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

Tempe does not require neighbor consent to build a fence on your property, but fences must be within your property lines. Shared boundary fences are governed by Arizona state law, which generally splits costs equally between benefiting property owners.

Tempe requires building permits for retaining walls over 4 feet in height. Walls exceeding 4 feet must be designed by a licensed engineer. Combined height of retaining wall and fence on top counts toward height limits. Retaining walls must not redirect drainage onto neighboring properties. The building code (Chapter 8) and Zoning and Development Code govern retaining wall construction.

Tempe's zoning code limits residential fence heights to 6 feet in side and rear yards and 3 feet in front yards. Corner lots may have additional visibility triangle requirements to ensure driver sight lines at intersections.

Tempe generally does not require a building permit for standard residential fences up to 6 feet in height. Fences exceeding 6 feet, masonry walls, and fences with electrical components require a permit.

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 requires building permits for pools, spas, and hot tubs. Arizona has strict pool barrier requirements under ARS §36-1681. Inspections required.

Tempe enforces pool safety regulations including barrier requirements, drain covers, and maintenance standards. Pools must be maintained to prevent becoming health hazards or mosquito breeding grounds. Arizona law also requires pool safety notices.

Tempe requires all residential swimming pools to be enclosed by a barrier at least 5 feet high with self-closing, self-latching gates. This applies to in-ground and above-ground pools, spas, and hot tubs containing water deeper than 18 inches.

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.

Hot tubs and spas in Tempe are regulated under the swimming pool code and ARS 36-1681. Spas with water over 18 inches deep require barrier protection. Electrical installations need a permit with GFCI protection. Lockable ASTM-compliant safety covers can serve as an alternative to barrier enclosure. Given Tempe's climate, hot tubs are popular year-round.

Tempe permits Accessory Dwelling Units (ADUs) in residential zones following a 2022 ordinance update. ADUs can be detached, attached, or converted from existing structures. They must meet size, setback, and design standards but do not require additional parking.

Garage conversions in Tempe require a building permit and must comply with zoning standards including parking requirements. Converting a garage to living space may require providing replacement off-street parking.

Tempe allows sheds and other accessory structures in residential zones. Small sheds under 200 square feet typically do not require a building permit but must comply with setback and height requirements under the zoning code.

Tiny homes on permanent foundations may be permitted in Tempe as ADUs under the city's Zoning and Development Code. Tempe allows both attached and detached ADUs on single-family lots. Tiny homes on wheels are classified as recreational vehicles and cannot serve as permanent residences. Arizona HB 2720 (2024) expanded ADU rights statewide, and Tempe updated its ADU ordinance accordingly.

Carports in Tempe are regulated under the Zoning and Development Code and building code (Chapter 8). A building permit is required for carport construction. Carports must comply with setback requirements of the applicable zoning district. Accessory structures like ramadas and small sheds are limited to 200 square feet and 8 feet in height before being classified as accessory buildings subject to additional standards.

Tempe allows recreational fire pits under specific conditions. Pits must be contained in an approved vessel, use clean-burning fuels, and maintain clearance from structures and combustible materials. No-burn advisories must be observed.

Tempe prohibits open burning within city limits due to Maricopa County air quality regulations. Recreational fires in approved fire pits may be allowed under specific conditions, but burning of trash, leaves, and yard waste is banned year-round.

Tempe encourages water conservation and follows Maricopa County water-use guidelines. While mandatory watering schedules are not always in effect, the city promotes xeriscaping and offers rebates for water-efficient landscaping conversions.

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.

Tempe does not require a permit to remove trees on private residential property in most cases. However, trees in the public right-of-way are protected and cannot be removed without city authorization. Native desert trees may have additional protections under state law.