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San Jose, CA Fire Regulations: Brush Clearance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fees/Costs
100 feet of defensible space required under CA PRC §4291
Requirements
Zone 0 (0-5 ft) must be ember-resistant
Annual inspections
Annual inspections by SJFD in VHFHSZ areas
Requirements
AB 38 disclosure required when selling in WUI
Contractor abatement
Contractor abatement billed to owner if non-compliant

Summary

San Jose enforces defensible space requirements under California Public Resources Code §4291 in the East Foothills, Alum Rock, Almaden Valley, and Silver Creek WUI zones. Property owners must maintain 100 feet of defensible space around structures, with annual inspections by San Jose Fire Department and Cal Fire in mapped hazard areas.

(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure.

Source: California Public Resources Code Section 4291 - Defensible SpaceView official code

Full Breakdown

San Jose includes substantial wildland-urban interface (WUI) acreage on its eastern and southern edges, including the Diablo foothills above Alum Rock, the Evergreen hills, and the Almaden and Silver Creek valley rims. Property owners in State Responsibility Areas and Local Responsibility Area Very High Fire Hazard Severity Zones must comply with California Public Resources Code §4291, which mandates 100 feet of defensible space. Zone 0 (0-5 feet from structures) must be ember-resistant with no combustible mulch, no wood fencing directly attached, and no stored items under decks.

Zone 1 (5-30 feet) requires widely spaced landscaping, removal of dead vegetation, and tree-limb clearance from the ground. Zone 2 (30-100 feet) allows native vegetation but requires grass mowed to 4 inches, spacing between shrub clusters, and limbs trimmed 6 feet above ground. San Jose Fire inspects properties annually and issues compliance notices; failure to correct within the posted deadline (often 15-30 days) triggers contractor abatement at the owner's cost plus administrative fee. AB 38 applies when selling property in these zones: a home-hardening disclosure and proof of compliance must be provided to buyers.

Roadside fuel clearance of 10 feet on both sides of driveways is required for fire access. Pile burning is prohibited except under specific permits during declared burn days.

Violations & Fines

Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.

Frequently Asked Questions

Do I need to clear brush if I live in Willow Glen?
Flatland neighborhoods aren't in VHFHSZ, but general weed-abatement rules still apply. East Side and Almaden hills are the strictest zones.
What is Zone 0?
The 0-5 foot ember-resistant zone around your home. No combustible mulch, wood fencing at walls, or stored flammables.
Who inspects defensible space?
San Jose Fire Department and, in State Responsibility Areas, Cal Fire.

Sources & Official References

Other rules in San Jose

All San Jose rules

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