Local rules
Nobody in this market publishes this, and the four cities we work in genuinely conflict with each other. What is legal in unincorporated Santa Clara County is not legal in Morgan Hill. What passes in San Jose fails a Gilroy setback. This page is the version we work from.
On a corner lot the street-facing side counts as a front yard, so the 3 ft limit follows it round.
A solid 7 ft board fence does not comply. 6 ft solid with a 1 ft lattice top does.
Above 3 ft it has to sit 26 ft back. On a shallow front yard that rules out a tall fence near the street.
Taller than any of the cities allow. An -h, -sr or -d combining district overrides it.
| Jurisdiction | Front yard | Side and rear | The catch |
|---|---|---|---|
| San Jose | 3 ft | 7 ft | Corner lots are the trap. The side yard that faces the street is treated as a front yard, so the 3 foot limit follows it around the corner. |
| Morgan Hill | 3 ft | 7 ft | The detail that catches people: anything over 6 feet along a side or rear boundary outside the front setback has to include a foot of lattice. A solid 7 foot board fence does not comply. A 6 foot fence with a 1 foot lattice top does. |
| Gilroy | 3 ft | 7 ft | Gilroy adds a setback rule rather than only a height rule. Anything over 3 feet has to sit 26 feet back from the curb, which on a shallow front yard rules out a tall fence near the street entirely. |
| Unincorporated Santa Clara County | 3 ft | 8 ft | Combining districts override the base rule. If your parcel carries an -h, -sr or -d designation the district rule wins, and those are common on the hillside parcels above Morgan Hill and Gilroy. |
Sources: City of San Jose, Fences and Retaining Walls · City of Morgan Hill, Fences and Walls · City of Gilroy · Santa Clara County Fence Standard Table
Up to 3 feet in a front yard and up to 7 feet in a side or rear yard without a planning permit. Above those heights you are into both a building permit and a planning permit. Corner lots are the trap. The side yard that faces the street is treated as a front yard, so the 3 foot limit follows it around the corner.
7 feet is the maximum, and it is not permitted above that. The detail that catches people: anything over 6 feet along a side or rear boundary outside the front setback has to include a foot of lattice. A solid 7 foot board fence does not comply. A 6 foot fence with a 1 foot lattice top does.
7 feet maximum. Gilroy adds a setback rule rather than only a height rule. Anything over 3 feet has to sit 26 feet back from the curb, which on a shallow front yard rules out a tall fence near the street entirely.
Up to 8 feet, which is taller than any of the cities allow. Combining districts override the base rule. If your parcel carries an -h, -sr or -d designation the district rule wins, and those are common on the hillside parcels above Morgan Hill and Gilroy.
These are the rules as the cities publish them, and cities change them. Every figure above links to the source it came from so you can check it yourself. If your parcel sits outside a city boundary, or carries an -h, -sr or -d combining district, the county rule and the district rule apply instead and they override the base height. We check your specific address before we quote rather than applying a general number.
More guides
Free estimate
We will come out, measure, and give you a real number. No charge, no obligation, and usually the next day.
Most jobs can start within three days. Call us or send the form and we will come and measure.
