Clayton · Building on your lot

Building on your lot in Clayton

Clayton sets height and setback limits for accessory structures and limits fences and plantings near intersections. It also has a chapter on home occupation permits.

Ask about building on your lot in Clayton See coverage

Key points

Accessory structures: Accessory structures are limited to 16 feet; the reduced 5-foot side and rear setbacks need at least 65 feet from the front lot line.
Corner visibility: Near intersections, fences and plantings are limited to 2½ feet above curb grade or 3 feet above the pavement within a 35-foot triangle.
Home businesses: Clayton issues home occupation permits under Chapter 17.71 of its code.

Each rule below is marked Clayton code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Clayton code What Clayton's code adds
Corner visibility	Nothing over 2½ feet above curb grade or 3 feet above pavement edge within a 35-foot triangle at the intersection. Applies: Visibility triangles where state highways, public roads or city streets meet. § 12.08.010 · code text No structure (including but not limited to fences and gateways), trees, shrubbery or other vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road, or city street with another state highway, public road or city street, shall be constructed, grown, maintained or permitted higher than two and one-half (2½) feet above the curb grade, or three (3) feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines thirty-five (35) feet back from the point of their intersection
Permit	Yes. A permit is needed for a fence, hedge or planting in a right-of-way that could block people or vehicles. Applies: Fences, hedges, shrubs, plantings or similar structures in a right-of-way. § 12.04.510 · code text No hedge, shrub, or other planting whatever, fence or similar structure shall be planted, erected, or maintained in a right-of-way where there is a potential to impair or impede pedestrian or vehicular traffic without a permit.

Sheds, garages and other accessory structures

Clayton code What Clayton's code adds
Maximum height	No more than 16 feet. § 17.36.055 · code text An accessory building or structure shall not exceed sixteen (16) feet in height.
Side and rear setback	At least 5 feet from the interior side and rear lines. Applies: Accessory buildings at least 12 feet from the main building and all other accessory buildings, and at least 65 feet from the front lot line. § 17.36.055 · code text If an accessory building is at least twelve (12) feet from the main building (and all other accessory buildings) and at least sixty-five (65) feet from the front lot line, the interior side setback and rear setback for accessory structures are reduced to five (5) feet. At least 5 feet from the interior side and rear lines. Applies: Accessory structures that are not buildings, measured clear of all overhangs. § 17.36.055 · code text The interior side setback and rear setback for an accessory structure are reduced to five (5) feet.
Distance from the house	At least 12 feet from the main building to use the reduced 5-foot side and rear setbacks. Applies: The building must also be at least 65 feet from the front lot line and 12 feet from other accessory buildings. § 17.36.055 · code text If an accessory building is at least twelve (12) feet from the main building (and all other accessory buildings) and at least sixty-five (65) feet from the front lot line, the interior side setback and rear setback for accessory structures are reduced to five (5) feet. A clear passage at least 5 feet wide between buildings. Applies: Between an accessory building and the main building or other accessory buildings. No roof overhangs or other protrusions may be in it. § 17.36.055 · code text An accessory building must be fully separated from the main building (and any other accessory buildings) by a passageway at least five (5) feet in width which is clear of all structural protrusions, including roof overhangs.

Solar panels and EV chargers

Clayton code What Clayton's code adds
EV charger permit	Expedited administrative review; the permit issues after the Building Official approves a complete application and fees are paid. Applies: Applies to EV charging stations. Complete means everything the standard form and checklist require. An electronic application may get an electronic permit. § 15.96.040 · code text The Building Official shall establish and implement an administrative review process to expedite approval of electric vehicle charging stations.
Solar height and setbacks	Panels may not exceed the zoning district's building height limit to qualify for the expedited permit. Applies: Small rooftop systems (up to 10 kilowatts AC or 30 kilowatts thermal) on a detached single-family home or duplex. § 15.94.020 · code text The solar panel or module array, when installed on a rooftop, does not exceed the building height limit of the zoning district in which it is located.
Solar permit process	Expedited, streamlined permits; apply electronically if you wish; the permit issues after approval and payment of required fees. Applies: Applies to small residential rooftop solar systems. § 15.94.020 · code text The following expedited, streamlined permitting process applies to application for a building permit to install a small residential rooftop solar energy system:

Tree removal

Clayton code What Clayton's code adds
Exemptions	Emergency removal is allowed if the owner applies within 72 hours after removal. Applies: Applies when the tree is in dangerous condition and is an immediate threat to people or structures. § 15.70.050 · code text The property owner shall retro-actively submit an application to the Community Development Department within seventy-two (72) hours of the tree removal. Emergency removal is allowed; the owner applies within 72 hours after removal. Applies: Applies when the tree blocks the containment of a fire. § 15.70.050 · code text The tree is obstructing the containment of a fire. Emergency removal is allowed; the owner applies within 72 hours after removal. Applies: Applies when the City Engineer finds the tree blocks flood waters in creek beds or waterways. § 15.70.050 · code text The tree is obstructing flood waters in creek beds or waterways, as determined by the City Engineer.
Permit to remove	Yes, a tree removal permit is required. Applies: Applies to a tree with one trunk, or several trunks, totaling 6 inches or more in diameter. § 15.70.020 · code text A tree removal permit shall be obtained prior to the removal of: Yes, a tree removal permit is required. Applies: Applies to a tree of any size the City required to be planted under a plan approved after April 1, 2005. § 15.70.020 · code text A tree removal permit shall be obtained prior to the removal of:
Protected trees	A tree with one or more trunks totaling 6 inches or more in diameter. Applies: On private or public property. § 15.70.020 · code text A tree with a single trunk or multiple trunks with a cumulative trunk diameter of six (6) inches or greater, located on private or public property; A tree of any size required to be planted under a development, landscape or tree replacement plan. Applies: Only plans the City approved after April 1, 2005. § 15.70.020 · code text A tree of any size specifically required to be planted as part of a development application, landscape plan, or tree replacement plan approved by the City after April 1, 2005.
Replacement trees	Replacement trees planted under a tree replacement plan that fully offsets the impacts of the removal. Applies: Applies when the permit relies on replacement to qualify for approval. § 15.70.030 · code text The tree will be replaced by replacement tree(s) planted pursuant to a tree replacement plan prepared in accordance with the standards of Section 15.70.040 which fully mitigates the impacts created by the removal of the tree. The Director may waive the tree replacement plan. Applies: Applies when removal has no significant impact because the tree is minor or other trees on the property make up for it. § 15.70.030 · code text The Director may waive the requirement for a tree replacement plan if the Director determines that removal of the tree will not cause a significant impact since the tree is minor in nature or existing trees on the property adequately compensate for removal of the tree.

Swimming pools

Clayton code What Clayton's code adds
Pool barrier	Openings, holes or gaps no larger than 4 inches, measured horizontally. Applies: Homes with a pool or outdoor water over 18 inches deep, or less than 18 inches deep with over 250 square feet of surface. § 8.12.030 · code text with openings, holes, or gaps therein no larger than four (4) inches measured horizontally, except for doors or gates A house or accessory building may form part of the enclosure. Applies: Homes with a pool or outdoor water over 18 inches deep, or less than 18 inches deep with over 250 square feet of surface. § 8.12.030 · code text provided, however, that a dwelling house or accessory building may be used as a part of such enclosure. No pool fence is needed only if all apply, starting with a lot of at least 20,000 square feet. Applies: At most 4 homes within 250 feet; pool not within 300 feet of school or playground, or 55 feet of a dwelling or adjacent property. § 8.12.060 · code text The fence required by this chapter need not be erected or maintained when all of the following conditions exist: The fence must be installed before a newly built pool is put into use. § 8.12.050 · code text The fence required by this chapter shall be installed around all pools within ninety (90) days from and after April 19, 1969, and before any newly constructed pool is put into use.
Barrier height	The fence or wall must be at least 4½ feet high. Applies: Homes with a pool or outdoor water over 18 inches deep, or less than 18 inches deep with over 250 square feet of surface. § 8.12.030 · code text a fence or wall not less than four and one-half (4½) feet high, with openings, holes, or gaps therein no larger than four (4) inches measured horizontally

Pets, chickens and bees

Clayton code What Clayton's code adds
Large animals	No more than 2 agricultural animals. Applies: Outside R-40-H and Agricultural zones; needs a Planning Commission Use Permit; only for a minor who is a real 4-H or similar club member. § 17.36.070 · code text The keeping of not more than two (2) agricultural animals within zoning districts other than R-40-H and Agricultural is allowed subject to a Use Permit obtained from the Planning Commission. Barns, stables or shelters: at least 100 feet from the front line and 50 feet from side or rear lines. Applies: Applies to barns, stables or shelters for horses or livestock. § 17.16.130 · code text Any barn, stable, or shelter for equestrian or agricultural livestock shall be set back not less than one hundred (100) feet from the front property line and shall be not less than fifty (50) feet from any side or rear property line, unless the side or rear property line adjacent to the barn, stable, or shelter abuts land in an A or R-40-H District, in which case the side or rear setback is twenty (20) feet. The side or rear setback is 20 feet. Applies: Applies when that side or rear line next to the barn, stable or shelter borders land in an A or R-40-H District. § 17.16.130 · code text Any barn, stable, or shelter for equestrian or agricultural livestock shall be set back not less than one hundred (100) feet from the front property line and shall be not less than fifty (50) feet from any side or rear property line, unless the side or rear property line adjacent to the barn, stable, or shelter abuts land in an A or R-40-H District, in which case the side or rear setback is twenty (20) feet. Fenced pastures, paddocks or animal enclosures must be at least 10 feet from any property line or street pavement edge. Applies: Applies to horse or livestock areas. § 17.16.130 · code text Fenced pasture, paddocks, or other enclosed equestrian or agricultural livestock areas shall not be located nearer than ten (10) feet to any property line or nearest edge of street pavement, unless the side or rear property line abuts permanently uninhabited land, in which case, the side or rear setback is five (5) feet. The side or rear setback is 5 feet. Applies: Applies to horse or livestock enclosures when the side or rear line borders permanently uninhabited land. § 17.16.130 · code text Fenced pasture, paddocks, or other enclosed equestrian or agricultural livestock areas shall not be located nearer than ten (10) feet to any property line or nearest edge of street pavement, unless the side or rear property line abuts permanently uninhabited land, in which case, the side or rear setback is five (5) feet.
Pet limit	No more than 5 dogs in any combination, or 3 pot bellied pigs over 6 months old. Applies: Per lot. § 17.04.104 · code text The number of larger animals kept on a single lot shall be limited to: no more than five (5) of any combination of dogs or three (3) pot bellied pigs over six (6) months of age shall be allowed.

Other Clayton rules on this

Clayton's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Home occupation permits (Ch. 17.71)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Clayton?

Near intersections, fences and plantings are limited to 2½ feet above curb grade or 3 feet above the pavement within a 35-foot triangle.

How big can a shed or accessory building be in Clayton?

Accessory structures are limited to 16 feet; the reduced 5-foot side and rear setbacks need at least 65 feet from the front lot line.

Can I run a business from my home in Clayton?

Clayton issues home occupation permits under Chapter 17.71 of its code. Clayton also has a related rule: Home occupation permits (Ch. 17.71).

Do I need a permit for solar panels or an EV charger in Clayton?

Clayton's code: Expedited administrative review; the permit issues after the Building Official approves a complete application and fees are paid. (Applies to EV charging stations. Complete means everything the standard form and checklist require. An electronic application may get an electronic permit.) (§ 15.96.040); Panels may not exceed the zoning district's building height limit to qualify for the expedited permit. (Small rooftop systems (up to 10 kilowatts AC or 30 kilowatts thermal) on a detached single-family home or duplex.) (§ 15.94.020).

Do I need a permit to remove a tree in Clayton?

Clayton's code: Emergency removal is allowed if the owner applies within 72 hours after removal. (Applies when the tree is in dangerous condition and is an immediate threat to people or structures.) (§ 15.70.050); Emergency removal is allowed; the owner applies within 72 hours after removal. (Applies when the tree blocks the containment of a fire.) (§ 15.70.050).

What are the pool fence and setback rules in Clayton?

Clayton's code: Openings, holes or gaps no larger than 4 inches, measured horizontally. (Homes with a pool or outdoor water over 18 inches deep, or less than 18 inches deep with over 250 square feet of surface.) (§ 8.12.030); A house or accessory building may form part of the enclosure. (Homes with a pool or outdoor water over 18 inches deep, or less than 18 inches deep with over 250 square feet of surface.) (§ 8.12.030).

Can I keep chickens or bees at my home in Clayton?

Clayton's code: No more than 2 agricultural animals. (Outside R-40-H and Agricultural zones; needs a Planning Commission Use Permit; only for a minor who is a real 4-H or similar club member.) (§ 17.36.070); Barns, stables or shelters: at least 100 feet from the front line and 50 feet from side or rear lines. (Applies to barns, stables or shelters for horses or livestock.) (§ 17.16.130).

General information, not legal advice.

Ask about a specific Clayton property

Ask GoCodebook how these rules apply to your address and get an answer that cites the section.

Ask your question

More on Clayton

Clayton Municipal Code — full text

Renting & eviction in Clayton

Buying & selling in Clayton

Clayton overview