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Whether you need a permit to build a fence on the Peninsula comes down to three things: which city your lot is in, how tall the fence will be, and what it stands on. Most ordinary backyard fences need no permit at all. The trouble starts when a fence is taller than the local line, sits on a retaining wall, or runs along a street corner.
Cover photo by Chris F on Pexels
Do you need a permit to build a fence on the Peninsula?
Usually not, provided the fence stays within your jurisdiction’s height limits. Daly City, the City of San Mateo and unincorporated San Mateo County each set a different threshold, and each measures a little differently, so a fence that’s fine in one place can need paperwork a few miles away.
Here’s how the three compare for a standard residential fence.
| Where | No permit needed up to | What that covers |
|---|---|---|
| Daly City | 6 feet | Fences that don’t exceed the city’s six-foot height limit |
| City of San Mateo | 7 feet | Fences that also comply with the zoning rules, including the lower front yard limit |
| Unincorporated San Mateo County | Any height the zoning allows | Wooden or chain-link fences that meet zoning; 4 feet in front, 6 feet on the sides and rear |
Notice that a permit threshold and a legal height limit aren’t always the same number. In San Mateo, for example, you can be under the permit line and still break a front yard rule.
Fence permit rules in Daly City
In Daly City, you don’t need a permit for a fence that stays within the six-foot height limit. The City of Daly City’s fence FAQ describes its approach as a “good neighbor” policy: the city doesn’t require fences, and it leaves most of the practical questions to the owners on either side.
That means a standard six-foot wood fence along a rear property line is a weekend job, not a planning application. Go taller and you’ll need a permit to build a fence in Daly City.
Daly City also publishes a “Fences and Retaining Walls” PDF, linked from that same FAQ page. If your project involves a wall, or a front yard fence where you want to be certain of the allowed height, the Building Division at City Hall, 333 90th St., can confirm the details by phone at 650-991-8000.
Fence permit rules in the City of San Mateo
San Mateo’s rules live in Title 27 of its Zoning Code, Section 27.84, and they’re more detailed than Daly City’s. The City of San Mateo’s fence page says fences of seven feet or lower that comply with the fence regulations don’t require a permit, while anything over seven feet above grade does.
Those two numbers, seven feet for permits and a lower height for most yards, are what trip people up. Complying with the regulations is the part that matters.
Height limits by yard
In a single-family front yard, fences and hedges up to three feet are permitted. That’s low enough to surprise anyone planning a privacy screen at the street.
Side and rear yards allow six feet. You can go to eight feet only if the adjacent neighbor agrees and the portion between six and eight feet is at least 50% open, using lattice material.
Because permits are required above seven feet, an eight-foot fence built under that neighbor-agreement rule means a permit to build a fence as well.
Corner lots and visibility
Corner lots carry tighter limits. A fence in the street-side yard can be no taller than three feet, and so can any fence or planting inside a 45-foot triangle measured from the intersection, which keeps drivers able to see around the corner.
The street-side yard is the strip within 7.5 feet of the side-street property line, or 15% of the lot width, whichever is greater. In most single-family areas it tops out at 15 feet. In San Mateo Park, the Grammercy Drive Area and Crystal Springs Estates the maximum is 25 feet.
On a corner lot, in other words, the tall privacy fence you pictured may only be possible along part of your lot.
Fence rules in unincorporated San Mateo County
If your address isn’t inside a city, the county’s rules apply, and they’re stricter in front. San Mateo County Planning and Building says that generally, in all zoning districts, a fence may not be more than four feet high in the front of your property. On a corner lot, the limit is four feet on any side facing the street.
The first 20 feet along the side property line, measured from the front yard, is capped at four feet too. On a corner lot, the first 10 feet along the side of the rear property from the street gets the same cap. Beyond that, fences can reach six feet on the sides and rear.
The county’s rule on a permit to build a fence is refreshingly short: you don’t need a building permit if the fence meets zoning requirements and is wooden or chain-link. Exceptions to the height limits are possible for areas outside the Coastal Zone, but you’ll need to ask the county about those before you plan around one. The governing text is Section 6412 of the San Mateo County Zoning Regulations.
When a fence on a retaining wall needs a permit
Photo by PHILIPPE SERRAND on Pexels
A fence built on top of a retaining wall needs a building permit in unincorporated San Mateo County, even when the fence itself is the ordinary wooden kind that would be exempt on level ground. The wall changes the picture because the total structure is taller and the load is different.
Measurement is the other half of this. The county measures height from the lowest adjacent natural grade, so a fence on a raised bed or wall reads taller from the low side than it does from your yard. In the City of San Mateo, fence height is measured from the ground to the top of the fence or post, and on a terraced lot between two properties it’s measured from the ground level of the upper lot.
The practical lesson is simple. If your fence will sit on or beside a wall, don’t assume the six-foot rule you’d use on flat ground still applies, and check with your city or the county before ordering materials. Daly City points to its fences and retaining walls handout for exactly this kind of project, and it’s worth reading before you draw anything up.
Fence and wall projects are a regular part of what we build at Glscapes, and with more than 20 years of experience in the Bay Area, we’ve learned that a ten-minute call to the building department is cheaper than rebuilding. You can see how we handle fencing projects or look through finished work in our photo gallery.
Who pays for a fence between two properties?
In Daly City, the answer is whatever the two owners agree. The city says ownership, building and rebuilding a shared fence are “a matter of agreement between property owners.” It doesn’t assign the cost by rule.
If a neighbor won’t help pay for the fence or put in labor, the other owner can do the work alone. So a stalled conversation doesn’t have to stall the project, though it’s kinder, and usually cheaper, to talk first and settle who’s paying before anyone buys lumber.
Get the agreement in writing, even if it’s a text thread. It also helps if you need the neighbor’s sign-off for a taller fence in San Mateo, where that agreement is a requirement.
How to check the rules before you build
Start with your address, because the jurisdiction decides everything else. A mailing address that says San Mateo or Daly City doesn’t always mean you’re inside the city limits, and an unincorporated lot follows the county’s rules instead.
- Confirm whether your lot is in Daly City, the City of San Mateo or unincorporated county land.
- Decide the fence height and measure it the way that jurisdiction does: from the ground to the top of the fence or post in San Mateo, from the lowest adjacent natural grade in the county.
- Check the yard: front, side, rear or a corner lot’s street side, since each has its own limit.
- Note whether the fence sits on or beside a retaining wall.
- Call the building department, describe the project in one sentence and ask whether it needs a permit to build a fence before you buy anything.
If you’re hiring out the work, ask the installer which rules they’re building to and who pulls the permit when one is needed. Our guide to choosing a landscaper in the Bay Area covers the other questions worth asking, and you can request a free estimate once you know your height and layout.
Frequently asked questions
Can I build a taller fence if my neighbor agrees?
In the City of San Mateo, yes, up to eight feet in a side or rear yard, as long as the part between six and eight feet is at least 50% open lattice. Since permits are required above seven feet, that taller fence needs one. Daly City leaves shared-fence arrangements to the two owners, but its six-foot figure is the limit without a permit.
How is fence height measured?
The City of San Mateo measures from the ground to the top of the fence or post, and from the upper lot’s ground level on a terraced lot between two properties. Unincorporated San Mateo County measures from the lowest adjacent natural grade.
Is a wood fence treated differently from other materials?
In unincorporated San Mateo County, a wooden or chain-link fence that meets zoning needs no building permit. San Mateo’s and Daly City’s published rules set limits by height rather than by material, so a fence of any material has to stay within them.
Who do I call to confirm the rules in my city?
In Daly City, call the Building Division at 650-991-8000 or visit City Hall at 333 90th St. In the City of San Mateo, City Hall is at 330 West 20th Avenue. For unincorporated land, start with San Mateo County Planning and Building and its pamphlet “How to Apply for a Permit to Build a Fence.”
Sources
- Daly City FAQ: Who is responsible for the fence between properties? — City of Daly City
- Fences — City of San Mateo
- How do I build a fence? — San Mateo County Planning and Building