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

Modesto follows the California Building Code permit exemption: fences 7 feet or less in height do not require a building permit. Anything taller needs a permit from the Building Safety Division.

Modesto zoning permits standard residential fence materials (wood, vinyl, masonry, ornamental metal, chain link). Barbed wire, razor wire and electrified fencing are generally prohibited in residential zones.

Modesto follows California Civil Code regarding shared boundary fences. Adjoining property owners share equal responsibility for maintaining boundary fences under CA Civil Code §841. The city does not mediate private fence disputes.

Modesto Municipal Code section 10-4.406 caps walls and fences at 8 feet in height citywide. Within the front yard and street-side yard, the maximum drops to 42 inches.

Modesto does not impose a city-specific pool barrier ordinance; California Health & Safety Code (Swimming Pool Safety Act) and the California Building Code preempt and set the minimum enclosure standards.

Modesto requires a building permit from the city's Building Safety Division before constructing, installing, or substantially remodeling any swimming pool, spa, or hot tub. Permits include separate electrical, plumbing, and barrier inspections.

Above-ground pools in Modesto must meet the same safety barrier requirements as in-ground pools if they hold 18+ inches of water. Pools with walls at least 48 inches high with lockable ladders may satisfy some barrier requirements.

Modesto enforces California state pool safety regulations including barrier requirements, anti-entrapment drain covers, and the Swimming Pool Safety Act. Building permits with electrical, plumbing, and barrier inspections are required for all new pools.

Modesto Municipal Code Article 5 (sections 10-4.501 to 10-4.512) permits ADUs ministerially on lots with a single-family or duplex dwelling, capping detached units at 1,200 sq ft and 16 ft in height (18 ft near major transit), with 4 ft side and rear setbacks. Standards mirror Govt Code section 65852.2.

Modesto MC section 10-4.504(c)(3) allows a detached garage (or interior living space) to be converted to an ADU ministerially. Section 10-4.506(c)(1) permits up to a 150 sq ft expansion of the existing footprint solely for ingress/egress. Replacement parking is not required when the converted garage was meeting an existing parking standard.

Modesto's zoning code regulates carports as accessory structures under MMC §§ 10-4.107, 10-4.108, and 10-4.114, imposing minimum setbacks, a one-story height cap, and maximum floor area tied to lot size.

Modesto regulates tiny homes through its Accessory Dwelling Unit ordinance at Modesto Municipal Code 10-4.115, consistent with California Government Code 65852.2. Detached tiny-home ADUs are limited to 800 square feet, 16 feet in height (with state-permitted exceptions), and 4-foot side and rear setbacks. Tiny homes on wheels (THOWs) are not recognized as permanent ADUs.

Modesto MC section 10-4.114 governs detached accessory buildings (sheds, workshops, gazebos, detached garages) on single-family residential lots, limiting them to one story / 16 ft and 4 ft side/rear setbacks. Sheds 120 sq ft or smaller may sit on the property line. Lot-coverage caps scale with lot size from 400 to 1,000 sq ft.

Modesto's local amendment to California Fire Code Section 307.4.2 prohibits recreational fires (including backyard wood-burning fire pits) except for religious ceremonies, and even those require a permit from the Fire Code Official.

Open burning of grass, weeds, agricultural trimmings, or other combustibles is prohibited in Modesto without a permit from the San Joaquin Valley Air Pollution Control District, and permitted burning is restricted to agricultural land within city limits.

Modesto generally allows removal of privately owned trees on private property without a permit, unless the tree is in a planned development or specific plan area. City-owned street trees require city authorization for removal. Heritage or significant trees may have protections.

Modesto requires property owners to maintain trees so they do not obstruct sidewalks (8 ft clearance), streets (14 ft clearance), or block sight lines at intersections. City-maintained street trees may only be trimmed by city crews or approved contractors.

Modesto enforces water conservation measures year-round, with additional restrictions during drought conditions. Outdoor watering is limited to specific days and times. The city is served by a combination of groundwater and Modesto Irrigation District surface water.