Before You Build in Tempe, AZ: Permit & Rule Checklist (2026)

Tempe exempts a retaining wall from a building permit only if it is 4 feet or less, measured from the bottom of the footing to the top of the wall, under City Code Sec. 8-105.2(g); taller walls, or any wall holding back Class I-IIIA liquids, need a permit.

Tempe limits a front-yard fence or wall to 4 feet, rear and side yard walls to 10 feet, 8 feet for single-family homes, and requires a building permit for any fence or wall taller than 7 feet, under Section 4-706(A) of the Zoning and Development Code. A use permit can raise the front-yard cap to 6 feet, plus 2 more feet for architectural features like pergolas.

Tempe caps front-yard walls and fences at 4 feet (6 feet with a use permit) and rear/side yard walls at 10 feet, 8 feet for single-family lots. Any fence or wall over 7 feet triggers a mandatory building permit under the Zoning and Development Code.

Above-ground pools in Tempe must meet the same barrier requirements as in-ground pools if they hold water deeper than 18 inches. The pool walls may serve as part of the barrier if they meet height requirements and ladders are removable or lockable.

Tempe enforces strict pool barrier requirements aligned with Arizona state law (ARS 36-1681). All pools, hot tubs, and spas with water over 18 inches deep must be enclosed by a barrier at least 5 feet high with self-closing, self-latching gates. Gate latches must be at least 54 inches above grade. The city inspects pool barriers during construction, remodels, and property sales.

Tempe allows one attached and one detached ADU on any residential lot under an acre, capped at 1,000 square feet of habitable area or 75 percent of the main house, whichever is smaller. Larger lots get a bigger unit and a possible third ADU tied to affordability.

Tempe's Zoning and Development Code lets homeowners build a tiny home as an accessory dwelling unit under Section 3-402(F)(4), as long as it sits on a permanent foundation and meets the city's adopted building code for tiny houses. That building code, at Section 8-300, caps a qualifying tiny house at 120 to 400 square feet.

Tempe draws the line between a permit-free accessory structure and a regulated accessory building at 200 square feet or 8 feet in height. Anything larger must sit at least 3 feet from side and rear lines, gain a foot of setback for every foot of height above 9 feet, and top out at 15 feet.

Tempe bans all outdoor fires, including fire pits and other open burning, from May 1 through September 30 each year under general code § 13A-27(a). Outside that window, no outdoor fire may burn during a high pollution advisory or a county-declared restricted burn period, and the only way around the ban is a state-authorized exception or permit under A.R.S. § 49-501.

Tempe bans wasting water on landscaped property under General Code Section 33-121, and Section 33-122 spells out the irrigation failures that count as waste: broken spray or bubbler heads, leaking drip lines, and unmaintained automatic timers. There is no assigned watering-day schedule; instead Public Works cites and escalates against any sprinkler, drip or misting system that lets water run off the property or into the street.

Tempe requires property owners to trim trees that overhang public rights-of-way to maintain clearance for pedestrians and vehicles. Trees on private property must be maintained to prevent hazards. City-owned trees are maintained by the Parks department.

Trees on private residential property in Tempe can generally be removed without a city permit unless they are protected native species under ARS 3-901. Protected species (saguaro, palo verde, ironwood) require an Arizona Department of Agriculture permit. City street trees cannot be removed by residents. New development must include tree preservation in landscape plans.