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Hayward · Building on your lot

Building on your lot in Hayward

Hayward sets fence heights by zone, with detailed limits in its Downtown and Mission Boulevard Corridor zones. A fence near the property line of a residence lot that is unnecessarily higher than 6 ft is a private nuisance.

Key points

  • Fence height: Hayward limits fences to 4 ft in front setbacks and 7 ft in side and rear setbacks in Downtown and Mission Boulevard Corridor zones.
  • Home businesses: In Hayward's Downtown Zones, home businesses may run 8:00 a.m. to 6:00 p.m.; NE and NG zones allow residents only, others 2 employees.

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

Fences and walls

Hayward code What Hayward's code adds
Corner visibility
  • No fences or walls over 3 feet in the Vision Triangle area.
    Applies: In the Mission Boulevard Corridor Zones.
    § 10-24.3.2.040 · code text
    Fences and walls above 3 feet are prohibited in the Vision Triangle area.
  • Screening may not block visibility at the intersection; the city's traffic code visibility rules apply.
    Applies: For lots where 2 or more streets meet, in Downtown Zones.
    § 10-28.3.2.010 · code text
    Where a lot is situated at the intersection of two or more streets, screening may not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, in compliance with Ordinance No. 100 C.S., as amended, Article 9 (Obstructions to Visibility at Intersections Prohibited) of the Hayward Traffic Code, as the same are now in effect or which may be amended or replaced.
Height anywhere on the lot
  • No fence unnecessarily over 6 feet high.
    Applies: Along or near the property lines of a residential lot. A fence unnecessarily higher is a private nuisance.
    § 4-1.06 · code text
    It shall be unlawful for any person to cause, suffer or allow any fence, or other structure in the nature of a fence, unnecessarily exceeding six (6) feet in height, to be erected or maintained along or near the property lines of any residence lot in the City of Hayward.
  • No more than 5 feet.
    Applies: Unroofed courtyard screening in Downtown Zones, set back at least as far as the adjoining building face. Needs Director approval.
    § 10-28.3.2.010 · code text
    Screening installed to create a courtyard without a roof must be a maximum of five feet in height and be set back at least as far as the adjoining building face.
  • No more than 7 feet for the fence and retaining wall together.
    Applies: For fences on or attached to retaining walls in Downtown Zones.
    § 10-28.3.2.010 · code text
    The total height of fences and the retaining walls that they are mounted on or attached to are limited to seven feet in height.
  • No more than 42 inches.
    Applies: Interior fences on mobile home lots. No fence may be closer than 3 feet to a mobile home, cabana, awning or other structure.
    § 5-3.420 · code text
    No interior fence shall exceed a height of forty-two (42) inches nor shall any fence be located closer than three (3) feet to any mobile home, cabana, awning, or other structure.
Front yard height
  • No more than 4 feet.
    Applies: Within the required front setback in Downtown Zones.
    § 10-28.3.2.010 · code text
    Within Required Front Setback | 4'
  • No more than 4 feet.
    Applies: In any part of a front or street side setback in the Mission Boulevard Corridor Zones.
    § 10-24.3.2.040 · code text
    A. Height. Fences and walls shall be constructed to a maximum height of seven (7) feet in any side or rear setback, and to a maximum height of four (4) feet in any portion of a front or street side setback, except that where the rear or side setback is contiguous to the BART tracks, a flood control channel, or parking lot, a maximum 8-foot-high fence or wall is permitted.
Side and rear yard height
  • No more than 7 feet.
    Applies: Within the required side and rear setbacks in Downtown Zones.
    § 10-28.3.2.010 · code text
    Within Required Side and Rear Setback 2 | 7'
  • No more than 4 feet.
    Applies: Along a rear property line where it would block a view, such as where an alley meets a street, in Downtown Zones.
    § 10-28.3.2.010 · code text
    When installed along a rear property line, such as at the intersection of an alley and a street, that will obstruct a view, maximum 4'.
  • No more than 7 feet.
    Applies: In any side or rear setback in the Mission Boulevard Corridor Zones.
    § 10-24.3.2.040 · code text
    A. Height. Fences and walls shall be constructed to a maximum height of seven (7) feet in any side or rear setback, and to a maximum height of four (4) feet in any portion of a front or street side setback, except that where the rear or side setback is contiguous to the BART tracks, a flood control channel, or parking lot, a maximum 8-foot-high fence or wall is permitted.
  • Up to 8 feet.
    Applies: Where a side or rear setback borders the BART tracks, a flood control channel or a parking lot, in Mission Boulevard Corridor Zones.
    § 10-24.3.2.040 · code text
    A. Height. Fences and walls shall be constructed to a maximum height of seven (7) feet in any side or rear setback, and to a maximum height of four (4) feet in any portion of a front or street side setback, except that where the rear or side setback is contiguous to the BART tracks, a flood control channel, or parking lot, a maximum 8-foot-high fence or wall is permitted.
Permit
  • Yes. Director approval is needed before a Building Permit is issued, as applicable.
    Applies: For courtyard screening and fences on retaining walls in Downtown Zones.
    § 10-28.3.2.010 · code text
    The following screening types must comply with the specified requirements and requires Director approval before issuing a Building Permit, as applicable.

Running a business from home

Hayward code What Hayward's code adds
Customer visits
  • Up to 2 customers on site at one time.
    Applies: For Class A cottage food operations selling directly, in Downtown Zones (NE, NG, UN, DT-MS, UC).
    § 10-28.3.5.040 · code text
    Class A CFOs are allowed to engage in direct sale, including up to two customers on-site at one time;
  • Customers only between 8:00 a.m. and 6:00 p.m. daily; outdoor customer activity must stop at sunset.
    Applies: For home occupations in Downtown Zones (NE, NG, UN, DT-MS, UC).
    § 10-28.3.5.040 · code text
    Customers/clients are only allowed to patron the home occupation between 8:00 a.m. and 6:00 p.m. daily. Outdoor customer or client activity must cease at sunset.
Employees
  • Only residents of the home.
    Applies: In the NE and NG Zones.
    § 10-28.3.5.040 · code text
    In NE and NG Zones, employees of the home occupation are limited to residents of the dwelling.
  • Up to 2 employees who do not live in the home may work inside it.
    Applies: In the UN, DT-MS and UC Zones.
    § 10-28.3.5.040 · code text
    In UN, DT-MS, and UC Zones,up to two employees of the home occupation other the residents of the dwelling are allowed to work within the dwelling.
  • 1 employee on site, not counting residents of the home.
    Applies: For cottage food operations in Downtown Zones (NE, NG, UN, DT-MS, UC).
    § 10-28.3.5.040 · code text
    There may be one employee onsite, excluding residents of the dwelling;
Permit
  • A business license.
    § 10-28.3.5.040 · code text
    A home occupation requires the approval of a business license consistent with Chapter 8-1 (Business Licenses) of the Hayward Code.
  • An annual license fee of $6.70.
    Applies: For dressmaking, alterations, hemstitching or similar work at home, with no employees and no other specific license.
    § 8-1.75 · code text
    Every person conducting, managing or carrying on the business of dressmaking, alterations, hemstitching or other similar activity, at his residence, and does not employ others, and who is not elsewhere specifically licensed, shall pay an annual license fee of six dollars and seventy cents ($6.70).
Businesses not allowed
  • adult entertainment activities; banks and financial institutions; organized classes totaling more than six persons at one time; businesses involving hazardous materials unless approved by the Fire Chief; communication facilities; eating and drinking places; funeral and interment services; laundry and dry-cleaning services; on-site vehicle-related uses; pet day care for more than four household pets; repair work of any kind; treatment or boarding of animals for profit; transient habitation, except for bed and breakfasts where allowed; any use not allowed in the applicable zone
    Applies: Home occupations in Downtown Zones (NE, NG, UN, DT-MS, UC)
    § 10-28.3.5.040 · code text
    The following uses are not allowed as a home occupation:

Tree removal

Hayward code What Hayward's code adds
Permit to remove
  • Yes; Site Plan Review first, approved only if the burden of keeping the tree outweighs the public benefit.
    Applies: Heritage Trees.
    § 10-15.23 · code text
    A Heritage Tree removal permit may be approved only if the reviewing body finds the burden to the Applicant in preserving the tree outweighs the benefit to the public.
Protected trees
  • Native trees of the listed species at least 4 inches in diameter at standard height (DSH).
    Applies: Trees native to the Hayward area.
    § 10-15.14 · code text
    Native Trees to the Hayward area of the following species that have a minimum diameter at standard height (DSH) of four (4) inches or greater:
  • Non-native trees at least 8 inches in diameter at standard height, on commercial lots or residential front yards.
    Applies: Excludes species listed as invasive by the California Invasive Plant Council.
    § 10-15.14 · code text
    Non-Native Trees on commercial properties or in front yards of a residential property, excluding those listed as invasive species by the California Invasive Plant Council, having a minimum DSH of eight (8) inches or greater.
  • Street trees.
    § 10-15.14 · code text
    Street Trees.
  • Memorial trees recognized by the city.
    § 10-15.14 · code text
    Memorial Trees recognized by the City.
  • Replacement trees planted for earlier removed protected trees.
    § 10-15.14 · code text
    Replacement trees that were planted for previously removed Protected Trees.
  • Any tree marked for preservation on an approved map or plan, or required by approval conditions or environmental mitigation.
    § 10-15.14 · code text
    Any tree shown to be preserved on an approved final map, development plan, building permit plan, site plan or required to be retained as a condition of approval or environmental mitigation measure.
  • Trees required by a condition of approval or other zoning rule.
    § 10-15.14 · code text
    Trees required as a condition of approval or other Zoning requirement.
  • Coast redwoods more than 36 inches in diameter at standard height.
    § 10-15.14 · code text
    Coast Redwoods (Sequoia Sempervirens) greater than 36" DSH.

Swimming pools

Hayward code What Hayward's code adds
Pool barrier
  • The fence or wall must keep anyone, including small children, from passing through, under or over it, except at gates.
    § 3-5.51 · code text
    Said fence or wall shall be constructed so as to prevent any person, including small children, from crawling or passing through, under or over the same except at gates therein.
Barrier height
  • At least 4½ feet high.
    Applies: Outdoor pools or other water used for swimming or dipping, more than 2 feet deep.
    § 3-5.51 · code text
    a fence or wall not less than four and one-half (4½) feet in height
Gates
  • Self-closing and self-latching, with the latch at least 4 feet above ground.
    Applies: Unless the latch is otherwise out of reach of small children; house doors forming part of the enclosure are excepted.
    § 3-5.52 · code text
    Such latching shall be placed at least four (4) feet above the ground level or otherwise made inaccessible to small children
Maintenance and empty pools
  • A pool completed after this rule took effect may not be filled until the required fencing is in place.
    Applies: Pools or other bodies of water completed after the rules took effect.
    § 3-5.53 · code text
    No pool or other body of water, the construction of which is completed after the effective date of these regulations, shall be filled with water until the fencing required by the provisions hereof has been provided.

Other Hayward rules on this

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

Who this affects

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Frequently asked questions

How tall can a fence be in Hayward?

Hayward limits fences to 4 ft in front setbacks and 7 ft in side and rear setbacks in Downtown and Mission Boulevard Corridor zones.

Can I run a business from my home in Hayward?

In Hayward's Downtown Zones, home businesses may run 8:00 a.m. to 6:00 p.m.; NE and NG zones allow residents only, others 2 employees.

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

Hayward's code: Yes; Site Plan Review first, approved only if the burden of keeping the tree outweighs the public benefit. (Heritage Trees.) (§ 10-15.23); Native trees of the listed species at least 4 inches in diameter at standard height (DSH). (Trees native to the Hayward area.) (§ 10-15.14).

What are the pool fence and setback rules in Hayward?

Hayward's code: The fence or wall must keep anyone, including small children, from passing through, under or over it, except at gates. (§ 3-5.51); At least 4½ feet high. (Outdoor pools or other water used for swimming or dipping, more than 2 feet deep.) (§ 3-5.51).

General information, not legal advice.

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