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

Standard residential fences in Martinez up to 6 feet in height generally do not require a building permit. Fences over 6 feet, retaining walls over 3 feet, pool fences, and any fence in the downtown historic district or in design review areas require permits. Permit fees typically range from $150 to $400 depending on complexity, with additional fees for engineered or historic review.

Martinez follows California Civil Code §841 (Good Neighbor Fence Act), which presumes boundary fence costs are shared equally between adjacent property owners. Thirty days written notice to the neighbor is required before construction or replacement. Disputes not resolved through negotiation may be pursued in Contra Costa County Small Claims Court for amounts up to $10,000.

Martinez allows fences up to 6 feet high in side and rear yards and up to 3.5 feet in front yards or within street-facing setback areas. Corner lot visibility triangles have additional height restrictions to preserve traffic sight lines. Fences over 6 feet or in historic downtown areas require a building permit and Design Review Committee approval.

Martinez requires building, plumbing, electrical, and sometimes grading permits for new swimming pool and spa construction. Plans must be reviewed and approved before excavation, and multiple inspections occur during construction. Permits typically cost $1,500-$3,500 depending on pool size and features, and construction must meet the 5-foot setback from property lines.

Martinez has a dedicated Title 17 Swimming Pool Code (Chapters 17.16 Inspections, 17.20 Permits, 17.24 Plans & Specifications), and adopts the California Building Code via Municipal Code Chapter 15.04. Pool barriers must comply with the California Swimming Pool Safety Act (Health & Safety Code §§115920-115929): a permanent enclosure at least 60 inches high, plus at least two of seven approved drowning prevention features for new or remodeled pools.

Martinez complies with California Gov Code §65852.2 (statewide ADU law). One ADU and one JADU (up to 500 sq ft) are permitted per single-family lot. Detached ADUs up to 1,200 sq ft; attached up to 1,000 sq ft or 50% of primary home. 4-ft rear/side setbacks for new detached ADUs. ADUs under 750 sq ft exempt from impact fees. ADUs cannot be used as STRs per city's STR prohibition.

Martinez regulates ADU and JADU development under Martinez Municipal Code Chapter 22.43, consistent with California Government Code §65852.2. Garage conversions are by-right with no replacement parking required, no minimum lot size, and existing garage setbacks preserved for the conversion footprint.

Accessory structures in Martinez require building permits unless very small, non-habitable, and under ~120 sq ft with no utilities. Structures must comply with setback requirements (typically 5 ft from side/rear property lines in residential zones). Maximum height is governed by Title 22 zoning code.

Backyard burning is PROHIBITED under Bay Area Air Quality Management District (BAAQMD) Regulation 5, which has banned open residential burning since 1970. No burning is allowed on Spare the Air days. Agricultural burns may be permitted with BAAQMD authorization.

Outdoor wood-burning fire pits are restricted by BAAQMD Regulation 5 open burning rules. Permanent natural gas fire features may be permitted with a Martinez Building Division permit. No wood burning on Spare the Air days. Contact Contra Costa County Fire Protection District for specific requirements.

Martinez protects heritage and native trees under its zoning code. Removal of protected trees — including mature oaks, redwoods, and trees above a diameter threshold — typically requires a tree removal permit from the Planning Division with mitigation planting. Unpermitted removal carries substantial fines.

Contra Costa Water District (CCWD) may impose mandatory water use restrictions during drought conditions, including limits on outdoor irrigation days and times, prohibitions on watering within 48 hours of rain, and bans on water runoff into streets. Current stage and restrictions are posted at ccwater.com. Violations may result in fines.