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

Everything you need to know before starting a home improvement project

Building a fence, installing a pool, or adding a shed? Each project has its own set of local permits and rules in San Bernardino. This guide consolidates fence, pool, ADU, shed, fire pit, and landscaping regulations into one checklist so you know what to expect before you start.

Quick Permit Checklist

At-a-glance overview of permit categories in San Bernardino. Click any card for details.

Fences & Walls

Heavy Restrictions

Height limits, materials, permits, and shared fence rules.

Retaining Walls

Some Restrictions

Retaining walls over four feet from the bottom of the footing, or any wall supporting a surcharge, require a building permit and engineered plans under the California Building Code.

Permit Threshold: Over 4 feet or with surchargeEngineer: Licensed CA engineer stampSeismic Concern: Near San Andreas and San Jacinto faultsBuilding and Safety: 909-384-5065

Pool Barriers

Heavy Restrictions

California Health and Safety Code 115920 through 115929 (Swimming Pool Safety Act) requires a 60-inch non-climbable barrier plus at least one additional drowning-prevention feature for residential pools.

State Law: H&S Code 115920 through 115929Barrier Height: 60 inches minimumOpening Limit: 4 inches maximumRequired Features: At least 2 of 7

Permit Requirements

Some Restrictions

San Bernardino requires a building permit for fences and walls over six feet in height and for all retaining walls over four feet measured from the bottom of the footing.

Permit Threshold: Over 6 feet (fence) or 4 feet (retaining)Code: CBC and SBMC Title 15Contractor Rule: CSLB license for jobs over $500Department: Building and Safety

Neighbor Fence Rules

Some Restrictions

California Civil Code 841, the Good Neighbor Fence Act, presumes adjoining owners share equally in the cost of a boundary fence and requires 30 days' written notice before work.

State Statute: CA Civil Code 841Notice: 30 days written noticeDefault Split: Equal share of reasonable costCourt Path: Small claims up to $12,500

Height Limits

Some Restrictions

San Bernardino Development Code 19.20.030 limits residential fences to four feet in front yards and six feet in side and rear yards. Taller fences need a fence height modification permit.

Front Yard: 4 feet maxSide and Rear: 6 feet maxResidential Modification: Up to 8 feet with permitCode: Development Code 19.20.030

Swimming Pools

Heavy Restrictions

Pool permits, safety fencing, and drainage requirements.

Above-Ground Pools

Some Restrictions

Above-ground pools in San Bernardino over 18 inches deep follow the same permit and barrier rules as in-ground pools. Pool walls of 60 inches can serve as the barrier when steps or ladders are locked or gated.

Depth Trigger: 18 inches plusWall as Barrier: Only if 60 inches plusSteps: Lock or self-closing gateBonding: Required to metal frame

Hot Tub Rules

Some Restrictions

San Bernardino treats spas over 18 inches deep as pools under CA H and S Code 115921. A locking ASTM F1346 safety cover can substitute for the perimeter fence on residential hot tubs when kept locked when not in use.

Definition Trigger: Over 18 inches deepCover Standard: ASTM F1346 lockingElectrical: 240V GFCI, bondedMax Temperature: 104 F

Pool Permits

Heavy Restrictions

San Bernardino requires building, electrical, and plumbing permits for every pool over 18 inches deep. Plans are reviewed under SBMC Title 15 and must show barrier compliance with CA H and S Code 115920.

Trigger: Over 18 inches deepPermits: Building, electrical, plumbingCode: SBMC Title 15, CBC Appendix VSafety Law: CA H and S Code 115920

Safety Rules

Heavy Restrictions

San Bernardino enforces pool safety under CA H and S Code 115920, the federal Virginia Graeme Baker anti-entrapment rules, and Building Code alarm and cover rules. Public pools are inspected by county health.

Drain Covers: ANSI APSP-16 compliantBarrier: 60 inch fence requiredSecondary Feature: 1 of 7 state optionsPublic Pools: County health oversight

Fencing Requirements

Heavy Restrictions

San Bernardino pool barriers follow CA H and S Code 115920. Pools over 18 inches deep need a 60-inch barrier with self-closing, self-latching outward-swinging gates plus one of seven approved safety features.

Barrier Height: 60 inches minimumGate: Self-closing, self-latching, outwardSecond Feature: 1 of 7 approved optionsGround Gap: 2 inches maximum

ADUs & Granny Flats

Some Restrictions

Accessory dwelling unit rules and garage conversion permits.

Garage Conversions

Some Restrictions

Garage conversions in San Bernardino are usually done as ADUs under CA Gov Code 65852.2, which waives replacement parking. Non-ADU conversions must meet habitable-space code and replace parking.

ADU route: Garage-to-ADU conversions waive replacement parking under state lawHabitability: Must meet 7 ft ceiling, egress, smoke and CO, insulationNon-ADU conversion: Must replace displaced parking under zoningPermits required: Building plus electrical, plumbing, and mechanical

ADU Rules

Few Restrictions

San Bernardino permits ADUs on single-family and multi-family lots under CA Gov Code 65852.2. Detached ADUs up to 1,200 sq ft and JADUs up to 500 sq ft are ministerially approved.

Legal authority: CA Gov Code 65852.2 statewide ADU mandateStandard ADU: Up to 1,200 sq ft detached, 850 to 1,000 sq ft for attachedJADU: Up to 500 sq ft inside existing home with owner occupancyApproval: Ministerial, 60-day review, no discretionary hearing

Sheds & Outbuildings

Some Restrictions

Shed permits, setback limits, and outbuilding size rules.

Tiny Homes

Some Restrictions

Tiny homes on permanent foundations in San Bernardino are regulated as ADUs under CA Gov Code 65852.2. Tiny homes on wheels are treated as RVs and cannot be permanent dwellings outside approved parks.

Permanent foundation: Permitted as an ADU under Gov Code 65852.2ADU sizing: 850 to 1,200 sq ft with 16 ft height safe-harborWheels/RV: Tiny home on wheels treated as RV; no permanent residencyApproved parks: RV parks or licensed mobilehome parks allowed for THOWs

Carport Rules

Some Restrictions

Carports in San Bernardino need a building permit and must meet setback and height limits under the Development Code. Prefab metal carports require engineered plans for wind and seismic loads.

Permit required: All carports need a building permit regardless of sizeEngineering: Wind and seismic engineering required for the designSetbacks: Typically behind front building line and 3 to 5 ft sidesHeight: Usually 12 to 15 ft maximum

Shed Rules

Few Restrictions

Sheds up to 120 sq ft in San Bernardino do not require a building permit under the California Residential Code, but must meet zoning setbacks, height limits, and fire clearance rules.

Permit exemption: Sheds up to 120 sq ft exempt under CRC R105.2Setbacks: Typically 5 ft from side and rear property linesHeight: Generally 12 to 15 ft maximum in residential zonesUtilities: Any electrical, plumbing, or gas needs a separate permit

Fire Pits & Outdoor Structures

Heavy Restrictions

Fire pit placement, outdoor burning restrictions, and permits.

Outdoor Burning

Heavy Restrictions

Open burning of yard waste, construction debris, and trash is prohibited in San Bernardino under SCAQMD Rule 444 and county fire rules. Only small recreational cooking or warming fires are allowed.

Air district ban: SCAQMD Rule 444 bans open burning in San BernardinoRecreational only: Small cooking or warming fires up to 3 ft allowedBurn barrels: Prohibited outright for residential wasteNo-Burn days: SCAQMD wood-smoke rules restrict indoor wood burning

Fire Pit Rules

Some Restrictions

San Bernardino allows residential fire pits under strict size, fuel, and clearance rules enforced by San Bernardino County Fire. Recreational fires must be small and fueled by clean wood.

Max wood fire size: 3 ft diameter and 2 ft tall under CFC 307Structure clearance: 25 ft from structures; 15 ft for portable fireplacesAttendance rule: Adult plus charged hose or extinguisher required at all timesRed Flag ban: All open burning prohibited during Red Flag Warnings

Landscaping & Tree Removal

Heavy Restrictions

Tree removal permits, heritage tree protections, and water rules.

Tree Removal & Heritage Trees

Some Restrictions

Private yard trees in San Bernardino can usually be removed without a permit, but heritage and street trees require city approval, and riparian or hillside trees may trigger CEQA and nesting rules.

Private yard trees: Generally removable without a city permitStreet trees: Public Works permit required to remove or major pruneHeritage trees: Permit and replacement planting requiredNesting season: Feb 1 to Sept 1 bird survey may be required

Water Restrictions

Heavy Restrictions

San Bernardino Municipal Water Department enforces year-round water waste rules and drought stages. Hosing hardscape is banned, irrigation is limited to set days, and AB 1572 phases out non-functional turf.

Prohibited practices: Hosing hardscape, runoff, and non-recirculating fountains bannedWatering window: Morning and evening only on assigned daysAB 1572: Phasing out potable water on non-functional turf at commercial sitesMWELO: New landscapes need smart controllers, drip, and rain sensors

Tree Trimming

Some Restrictions

San Bernardino owners must keep trees trimmed for sidewalk and street clearance, and in foothill fire zones limbs must be at least six feet above ground and canopies 10 feet apart under PRC 4291.

Sidewalk clearance: Minimum 8 ft vertical clearance over sidewalksStreet clearance: Minimum 14 ft vertical clearance over public streetsVHFHSZ pruning: Limbs 6 ft off ground and 10 ft canopy separation under PRC 4291Chimney rule: No branches within 10 ft of a chimney outlet

General Permit Tips

When do you typically need a permit?

Most cities require permits for structural work, including fences over a certain height, pools, ADUs, and sheds above a size threshold. Even projects that seem minor can trigger permit requirements, so it is always best to check first.

How to apply for a building permit

Visit your local building department or their website. Most jurisdictions accept online applications. You will typically need a site plan, project description, and may need contractor information. Processing times vary from same-day for simple projects to several weeks for larger builds.

Common permit violations to avoid

Building without a permit, exceeding approved dimensions, and ignoring setback requirements are the most common violations. Penalties can include fines, required removal of the structure, and complications when selling your home.

Permit Guides for Nearby Cities

Looking for rules beyond permits? View all ordinances we track for San Bernardino.