Hercules · Building on your lot

Building on your lot in Hercules

Hercules sets its own limits for fences, freestanding accessory structures and home businesses. Fence height depends on the yard, and accessory structure height depends on the distance from a property line.

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Key points

Fence height: Hercules limits fences to 3 ft in the required front yard and 6 ft in rear and side yards; taller only in listed cases.
Accessory structures: Hercules limits freestanding accessory structures to 15 ft, or 8 ft within 10 ft of a property line; side and rear setback 5 ft.
Home businesses: Hercules home businesses may use 1 room or 20% of the floor area, whichever is greater, and need an administrative use permit.

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

Fences and walls

Hercules code What Hercules's code adds
Corner visibility	No more than 3 feet above curb grade within 35 feet of the intersection. Applies: Fences, walls or hedges that block the view of drivers approaching a street intersection. § 13-30.610 · code text No fence, wall or hedge which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road or street with another state highway, public road or street shall be constructed, grown, maintained or permitted higher than 3 feet above the curb grade within 35 feet of the intersection of curb lines or in the case of rounded corners, 35 feet from the point on the curb closest to the center of the intersection.
Front yard height	No more than 3 feet high. Applies: Required front yards, and a corner lot's street side yard within 20 feet of the front property line. § 13-30.610 · code text The maximum height for a fence, wall or hedge in a required front yard and along the street side yard of a corner lot within 20 feet of the front property line is 3 feet.
Side and rear yard height	No more than 6 feet high. Applies: Required rear or side yards. § 13-30.610 · code text The maximum height for a fence, wall or hedge in a required rear or side yard is 6 feet. No more than 8 feet high. Applies: Solid board or similar fences in residential side or rear yards next to a railroad. Design review approval is required. § 13-30.610 · code text Where residential properties abut a railroad right-of-way, fences of solid board or similar materials may be constructed to a height not to exceed 8 feet in the side or rear yards abutting the railroad right-of-way. No more than 6 feet high. Applies: Rear fences on lots facing 2 streets, where the rear yard is next to a street with access blocked by a dedicated reserve strip. § 13-30.610 · code text The rear fence or wall, not exceeding 6 feet in height, shall be constructed of masonry or similar type construction or a compact evergreen hedge (with solid gates where necessary).
Permit	Yes. A permit is required. Applies: Hedges, fences, trees, shrubs or similar structures in a watercourse or right-of-way. § 7-1.314 · code text No hedge, fence, tree, shrub or similar structure shall be planted, erected or maintained in a water course or right of way without a permit. Design review approval is required, and fences over 6 feet are allowed only in listed cases. Applies: Fences, walls or hedges taller than 6 feet. § 13-30.610 · code text A fence wall or hedge greater than 6 feet in height may be allowed in the following conditions subject to first securing design review approval as per Chapter 13-42.

Sheds, garages and other accessory structures

Hercules code What Hercules's code adds
Maximum height	No more than 15 feet high. Applies: Freestanding accessory structures. § 13-35.210 · code text 7. The maximum height of an attached accessory structure shall be as specified for the main structure, and for a freestanding accessory structure the maximum height shall be 15 feet, except that within 10 feet of a property line, no part of the structure shall exceed 8 feet. No more than 8 feet high. Applies: Freestanding accessory structures within 10 feet of a property line. § 13-35.210 · code text 7. The maximum height of an attached accessory structure shall be as specified for the main structure, and for a freestanding accessory structure the maximum height shall be 15 feet, except that within 10 feet of a property line, no part of the structure shall exceed 8 feet.
Size or lot coverage	No more than 30% of the required rear yard. Applies: Freestanding accessory structures in the RS-L district. § 13-35.210 · code text 8. In the RS-L district, freestanding accessory structures shall cover not more than 30 percent of the required rear yard, unless there remains a portion of the rear yard or a side yard which has an area of not less than 20 percent of the site, and that the least dimension of such yard shall be at least 15 feet.
Side and rear setback	At least 5 feet from all side and rear property lines. Applies: Freestanding accessory structures. § 13-35.210 · code text 4. A freestanding accessory structure shall be located at least 5 feet from all side and rear property lines. At least 10 feet from the side property line next to the street. Applies: Freestanding accessory structures on corner lots. § 13-35.210 · code text 5. On a corner lot, a freestanding accessory structure shall be located at least 10 feet from the side property line adjoining the street, except that garages and carports with access from the street adjoining the side yard shall be located at least 20 feet from this side property line. At least 20 feet from the side property line next to the street. Applies: Garages and carports on corner lots entered from the side street. § 13-35.210 · code text 5. On a corner lot, a freestanding accessory structure shall be located at least 10 feet from the side property line adjoining the street, except that garages and carports with access from the street adjoining the side yard shall be located at least 20 feet from this side property line. The 5-foot setback may be reduced. Applies: Noncombustible structures, including spas but not gazebos or wood structures, when the Community Development Director finds no significant added fire hazard. § 13-35.210 · code text A. For a structure built out of noncombustible materials, including a spa (but not including a gazebo or any other wood structure), the 5-foot setback may be reduced; provided, that the Community Development Director finds that the proposed structures will not significantly increase the fire hazard.
No permit needed up to	Under 120 square feet in total for the property. Applies: All accessory structures combined. Exempt from a use permit, but structures on permanent foundations need design review. § 13-35.210 · code text 10. Detached and attached accessory structures under 120 square feet total for the property that meet all requirements of this Section are exempt from use permit requirements.

Running a business from home

Hercules code What Hercules's code adds
Space used	No more than 1 room or 20% of the home's gross floor area, whichever is greater. § 13-35.270 · code text The area devoted to a home occupation shall occupy no more than 1 room or the equivalent of 20 percent of the gross floor area of the dwelling unit, whichever is greater;
Employees	Only residents of the home. The Community Development Director may allow 1 nonresident employee. Applies: Only if needed, under the resident's direction, not a separate business, not using required parking or causing street parking problems, and unnoticed by neighbors. § 13-35.270 · code text Employment shall be restricted to the dwelling unit residents except where the Community Development Director allows 1 nonresident employee, provided the following findings can be made:
Permit	An administrative use permit is required. § 13-35.270 · code text All home occupations shall require an administrative use permit to be issued by the Community Development Director or designee.
Businesses not allowed	The assembly of employees, workers, subcontractors or equipment for off-site work § 13-35.270 · code text The assembly of employees, workers, subcontractors or equipment for off-site work. The care, treatment, or boarding of animals for profit § 13-35.270 · code text The care, treatment, or boarding of animals for profit. The operation of any service or sales of goods that noticeably increases vehicle traffic in the neighborhood § 13-35.270 · code text The operation of any service or sales of goods that noticeably increases vehicle traffic in the neighborhood. The teaching of organized classes totaling 4 or more persons at any one time § 13-35.270 · code text The teaching of organized classes totaling 4 or more persons at any one time. The repair, service, or rehabilitation of more than 1 vehicle at a time Applies: including storage and parking on the lot or street § 13-35.270 · code text The repair, service, or rehabilitation of more than 1 vehicle at a time including storage and parking on the lot or street as consistent with requirements on vehicle repair as Sections 4-10.04(t) and (v) of the Municipal Code. The storage of toxic or hazardous materials § 13-35.270 · code text The storage of toxic or hazardous materials.

Lot splits under SB 9

Hercules code Neither new parcel may be smaller than 40% of the original lot area. Each new parcel must be at least 1,200 square feet.

All 15 Hercules rules on lot splits under sb 9, with the code text and the state law underneath →

RV and boat parking

Hercules code What Hercules's code adds
Parking on the street	No more than 3 hours at any location in the city, except while loading or unloading. Applies: Applies to trailers, motor homes and boats; lawful parking at a private residence is still allowed. § 3-4.1018 · code text No person shall park a trailer, motor home or boat for more than three (3) hours at any location within the Hercules City limits except while loading or unloading property, and time, in addition to such three (3) hour period, is necessary to complete the work.

Tree removal

Hercules code What Hercules's code adds
Protected trees	Any mature tree on undeveloped or partially developed property, public or private. § 4-15.03 · code text no mature tree shall be removed from any undeveloped or partially developed property, whether public or private, within the City of Hercules for any reason.
Replacement trees	The developer must carry out a city-approved tree replacement plan. Applies: Applies to mature trees removed for a development project with all city land use approvals. § 4-15.05 · code text provided however, that the City approves and the developer implements a tree replacement plan.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Hercules?

Hercules limits fences to 3 ft in the required front yard and 6 ft in rear and side yards; taller only in listed cases.

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

Hercules limits freestanding accessory structures to 15 ft, or 8 ft within 10 ft of a property line; side and rear setback 5 ft.

Can I run a business from my home in Hercules?

Hercules home businesses may use 1 room or 20% of the floor area, whichever is greater, and need an administrative use permit.

Can I park an RV or boat at my home in Hercules?

Hercules's code: No more than 3 hours at any location in the city, except while loading or unloading. (Applies to trailers, motor homes and boats; lawful parking at a private residence is still allowed.) (§ 3-4.1018).

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

Hercules's code: Any mature tree on undeveloped or partially developed property, public or private. (§ 4-15.03); The developer must carry out a city-approved tree replacement plan. (Applies to mature trees removed for a development project with all city land use approvals.) (§ 4-15.05).

General information, not legal advice.

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Hercules Municipal Code — full text

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