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# CITY HALL The battle over hedge heights continues
- URL: https://www.smdp.com/city-hall-the-battle-over-hedge-heights-continues/
- Published: 2007-02-13T16:00:00.000Z
- Updated: 2026-10-24T00:02:51.000Z
- Author: Kevin Herrera
- Tags: Government & Politics, Santa Monica, #archive-import

*Growing pains: Council to revisit hedge ordinance*

Once again, the City Council is expected to tackle an interim law regulating the height of walls, fences and hedges located on private property, an effort that began three years ago when city staff issued letters to hundreds of residents calling on them to cut down bamboo, cypress trees and other plants or face fines up to $25,000 per day.

City staff is asking the council to extend the interim ordinance until Jan. 9, 2010, so that more time can be spent refining the law to better address the concerns of residents.

If the council does not act, the interim ordinance will expire at the end of March, forcing city staff to hold another series of community meetings before the Planning Commission and the council. The hope is that the interim ordinance can be amended and permanent standards adopted when a new zoning ordinance is drafted, something which is expected in the next two and a half years.

“Much of the ordinance works, but there are still a few things that need to be refined,” said Eileen Fogarty, director of planning and community development for City Hall.

At issue is the process for which residents can file an appeal and register the heights of their hedges. Many residents feel that the appeals process puts too much of a burden on the appellant, who must prove that the hedge, wall or fence is detrimental to their quality of life.

Many could clearly demonstrate impacts related to the width of a hedge — debris falling on neighbor’s property, inadequate access alongside yards, hedges growing into garages or other structures. In these cases, a determination was made to trim the hedge so that it did not extend into someone’s property.

But when it came to the hedges’ impact on lighting, air circulation and other factors, it proved difficult for residents to present proof.

Another area of concern is with creating a registry documenting the current heights of hedges so that city staff can better monitor their growth and ensure compliance. The current registry is incomplete and some of the heights included were registered well after the law was passed, giving an inaccurate baseline for city staff to follow. Building permits are not required for freestanding fences and walls six feet or less in height, and are not required for hedges.

“Without question, the single most important aspect of the interim ordinance is how it addresses fences, walls and hedges that do not comply with permitted height limits,” a city staff report states.“This is the most challenging, difficult, and controversial provision of the ordinance … While there are options … none of the options can successfully balance all the conflicting interests with respect to nonconformity.

“Even if an inventory were completed, hedges will continue to grow,” the report states. “Enforcement of a hedge would yield short-term results and could require subsequent enforcement action … (which) rightfully raises the question of how best to direct limited staff resources and to what extent do fences, walls and hedges adversely impact the public health and general welfare.”

The height of hedges and fences has been a controversial issue in the city over the last few years, with some dubbing the era the “Hedge Wars.” The issue was so heated that it shook up Santa Monica’s 2004 election for City Council and galvanized several neighborhood groups.

Anger boiled over in 2004, when a 57-year-old hedge law was revisited for one of the first times in more than half a century, drawing international headlines when City Hall directed roughly 200 households to cut their hedges or face a $25,000-a-day fine.

The notices were sent out over Thanksgiving weekend. Many residents were outraged, including Councilman Bobby Shriver, a hedge violator, who was upset with the way city staff notified residents. He subsequently ran for office to change the how City Hall interacts with the public.

Emerging from the furor was a new ordinance, passed on Oct. 25, 2005, which requires residents to maintain the 42-inch height limit for any new front yard hedge installation, when side-and rear-yard enclosure limits are allowed to stand 12 feet — an increase of four feet. There are also rules allowing some hedges, fences and walls that exceed the limit to remain, also known as “grandparenting.”

City Hall regulates hedges, fences and walls to “create livable, pedestrian-oriented neighborhoods, protect the pedestrian scale and character of streets, encourage information neighbor interaction and, therefore, a sense of community, preserve a neighbor’s access to natural light (and) public safety,” the report states.

There are also environmental benefits. If a hedge, wall or other barrier is too high, it can reduce the amount of natural sunlight entering a room, requiring more energy to keep a home heated and lit. In addition to complaints about the appeals process and grandparenting, some argued that the appeal fee of $222.35 was too excessive and may be part of the reason there were fewer appeals than anticipated. Council will also discuss proper heights for hedges, fences and walls adjacent to streets and at reversed corner and key lots.

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/021307-02_02.jpg)

*Originally published in the Santa Monica Daily Press print edition on February 13, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/021307.pdf?ref=smdp.com)