Journal ·
Burbank Fence, Wall and Hedge Height Rules: What to Measure Before You Buy
In a Burbank single family zone, a fence or wall in the front yard setback can be 4 feet tall, and any part above 2 feet has to be at least half open. A hedge there can reach 6 feet. Behind the front and street side setbacks, fences and walls can go to 8 feet and hedges to 12 feet. A fence that was legal when it was built before February 23, 2017 is not held to the current standards, so the question for a buyer is often the fence's history as much as its height.
What are the fence height limits in Burbank's R-1 zone?
The numbers come from Table 10-1-603(A) and subsection (H) of BMC 10-1-603, the development standards for the R-1 and R-1-H zones. Heights are measured from natural grade before any grading, or from finished grade after it, whichever is lower.
| Location on the lot | Fences and walls | Hedges |
|---|---|---|
| Front yard setback | 4 feet, open design above 2 feet | 6 feet |
| Street side setback, up to the rear of the house | 6 feet if 50% open, 4 feet if solid | 6 feet |
| Street side setback, rear of the house to rear line | 8 feet | 8 feet |
| Everywhere else on the lot | 8 feet | 12 feet |
| Corner cutoff triangle (clear from 3 to 10 feet) | 3 feet | 3 feet |
The code defines open design precisely. For every one foot section of fence or wall, at least 50 percent of the surface has to be open and give a direct view through it. Pilasters are exempt from that calculation but must sit at least 8 feet apart, center to center, and be no wider than 18 inches.
Hedge limits in the street side yard come from subsection (H)(1)(i). On a reverse corner lot the street side yard takes the front yard limits instead.
Which materials and extras does the code restrict?
Several rules in subsection (H)(1) catch owners off guard:
- New chain link fences have been prohibited in front yards and street facing side yards since February 23, 2017.
- Razor wire, barbed wire and electric wire are banned in any yard.
- Walls in the front or street side setback must be finished in plaster, stucco, brick or a similar material, and the material must match across all of those walls.
- Only one wall or fence is allowed in the front yard setback, with up to two gates. Gates must be 50 percent open and follow the same heights.
- The only decoration allowed on top in the front and street side yards is lighting, which may exceed the limit by up to 18 inches above the fence, or up to 5 feet 6 inches. In all other yards, lighting and ornamentation stay within the height limit.
How do retaining walls change the numbers?
Retaining walls are where front yard projects most often run into trouble. A retaining wall in the front setback can be 30 inches at most, must sit 18 inches back from the sidewalk with a planting strip in front, and no more than two are allowed. Within 15 feet of a sidewalk, the height is measured from the sidewalk elevation, not from the yard. Outside the front setback, an exposed retaining wall is limited to 4 feet.
Subsection (H)(3)(d) says walls cannot be placed on top of retaining walls in the front and street side setbacks. Subsection (H)(1)(f) allows a fence combined with a retaining wall in the front setback if the total does not exceed 4 feet and the fence is 50 percent open. The practical reading is that an open fence can sit on a low retaining wall and a solid wall cannot, which Planning staff can confirm for a given lot. The code also says no exception can be granted for retaining walls in the front yard setback.
Is the rule different in the hillside area or in R-2 and R-3?
Yes, in both directions. In the hillside area, section 10-1-606(F) keeps the same fence table but limits hedges in the front and street side setbacks to 4 feet, and a Hillside Development Permit can require shorter fences as a condition. The wider set of hillside rules is in the Burbank hillside development guide.
The multiple family zones are slightly looser on design. Under BMC 10-1-628, a front yard fence is also capped at 4 feet, but only the part above 3 feet has to be open. The same 4 foot cap covers the street side yard, which is stricter than R-1, and height is measured from the highest abutting finished ground. A buyer comparing a duplex lot with a house lot should check which table applies.
What about corner lots and driveways?
BMC 10-1-1303 keeps a sight triangle clear at intersections. Nothing between 3 feet and 10 feet above the ground may stand inside it, fences and hedges included. The triangle runs 10 feet from a street corner, 10 feet where an alley meets a street, and 5 feet on each side of a driveway where it meets the street or alley. A tall hedge beside a driveway apron is a common miss.
Does a fence need a permit in Burbank?
Two departments answer this differently, and both answers apply. The city's Building Permits page lists fences of wood, vinyl or metal up to 7 feet, and masonry walls up to 6 feet, as work exempt from a building permit. The same page sends readers to Title 10 for the heights the zoning code allows.
The Planning Division's wall and fence submittal checklist states that all proposed walls, fences and hedges must first be reviewed by Planning for compliance with the zoning regulations, and asks for a site plan and elevations showing heights from existing grade. A 7 foot wood fence in a front yard needs no building permit and still breaks the 4 foot zoning limit.
What happens to a fence built before the current rules?
This is the part that matters in a purchase. Subsection (H)(1)(o) says a wall or fence that was legal under the code in force before February 23, 2017 is not subject to the current standards. That date is the effective date of Ordinance No. 17-3,890.
For older fences that were never legal, Burbank has an enforcement abeyance process in BMC 10-1-19202. If the Community Development Director finds the feature does not block drivers' sight lines, is not built of dangerous materials, is structurally sound and does not hinder emergency crews, enforcement is held in abeyance. That finding does not make the fence legal. A fence over 6 feet gets abeyance only after it is cut down to 6 feet. The Director can also require changes so the findings can be made. When abeyance fails, the route is a Minor Fence Exception Permit for 6 feet or less and a Major one for anything taller.
The code gives two different cutoff dates for this process.
| Code section | Abeyance applies to features established before |
|---|---|
| 10-1-603(H)(1)(n) | October 17, 2008 |
| 10-1-19202(A) | April 11, 2006 |
Section 10-1-19202 is the section that sets out the process, and it says the feature must have been built or grown to maturity before April 11, 2006 and not enlarged since. A buyer relying on abeyance should ask the Planning Division which date it applies to the specific fence.
Under Article 19, Division 11, a Minor Fence Exception Permit generally covers fences and walls of 6 feet or less, decided by the Community Development Director. It follows the Administrative Use Permit process, with notice mailed to owners and occupants within 150 feet. A Major Fence Exception Permit covers anything taller, goes to the Planning Commission, and requires notice within 300 feet. The major permit needs an extra finding that the taller feature is needed to mitigate noise, glare, dust or privacy impacts tied to a condition such as a nearby arterial street, a nearby non-residential use or the lot's shape. Neither permit charges a fee to appeal a denial.
A five-point fence check for a Burbank purchase
| Step | What to look for | Where to confirm |
|---|---|---|
| 1 | Front fence over 4 feet, or solid above 2 feet | Table 10-1-603(A) |
| 2 | Hedge or wall in a driveway or corner triangle above 3 feet | BMC 10-1-1303 |
| 3 | Front retaining wall over 30 inches, or a wall stacked on one | 10-1-603(H)(3) |
| 4 | Chain link in a front or street side yard | Installed after Feb. 23, 2017? |
| 5 | Permit or exception records for any tall feature | Planning Division |
Ask the seller when each feature was built and whether any exception permit exists, and build the answers into the contingency period described on the buyer's page. Sellers who know a front wall is oversized can price that into a home valuation before listing, or disclose it as part of the package on the seller's page. On hillside parcels, the brush clearance rules also reach vegetation along combustible fences.
Q: Can I plant a 10 foot hedge along my back fence in Burbank?
Outside the front and street side setbacks, the R-1 table allows hedges up to 12 feet, so yes, as long as the hedge stays out of the street side yard and the corner cutoff. On a hillside lot, check the conditions of any Hillside Development Permit.
Q: Does an old fence block a sale?
The fence sections of the code do not mention sales. The fence stays with the property, so a noncompliant one becomes the new owner's enforcement risk unless it was legal before February 23, 2017 or qualifies for abeyance.
This article is general information drawn from the Burbank Municipal Code as published through Ordinance 26-4,038 and City of Burbank publications, not legal advice. Confirm the rules for a specific parcel with the Burbank Planning Division. Call Alla at (818) 699-5367 or use the enquiry form.
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