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

Tulare Municipal Code § 10.16.160 specifies that front-yard fences must have a see-through top foot (wrought iron or similar). Masonry fences over 3 feet require engineered footings and a building permit; any fence over 7 feet requires engineered post footings and a permit regardless of material.

Tulare Municipal Code § 10.16.160 caps fences at 4 feet in the required front yard (and street-side yard of corner lots) and 7 feet in side/rear yards. Walls taller than 7 feet require Planning Commission approval, typically only granted to mitigate noise impacts identified in the Tulare General Plan.

Tulare Municipal Code § 10.16.160 sets a 5-foot minimum pool fence height; California Health & Safety Code § 115922 (Swimming Pool Safety Act) imposes the stricter standard of a 60-inch barrier plus at least two of seven approved drowning-prevention safety features for any new or remodeled residential pool or spa.

Tulare does not have a city-level shared-fence ordinance — California Civil Code § 841 (the Good Neighbor Fence Act) governs. Adjoining owners are presumed to share equally in the reasonable cost of building, maintaining, or replacing a boundary fence, after 30 days' written notice.

Tulare follows the California Building Code: retaining walls 4 feet or less in height (measured from the bottom of the footing to the top of the wall) are exempt from a building permit — unless they support a surcharge or impound Class I, II, or III-A liquids. Walls over 4 feet require engineered plans and a building permit.

Hot tubs and spas in Tulare are 'swimming pools' under Cal. Health & Safety Code § 115921 and normally require the same 60-inch enclosure as a pool. BUT Cal. HSC § 115925 exempts 'hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard' from the Swimming Pool Safety Act's fencing/alarm requirements. A building permit is still required for electrical and structural work.

Above-ground pools holding water more than 18 inches deep are 'swimming pools' under Cal. Health & Safety Code § 115921 and must be enclosed per Tulare Code §§ 10.16.160 / 10.18.160. A narrow exemption applies under the California Residential Code: prefabricated above-ground pools serving a Group R-3 home, holding under 5,000 gallons AND less than 24 inches deep, do not require a building permit (but zoning setbacks still apply).

Tulare follows the California Swimming Pool Safety Act. New construction or remodels at single-family homes must install at least TWO of seven approved drowning-prevention features under Cal. Health & Safety Code § 115922, plus anti-entrapment suction outlets under § 115928. Drowning is the leading cause of unintentional death for California children ages 1–4.

Building permits required for in-ground and most above-ground pools and spas through the Tulare Community Development Department. Construction must comply with the California Building Code (Title 24) and the Swimming Pool Safety Act (Cal. Health & Safety Code § 115920 et seq.). No pool may be filled with water until the enclosing fence is inspected and approved per Tulare Code §§ 10.16.160 / 10.18.160.

Tulare Code §§ 10.16.160 / 10.18.160 require every swimming pool to be entirely enclosed by structures, fences, or walls complying with the California Swimming Pool Safety Act. Pool fences must be at least 5 feet tall (state law requires 60 inches) with no openings larger than 4 inches, and gates must self-close and self-latch.

Tulare allows one accessory dwelling unit (ADU) per single-family parcel in R-1, R-M, and R-H zones under TMC § 10.60.030, plus one junior ADU under § 10.60.040. The city mirrors state law: minimum 4 ft side/rear setbacks, no local development standard (lot coverage, FAR, open space, minimum lot size) may block an ADU up to 800 sq ft. Detached ADUs may be up to 16 ft tall; attached ADUs may match the primary dwelling height up to 25 ft. Conversions of existing space are exempt from setback rules under Gov. Code § 65852.2.

Converting an existing garage to an Accessory Dwelling Unit (ADU) in Tulare is governed primarily by California Government Code § 65852.2, which preempts most restrictive local rules. The city must ministerially approve a garage-conversion ADU on any lot with an existing or proposed single-family dwelling. The local agency cannot require replacement of off-street parking spaces lost to the conversion, and existing structures converted to ADUs are exempt from local setback requirements. Tulare Municipal Code Ch. 10.204 (Accessory Structures) implements these state mandates locally.

Tulare does not have a tiny-home-specific ordinance. Tiny homes on foundations are regulated under Appendix AQ of the 2022 California Residential Code (CRC), Title 24 Part 2.5 — which defines a tiny house as a dwelling 400 sq ft or less excluding lofts. Such a unit can be permitted only as an ADU under Gov. Code § 65852.2 (subject to local ministerial review) or as a primary dwelling meeting full CRC requirements. Movable/wheeled tiny homes (THOWs) are treated as recreational vehicles under Health & Safety Code § 18010 and may not be used as permanent dwellings outside a permitted RV park.

Carports in Tulare are regulated under TMC § 10.32.060 (Development Standards) and Chapter 10.204 (Accessory Structures). Single-family dwellings must have a minimum of two covered parking spaces, each at least 9 ft wide and 20 ft deep — a carport satisfies this 'covered' requirement. Carports must be set back at least 10 ft from any dwelling on the lot. Where a carport opens onto a public street, a 20-ft driveway apron is required between the structure and the street. All parking surfaces (including the carport pad and driveway) must be asphalt concrete, chip seal, or comparable all-weather surfacing.

Tulare Municipal Code Chapter 10.204 (Accessory Structures) governs sheds. One-story detached tool/storage sheds, playhouses and similar structures with a floor area not greater than 120 square feet are exempt from building permits, though zoning rules still apply. Residential accessory structures may be located within 3 feet of the rear property line and within 10 feet of any street-side yard property line; front setbacks must match the underlying zoning district. The minimum distance between any structure used for human habitation and a detached shed, garage, or carport is 10 feet (TMC § 10.32.060).

Tulare Municipal Code Chapter 3.12 (Outdoor Burning) regulates all open burning. Open burning of yard waste, trash and construction debris is prohibited; only contained recreational fires (3-foot fire bowl, clean wood/charcoal) and approved cooking are allowed. The city is also inside the San Joaquin Valley Air Pollution Control District where SJVAPCD Rules 4103 (Open Burning) and 4901 (Wood-Burning Devices) layer additional restrictions and require Air District burn permits for any agricultural or hazard-reduction burn.

Tulare Municipal Code Ch. 3.12 (Outdoor Burning) permits residential fire pits, chimineas and outdoor fireplaces only if the fire area is 3 feet or less in diameter, fuel is clean dry wood or charcoal, and the device sits at least 10 feet from any structure or combustible material (exception for outdoor fireplaces at one- and two-family dwellings). Fires must be constantly attended by a non-impaired adult.

Tulare Municipal Code Chapter 7.32 imposes mandatory year-round outdoor watering restrictions tied to a stage-based conservation framework. Odd-numbered addresses water Tuesday and Saturday; even-numbered addresses water Wednesday and Sunday. Irrigation between 11 a.m. and 6 p.m. is always prohibited (§ 7.32.050). Tulare sits in the Kaweah Subbasin, designated critical-overdraft under SGMA, making compliance unusually aggressive.

Tulare Municipal Code Chapter 8.32 governs street trees and city-maintained landscaping. § 8.32.060 (Street tree and plant maintenance) authorizes the Director of Public Works to require property owners to prune or remove privately planted material interfering with street tree health. § 8.52.020 requires a permit to remove or destroy a heritage tree on private or public property within the city.