Before You Build in Fremont, CA: Permit & Rule Checklist (2026)

Retaining walls over 3 feet high require engineered permits in Fremont, with extra scrutiny for Mission Peak and Hayward Fault slope areas.

Fremont enforces California Health and Safety Code 115920 requiring 60-inch pool enclosures with self-closing self-latching gates.

Fremont applies California Civil Code 841 (Good Neighbor Fence Act) requiring neighbors to equally share costs of shared boundary fences.

Fremont requires building permits for fences over 7 feet tall and all retaining walls over 3 feet under FMC Chapter 15 building code.

Fremont limits fences to 3 feet in front yards and 7 feet in side and rear yards under FMC Chapter 18 zoning standards.

Fremont requires building, plumbing, and electrical permits for all in-ground and above-ground pools over 18 inches deep, plus planning review for setbacks and barriers.

Fremont requires permits for hot tubs and spas over 18 inches deep, with locking safety covers meeting ASTM F1346 as an approved barrier alternative under HSC 115922.

Fremont pools must comply with VGB main-drain safety, anti-entrapment covers, GFCI electrical protection, and posted safety signage under CBC Chapter 31B and HSC 116064.

Fremont enforces California Health and Safety Code 115922 requiring pools to have at least two of seven approved drowning prevention safety features including 60-inch barriers.

Fremont treats above-ground pools over 18 inches deep as permanent pools requiring permits, barrier compliance, and setback review the same as in-ground pools.

Fremont allows garage-to-ADU conversions by right under state law without replacement parking. Building permit required. Ministerial 60-day review.

Fremont follows CA Gov Code 65852.2: ADUs up to 1,200 sq ft allowed on most residential lots, plus Junior ADUs. Ministerial 60-day review. No owner-occupancy through 2025.

Fremont allows tiny homes as ADUs if built to California Residential Code on a foundation. Tiny homes on wheels are regulated as RVs and generally cannot be primary dwellings.

Carports are allowed as accessory structures in Fremont with a building permit. Front-yard carports face design review. Setbacks and height limits apply.

Fremont allows backyard sheds up to 120 sq ft without a building permit. Larger sheds need permits and setbacks. Zoning limits rear and side yard coverage.

Open burning of yard waste is banned in Fremont. Only small recreational fires are allowed. BAAQMD Spare the Air alerts override all wood-burning permissions citywide.

Fremont allows gas and propane fire pits on patios. Wood-burning fire pits are restricted, especially in east foothill VHFHSZ areas near Mission Peak where defensible space rules dominate.

Fremont requires a permit to remove Heritage Trees and native oaks on private property. Replacement planting or in-lieu fees apply. Street tree removal needs Public Works approval.

Fremont protects heritage, native oaks, and street trees. Homeowners can trim private trees but must not harm the tree or encroach on neighbor property without consent.

Alameda County Water District serves Fremont and prohibits daytime outdoor watering, runoff, and watering within 48 hours of rain. AB 1572 phases out non-functional turf.