Most backyard fences in Fremont do not need a building permit, but every fence has to meet the city's height limits. The rules are in Fremont Municipal Code Chapter 18.171, Fences and Hedges. Newark, Union City and the Tri-Valley cities each have their own, and we check them for your address before we start.
Do I need a permit to build or replace a fence?
In Fremont, a building permit is required for a fence over 7 feet tall, a concrete or masonry wall over 4 feet, and a retaining wall of any height (section 18.171.030). A wood, vinyl or metal fence at 7 feet or less does not need one. The code does not list a separate exemption for a like-for-like replacement, so a replacement fence follows the same height and permit rules as a new one. A fence that was legal when built but is taller than today's limit is a question for the Planning Division before you rebuild it.
How tall can my fence be? Is 6 feet allowed?
Yes, 6 feet is allowed in a side or rear yard. Section 18.171.010 sets the limit at 8 feet in a required side or rear yard and 48 inches in a required front yard. Between 7 and 8 feet you need the building permit. On a corner lot, a fence within 5 feet of the side street lot line is limited to 48 inches, and inside the sight triangle at the corner nothing may be more than 30 inches above the top of the curb (section 18.171.020). State law also treats a fence that unnecessarily exceeds 10 feet and was built out of malice toward a neighbor as a private nuisance (Civil Code section 841.4).
How close to the property line can I build? Do I need a survey?
A shared fence normally goes on the property line and a private one just inside it. Neither may stand in the public right-of-way, and the back of the sidewalk is not always where your lot begins. In the older subdivisions the existing fence is usually taken as the line, but it is not proof. If the boundary is not marked, or you and your neighbor read it differently, have a plot plan or a survey before the first post goes in. That is work for a licensed land surveyor.
Which way does the good side face?
Toward the street, when the fence is next to a public right-of-way. Section 18.171.030 says a fence with one finished side must be turned so the finished side faces the street. Between two back yards the code does not decide it, so agree it with your neighbor.
I live in a historic district. What can I build?
Talk to the Fremont Planning Division before choosing a style. Fremont has older districts, such as Niles and Mission San Jose, and a property with historic status can have design review for changes seen from the street. A front fence is one of those changes. We check the status of the address instead of assuming.
Can my condo association or HOA restrict my fence?
Yes. Association rules on height, material, style and color sit on top of the city's rules, and the stricter one wins. This applies to many newer Fremont developments and to most of Dublin and San Ramon's newer neighborhoods. Get the approval letter before we order anything.
We are adding a pool. What fence does code require?
California's Swimming Pool Safety Act sets out the enclosure in Health and Safety Code section 115923. It must be at least 60 inches high. The space under it can be no more than 2 inches. No gap may let a 4-inch sphere through. The outside must have nothing a child under five could use as a handhold or foothold. Gates have to open away from the pool, close by themselves and latch by themselves, and the latch must be at least 60 inches above the ground. Your city's building division inspects it and may add local requirements.
The inspector failed my existing fence for the pool. Who brings it up to code?
A licensed fence contractor can. When the inspector failed a fence we have seen, the list was usually short: gates that do not shut on their own, latches set too low, a gate that swings toward the pool, soil washed out under the bottom rail, or horizontal rails on the outside that work as a ladder. Send us the correction notice and we will quote each item on it.
My association only allows a 4-foot open fence, but I want privacy. What are my options?
Work inside the rules first. You can keep the 4-foot open fence and plant behind it, or ask whether a taller screen set back near the patio counts as a fence under the association's wording. If neither is enough, apply to the board for a written exception. Check your lot for easements too. Many Fremont lots have a utility or drainage easement along the rear, and anything built in it may have to come out when the utility needs access.
Do wildfire rules in the Fremont hills affect my fence?
They may. Parts of the hill area east of Mission Boulevard are mapped as fire hazard zones, and the Fremont Fire Department enforces vegetation clearance there. California has also been writing rules for the first 5 feet around a house, called Zone 0, which cover things attached to the building, fences included. We have not confirmed what is in force for Fremont, so ask the Fire Department's Fire Prevention Bureau before you build. A common choice in the hills is a metal section where the fence meets the house.
Who calls 811 before digging, me or the contractor?
Whoever is going to dig. The service for Fremont is USA North 811. It requires notice at least two working days before digging and asks that the dig area be marked in white paint or flags first. Utility companies then mark the lines they own. We place the ticket for fences we build. Sprinkler pipe, pool plumbing, low-voltage lighting and the gas line to a barbecue are private lines that nobody will mark, so show us where they run.
My contractor wants to skip the permit and reuse the old holes. What is the risk?
You carry it, not the contractor. If the fence needed a permit or breaks a height limit, the city can order it changed, and it can come up again at a sale. A contractor willing to skip the permit is also telling you something about the rest of the job. Reusing old holes is a separate problem: the old footings are often the reason the last fence failed.
The city says my existing fence breaks the current rules. Can I just repair it?
Ask the Planning Division before paying for work. Cities often let an older fence be maintained while requiring a rebuilt one to meet current limits, but where repair ends and rebuilding begins is the city's decision. If you have a real reason for the extra height, section 18.171.060 lets the zoning administrator approve an exception when set findings are met.
We can only give a real price after measuring the fence line. The visit is free and the quote is written. Call (510) 240-8149 or text a photo of the fence.