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

The City of Merced regulates fence and wall height under Merced Municipal Code (MMC) Chapter 20.30 (Walls and Fences). Per the City Planning Division, rear yard fences may reach 7 feet, front yard fences 4 feet, and fences at a corner or the visual corner of a driveway are limited to 2 1/2 feet.

The City of Merced regulates fences through zoning (MMC Chapter 20.30) for height and placement. Under the 2022 California Building Code Section 105.2, which Merced adopts, fences not over 7 feet high are exempt from a building permit, but a fence still must comply with the City's zoning height limits and sight-distance rules.

Retaining walls in the City of Merced follow the California Building Code, which the City adopts. Per 2022 CBC Section 105.2, walls not over 4 feet (measured from the bottom of the footing to the top) are permit-exempt unless supporting a surcharge. Taller walls, or walls holding a load, require a building permit.

Fence materials in the City of Merced fall under MMC Chapter 20.30 (Walls and Fences). Standard residential materials — wood, vinyl, masonry block, ornamental metal, and chain link — are widely used, subject to the City's height limits (7 ft rear, 4 ft front, 2 1/2 ft at corners). The City's FAQs do not name approved or banned materials.

The City of Merced sets the physical fence standards (height, placement) under MMC Chapter 20.30, but cost-sharing for shared boundary fences is governed by California Civil Code Section 841 (the Good Neighbor Fence Act). Adjoining owners are presumed equally responsible for a shared fence and must give 30 days' written notice before construction or replacement.

The City of Merced requires a building permit for residential swimming pools through the Development Services Department. The Zoning Code sets a 5-foot setback from all property lines, and barrier and safety equipment must meet the adopted California Residential Code and state law.

Merced adopts California's pool safety standards by reference. MMC 17.05.010 incorporates the 2025 California Residential Code's Swimming Pool Safety Act appendix, requiring at least two drowning-prevention features and anti-entrapment suction outlets for new and remodeled residential pools.

Above-ground pools in Merced are treated as accessory structures subject to the 5-foot property-line setback (MMC 20.28.020.D.1) and to the adopted California Residential Code. A building permit is generally required, and pool walls or required fencing must satisfy the state Pool Safety Act barrier standards.

Merced treats spas and hot tubs under the same accessory-structure and Pool Safety Act provisions as pools. The 5-foot setback of MMC 20.28.020.D applies, and the adopted California Residential Code/Pool Safety Act governs barriers, though many compliant safety covers satisfy the requirement for spas.

Merced does not set its own pool-barrier dimensions. Its Zoning Code (MMC 20.28.020.D.2) defers pool fences and barriers to the building code and state law, and MMC 17.05.010 adopts the 2025 California Residential Code with the Swimming Pool Safety Act appendix, which governs enclosure height and gates.

Chapter 20.42 of the City of Merced Zoning Ordinance permits one attached ADU, one detached ADU, and one JADU per single-family lot. Detached ADUs are capped at 1,200 square feet, 16 feet tall, with four-foot side and rear setbacks. The chapter implements California Government Code Sections 65852.2 and 65852.22.

Merced allows an attached garage or detached accessory structure to be converted into an ADU or JADU under Zoning Ordinance Chapter 20.42. When a garage is converted to an ADU, displaced parking need not be replaced, and converting an existing detached structure requires no added setbacks. The work must meet the California Building Code.

Merced regulates carports as residential accessory structures under Zoning Ordinance Chapter 20.28, subject to a 35-foot height limit and three-foot interior setback (five feet if over 120 square feet). Driveways serving a garage or carport must be at least 20 feet long, measured to the back of sidewalk or front property line. Carports are excluded from ADU floor-area calculations.

Zoning Ordinance Section 20.42.060 gives Merced explicit tiny-home-on-wheels (THOW) standards, allowing one THOW per single-family lot as an ADU. It must be under 400 square feet (excluding lofts), no taller than 14 feet, DMV-registered, ANSI/NFPA certified, set back five feet, and parked on an approved pad - never in front of the home.

Merced's Zoning Ordinance Chapter 20.28 treats sheds as residential accessory structures. Per Table 20.28-1, they may be up to 35 feet tall with a three-foot interior side and rear setback, increased to five feet for any accessory structure exceeding 120 square feet or any garage off an alley. The exterior (street-side) yard must match the primary structure's setback.

Merced regulates backyard fire pits through its Fire Prevention Code (Municipal Code Chapter 17.32), which adopts the California Fire Code. Recreational fires must stay at least 25 feet from structures, be constantly attended, and never burn trash or yard waste. The San Joaquin Valley Air Pollution Control District also calls no-burn days that limit wood fires.

Residential open burning of trash, leaves, brush, or yard waste is effectively prohibited in Merced. The San Joaquin Valley Air Pollution Control District regulates burning under Rules 4103 and 4106, and hazard-reduction burning is only allowed in State Responsibility Areas - not the urban valley floor where Merced sits. Burning on a no-burn day brings enforcement and fines.

Street trees in Merced are City property, so residents cannot remove them on their own. Removal requests go to the Public Works Department, and not all are honored. The City removes trees that are dead, declining, or a hazard to public safety, under its established tree policies.

The City of Merced maintains street trees in the public right-of-way and tree easements. Residents may trim only small branches within reach from the ground for sidewalk clearance. All other trimming of street trees is the City's responsibility and is performed solely by City forestry crews, which prune on a rotating schedule.

The City of Merced runs its own groundwater utility and limits outdoor watering by address. Even-numbered addresses water Tuesday, Thursday, and Saturday; odd-numbered addresses water Wednesday, Friday, and Sunday, only before 9 a.m. or after 9 p.m. Stricter day limits apply at higher conservation levels under Municipal Code Chapter 15.42.