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Marin County, CA Public Conduct: Public Urination (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Open Space District Code § 02.02.110
Entrance buffer
50 feet from any entrance
Water source buffer
100 feet from wells, creeks, streams
Burial depth required
Minimum 6 inches
Penalty class
Infraction, except wastewater is misdemeanor
Enforcing agency
Uniformed open space park rangers

Summary

Marin County Open Space District Code section 02.02.110 bars urinating or defecating within fifty feet of any entrance to district lands, within one hundred feet of any water source such as a well, creek or stream, or anywhere in public view. Hikers who must go elsewhere on the trail must bury waste at least six inches deep.

These county ordinances apply to unincorporated areas of Marin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

02.02.110 - Sanitation. No person using district lands shall do any of the following: A.Urinate or defecate, or permit dogs or other domestic animals, including horses, to urinate or defecate, within fifty feet of any entrance to district lands, nor within one hundred feet of any water source, including wells, creeks and streams;B.Urinate or defecate in public view;C.Fail to bury human waste to a minimum depth of six inches;D.Deposit waste water, sewage or effluent from sinks, portable toilets or other fixtures onto district lands or within reservoirs, lakes, streams, waterways or other bodies of water owned, maintained or otherwise managed by the district.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

110, the sanitation article of the Marin County Open Space District Code (Appendix A to the county code), sets four specific rules for anyone on land the district owns, maintains or manages. Subsection A bars urinating or defecating, or letting a dog or other domestic animal including a horse do so, within fifty feet of any entrance to district lands or within one hundred feet of any water source, expressly naming wells, creeks and streams. Subsection B separately bars urinating or defecating in public view anywhere on district land, regardless of distance from an entrance or water source.

Subsection C requires that human waste be buried to a minimum depth of six inches when it is deposited outside those buffer zones and out of public view. Subsection D extends the sanitation rule to wastewater, sewage or effluent from sinks, portable toilets or other fixtures, prohibiting its discharge onto district lands or into district reservoirs, lakes, streams or waterways. 060 as a misdemeanor; violations of subsections A through C, including urinating near a trailhead or water source, are infractions under that section's default rule. 070 for repeated or unresolved sanitation violations tied to a specific location on the preserve.

Violations & Fines

Urinating or defecating within fifty feet of a preserve entrance, within one hundred feet of a well, creek or stream, or in public view anywhere on district land is an infraction under Section 02.01.060's default rule, since only the wastewater-discharge provision in Section 02.02.110(D) is listed as a misdemeanor. A uniformed open space park ranger who witnesses the act can issue a citation on the spot under Public Resources Code section 5560.1.

Frequently Asked Questions

How close to a trailhead can I not go to the bathroom on Marin open space land?
Section 02.02.110(A) bars urinating or defecating within fifty feet of any entrance to district lands, and separately within one hundred feet of any water source such as a well, creek or stream. The same fifty-foot rule applies if you let a dog or horse do so near an entrance.
Do I have to bury human waste on the trail?
Yes, once you are outside the fifty-foot entrance buffer, the one-hundred-foot water-source buffer and out of public view. Section 02.02.110(C) requires human waste be buried to a minimum depth of six inches; failing to bury it, like the buffer violations, is an infraction under Section 02.01.060.
What penalty applies to violating the district's sanitation rules?
Most violations, including urinating near an entrance or water source and failing to bury waste, are infractions because Section 02.01.060 does not list Section 02.02.110(A) through (C) as misdemeanors. Dumping wastewater, sewage or effluent onto district lands under Section 02.02.110(D) is the one sanitation violation charged as a misdemeanor.

Sources & Official References

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