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

Hesperia Development Code §16.20.072 limits residential fences to 3 feet (solid) or 4 feet (open wire) in front yards and 6 feet in side and rear yards. View-obscuring fencing in the front setback is capped at 36 inches above grade unless the Director approves a plot plan.

Hesperia Development Code §16.20.072 permits masonry block, split-face block, wrought iron, chain link, wood, plastic slats, vinyl, and split rail. Garage doors, corrugated metal, plywood thinner than 5/8 inch, particle board, and plastic tarps are prohibited as fencing materials.

Hesperia has no local shared-fence cost-sharing ordinance. California Civil Code §841 (the Good Neighbor Fence Act) controls — adjoining landowners share equally in the cost of reasonably necessary boundary fences, with 30 days' written notice required before construction.

Hesperia enforces the California Pool Safety Act (Health & Safety Code §§115920–115929, as amended by SB 442). New or remodeled residential pools must have at least two of seven approved drowning prevention safety features, including a compliant enclosure isolating the pool from the home.

Retaining walls in Hesperia require a building permit when over 4 feet in height (measured from bottom of footing to top of wall) or when supporting a surcharge, per California Building Code §105.2 as adopted by Hesperia. Engineered design and plan review apply.

Hesperia does not adopt a standalone pool fence chapter; the controlling rule is the California Swimming Pool Safety Act enforced through the building permit process under HMC Title 15. If an isolation enclosure is selected as one of the two required SB 442 safety features, it must be at least 60 inches high with no more than a 2-inch gap from the ground (Cal. HSC §115923). Gates must be self-closing, self-latching, and open outward away from the pool, with the latch located at least 60 inches above the ground.

Hesperia does not publish a standalone pool ordinance. Pool, spa, and hot tub installations are permitted by the Hesperia Building & Safety Division under Title 15 (Buildings and Construction) of the Hesperia Municipal Code, which adopts the California Building Standards Code (Title 24 CCR). A building permit is required before excavation or installation of any in-ground pool, above-ground pool, or permanently installed spa; electrical and plumbing sub-permits typically attach. The state Swimming Pool Safety Act (Cal. HSC §§115920–115929) applies citywide.

Hesperia follows the California Swimming Pool Safety Act (Cal. HSC §§115920–115929). At new pool construction or any pool/spa remodel requiring a building permit, the property must have at least two of seven drowning prevention safety features, verified at final inspection by the Hesperia Building & Safety Division. State law occupies the field; there is no separate Hesperia pool safety ordinance.

Cal. Health & Safety Code §115921(a) expressly includes 'hot tubs, spas, portable spas' within the definition of 'swimming pool.' Hesperia enforces the Swimming Pool Safety Act and the California Building/Electrical Codes for spa installation under HMC Title 15. Permanently installed spas require a building and electrical permit through the Hesperia Building & Safety Division. A locking safety cover meeting ASTM F1346 is the most common way to satisfy one of the two required SB 442 drowning prevention features.

Above-ground pools holding water more than 18 inches deep are 'swimming pools' under Cal. HSC §115921(a) and are treated the same as in-ground pools by the Hesperia Building & Safety Division. A building permit is required under HMC Title 15, the pool must comply with the California Building Code/California Residential Code, and at least two of the seven SB 442 drowning prevention features must be installed. The pool wall itself (if 60+ inches high) may satisfy the enclosure requirement, provided ladders are removable or secured.

Hesperia permits one ADU plus one JADU per single-family lot under HMC 16.12.360 (Article 16.16 for JADUs), with detached ADUs up to 1,200 sq ft, JADUs up to 500 sq ft, and 4-foot side/rear setbacks - implementing California Gov. Code 66314 et seq.

Hesperia Municipal Code §16.12.360(E)(9) requires no setback for an existing garage converted to an ADU, and §16.12.360(E)(10) waives off-street parking replacement when the garage is demolished or converted in conjunction with an ADU. This implements California state ADU law (Gov. Code §65852.2), which preempts local barriers to garage-to-ADU conversions.

Hesperia treats permanently sited tiny homes as Accessory Dwelling Units under §16.12.360, allowing detached ADUs up to 1,200 sq ft (minimum 150 sq ft) on lots with an existing single-family residence. Detached ADUs are capped at 16 ft in height with 4-foot side/rear setbacks. Manufactured homes under 10 years old qualify. RVs explicitly do not qualify as ADUs under §16.12.360(E)(2).

Carports in Hesperia are classified as 'accessory structures' under §16.08.007 because they are 50% or more open to the elements. They count against the §16.20.400 cap of 15% of net lot area for aggregate accessory structures and cannot exceed 16 feet in height under §16.20.415. Demolition of a carport in conjunction with an ADU does not require parking replacement (§16.12.360(E)(10)).

Hesperia Municipal Code §16.20.390 caps total enclosed accessory buildings (sheds, workshops) at 1,000 sq ft plus 7.5% of net lot area in residential zones. Sheds count as 'accessory buildings' under §16.08.005 when at least 50% enclosed. Building permits are required for sheds over 120 sq ft per the California Building Code.

Hesperia permits portable fire pits and outdoor fireplaces fueled by clean dry wood, propane, or natural gas, with clearance from structures and fuels per California Fire Code (adopted under HMC Title 15). All open fires (except propane/natural gas) must be extinguished during adverse weather or when ordered by San Bernardino County Fire personnel.

Open burning of trash, yard waste, and construction debris is prohibited in Hesperia under Mojave Desert AQMD Rule 444. Any agricultural or vegetation-waste burn requires both an MDAQMD clearance and a burn permit from San Bernardino County Fire. All open fires must be extinguished during Red Flag Warnings.

Hesperia Municipal Code §16.24.110 incorporates San Bernardino County Code §88.01.060 for plant preservation, which protects Joshua trees as well as other native desert species. Statewide, the Western Joshua Tree Conservation Act (Fish & Game Code §1927) prohibits removal, trimming, damaging, moving, or killing a Western Joshua tree without a CDFW take permit — fines start at $1,000+ per tree.

Hesperia Municipal Code §14.04.170 (Water Conservation Emergency Plan) is currently in Stage 2, enacted by joint Hesperia City Council/Hesperia Water District Resolutions 2022-46 and 2022-10. Irrigation of non-functional turf is prohibited at commercial, industrial, and institutional properties. Parks, golf courses, and schools may only irrigate between 10 p.m. and 5 a.m.; all runoff is prohibited.