Fence Permits and Height Rules in Clackamas County

Most ordinary residential fences in Oregon don't need a building permit. Oregon's residential code says that a local permit threshold may not include fences that are 7 feet or less in height. That doesn't mean anything goes, though. Height limits, corner and driveway sight lines, pool fences, and retaining walls all have their own rules. Those rules depend on whether your property is in unincorporated Clackamas County or inside a city like Sandy.

Oregon's 7-foot rule

Oregon's Building Codes Division sets the floor for the whole state. Under the 2023 Oregon Residential Specialty Code, a city or county's threshold for requiring a building permit may not include fences 7 feet or less in height. A local government is allowed to set a higher threshold, but not a lower one.

So for a typical 6-foot privacy fence or a 4-foot picket fence, the building permit question is usually settled. The zoning question, meaning how tall the fence can be and where it can go, is separate, and that's where cities and the county differ.

Two exceptions that always need a permit

• Pool fences. Statewide, a fence that serves as a swimming pool barrier, or part of one, requires a building permit regardless of height.
• Some retaining walls. Statewide, a retaining wall needs a building permit if it provides a safeguard for people using a building, supports a regulated building, or holds back material that could affect a regulated building if it gave way. On sloped lots around Sandy and Boring, a fence often sits on top of a retaining wall, so check this before you plan one.

Unincorporated Clackamas County

If your property is outside city limits, out toward Boring, Damascus, Eagle Creek, or up the Mt. Hood corridor, the county's Zoning and Development Ordinance applies. Two lines matter most for fences:

• Setbacks. Section 903.07 says minimum setback standards do not apply to fences or walls unless the standard explicitly refers to fences or walls. In other words, the usual building setbacks for your zone generally don't apply to a fence, unless a specific rule says they do.
• Sight lines. Section 1007.02 says no planting, signing, or fencing shall be permitted that restricts motorists' vision. That ties to the county's intersection sight distance standards. Keep fences low near driveways and road corners.

Because zones differ, call or check with Clackamas County Planning before building a tall fence near a road, on a corner lot, or in a rural or farm zone.

Inside Sandy city limits

Sandy has its own development code. Chapter 17.74 sets these height limits for residential fences:

• Front yard: up to 4 feet.
• Corner lots: up to 3 feet within the vision clearance area.
• Side or rear yard next to a street: up to 6 feet.
• Side or rear yard next to another lot: up to 8 feet.

Sandy's code also addresses fences built on retaining walls, and requires a building permit and engineered plans for some retaining walls. The city was amending this chapter in 2026, so confirm the current numbers with Sandy Planning before you build, especially for anything over 6 feet or on a wall.

Gresham, Happy Valley, and other nearby cities each have their own codes. Don't assume Sandy's numbers apply there.

Before the first post hole

• Call 811. The Oregon Utility Notification Center says to call 811, or 1-800-332-2344, at least two business days before starting any digging project. Fence posts count.
• Know your property line. A fence built over the line can become a dispute later. If you aren't sure where the line is, sort it out before building.
• Check your HOA and deed. Homeowners associations and deed restrictions can be stricter than city or county rules.
• Talk to your neighbor. It isn't a code requirement, but it heads off most fence arguments before they start.

Who handles the rules on a fence job

If you hire a contractor, ask who is checking the height limits and sight lines and who is calling 811. Get the answers in the written bid. Anthony builds fences, gates, and arbors around Sandy and the east Portland metro.