Duplex Projects Submittal Checklist - Under Project Scope, check "Other" and enter "Fence" or "Retaining Wall"

> Project Plans - Follow the general instructions for creating plans at Single-Family & Duplex Projects - Plan Set Instructions. The required plans include:

Site plan, show:

Shape and dimensions of the lot and any easements
All existing structures and the distance (setbacks) to property lines
Measurements of any overhangs
Location of proposed fence or retaining wall and distances to the property line and to any structures on the lot.

Fence plan or retaining wall plan, show:

Dimensions of the proposed fence or wall
Gate locations, if applicable
Fire-resistant construction details, if applicable
Sizes, grade of materials, and on-center spacing of the structural members, including posts

Elevations:

An elevation is a view of the project as if looking at it straight ahead, drawn to scale.
Show an elevation for fencing or wall as proposed at front, side and/or rear property lines. Mark the elevation as to which property line it is proposed for.

IF APPLICABLE per Design Considerations

> Geologic Hazard Clearance

> Grading Permit Application

> Historic Preservation Permit, Adjustment, or Amendment

> Owner-Builder Acknowledgement and Verification of Information Form - Submit if the property owner is the permit applicant.

> Tree Removal Permit Application

> This project may be subject to a refundable Construction and Demolition Diversion Deposit (CDDD).

How to Apply

Use the Standard Plan Review Service.

Standard Plan Review Service

For the submittal, see “Prepare the Permit Application Package.”

This service uses online platforms. You will first apply at SJPermits and then upload documents through SJePlans. A City plan reviewer will review the plans and send comments to the ePlan Applicant through SJePlans. After the plans are approved and final fees are paid, then the building permit will be issued. Follow these instructions:

* Standard Plan Review Service *

How long will plan review take? See Plan Review Time Frames.

We look forward to serving you.

Inspections

You will be issued a Permit Card that lists required inspections. Schedule inspections at SJPermits.org or call 408-535-3555 for assistance.

Be ready — read Inspection Success.

The Permit Card must always be on-site and available to the Inspector.
Have building plans and manufacturer instructions, if any, available.
Ensure there is access to all areas of the project work; provide a ladder if one is needed.

Questions?

We are here to help — visit, call, or email us. See Contacts sidebar.