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

The City of Westminster's zoning code (WMC 17.300.030, Table 3-2) generally caps fences, walls and hedges at six feet, but limits them to three feet within a required front-yard or street-side-yard setback. Corner-lot fences are further restricted where they obstruct traffic visibility.

Westminster fences must meet the zoning standards in WMC 17.300.030 regardless of permit status. California's Building Code (CBC 105.2) exempts most fences up to seven feet from a building permit, but taller fences, retaining walls over four feet, and any work in a setback or visibility area trigger city review.

Westminster's zoning code (WMC 17.300.030) controls how tall and what type a boundary fence may be, including how height is measured between properties at different grades. Cost-sharing for a shared fence is governed by California's statewide Good Neighbor Fence Law, Civil Code 841, not by a Westminster ordinance.

Westminster's zoning code (WMC 17.300.030) controls how the height of a wall is measured between properties and within five feet of a right-of-way. Whether a building permit is required for a retaining wall follows California's statewide rule: masonry/concrete walls over four feet (from footing) need a permit under CBC 105.2.

Westminster allows common fence materials — wood, vinyl, masonry, chain-link, and decorative wrought iron — subject to the height and visibility rules of WMC 17.300.030. Hazardous materials such as electrified wire, razor/concertina wire, and barbed wire (in R1–R5) are banned, while wrought-iron decorative tips are expressly permitted.

The City of Westminster Building Division requires a building permit to construct a swimming pool or spa. Standard plans built to City standards can often be checked over the counter and the permit issued the same day. Pool barrier and electrical/plumbing work is reviewed under the codes adopted in Title 15 of the Municipal Code.

Westminster requires pools and spas to be fenced and secured with approved materials. The barrier standards come from the California Swimming Pool Safety Act, adopted through the City's building codes: new pools at single-family homes must include at least two approved drowning-prevention features, including an enclosure at least 60 inches high with a self-closing, self-latching gate.

Westminster requires pools and spas to be kept clean, safe, and sanitary, and enforces the California Swimming Pool Safety Act through its adopted building codes. New residential pools must include at least two approved drowning-prevention features chosen from a state list of seven, such as a compliant barrier, alarms, or an approved safety cover.

Westminster's accessory-structure ordinance treats above-ground pools differently from in-ground pools. Municipal Code section 17.400.130 states that spas (in-ground or above ground) and above-ground pools are not considered "swimming pools" for that section's setback rules. A building permit may still be required, and the state Pool Safety Act and barrier rules still apply to qualifying pools.

Westminster requires a building permit for spas and treats spas (in-ground or above ground) as not "swimming pools" under accessory-structure section 17.400.130. Spas must be fenced/secured and kept clean and sanitary. The state Swimming Pool Safety Act barrier rules apply to spas that are not protected by an approved locking safety cover.

Westminster regulates accessory dwelling units under Permanent Ordinance No. 2572 (adopted March 24, 2021) and Zoning Code Section 17.400.135. ADUs are approved ministerially (no discretionary hearing) on a combined Planning Zoning Clearance and Building plan check, consistent with California state ADU law.

Westminster allows converting an existing garage or accessory structure into an accessory dwelling unit under Zoning Code Section 17.400.135 and Ordinance No. 2572. The city's ADU page lists garage conversion as a recognized way to create an ADU. Converting a garage to non-ADU living space without permits is prohibited.

Westminster regulates detached accessory structures, including sheds, under Zoning Code Section 17.400.130. Small sheds 120 square feet or less and 7 feet or less in height are exempt from zoning development restrictions (though Building and Fire codes still apply) if placed behind the dwelling's front building line and inside required setbacks.

In Westminster, carports may be permitted in the R1 single-family zone only in addition to the minimum number of enclosed garage spaces required by the Zoning Code. Required residential parking must be located in garages, carports, or approved parking areas under Chapter 17.320 (Off-Street Parking and Loading).

Westminster's Municipal Code has no separate "tiny home" category. Living in accessory structures is prohibited, and recreational vehicles or trailers may not be used as living quarters except in an approved mobile home park. A movable or fixed tiny house used as a residence must instead qualify as an accessory dwelling unit under Section 17.400.135.

Westminster has no standalone fire-pit ordinance. Recreational fire pits are governed by the California Fire Code (adopted in WMC Chapter 15.22 and enforced by the Orange County Fire Authority) and South Coast AQMD air-quality rules. Use approved devices, keep clearances, and never let smoke create a nuisance.

Open outdoor burning of trash, leaves, and yard waste is effectively prohibited in Westminster. The South Coast AQMD bans residential open burning across this urban air basin, and the Orange County Fire Authority enforces California Fire Code burn limits. Use trash and green-waste collection instead.

Trees in the parkway between the sidewalk and curb are City trees. The City trims them on a predetermined schedule, while the adjacent homeowner is responsible only for watering. Under Westminster's Street Forestry Policy (Chapter 12.12), no one may cut, trim, prune, or otherwise interfere with a street tree without a permit from the Public Works Director.

Parkway and street trees are City property; residents may not remove them. Under Westminster's Street Forestry Policy (Chapter 12.12), no person may remove a street tree without a permit from the Public Works Director. The City handles removal and replacement of street trees, including those damaging public infrastructure.

Westminster has year-round water rules in Municipal Code Chapter 13.14, aligned with state regulations. Landscape watering days are capped by the City's posted schedule, and limits tighten under declared shortage levels (Level 1 = 4 days/week; Nov 1-Mar 31 = 2 days/week; Level 3 = 1 day/week). Runoff and leaks are restricted.