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San Benito County · Building on your lot

Building on your lot in San Benito County

San Benito County's code applies only in unincorporated areas of the county. It sets limits on fences, accessory buildings and home businesses, with accessory setbacks that depend on the fire designation.

Key points

  • Fence height: In residential zones, fences are limited to 4 feet in the required front yard and 6 feet elsewhere, outside the corner visibility area.
  • Accessory buildings: RR, R-1, RM zones: detached accessory buildings limited to 20 feet and 1 story; 1,000 sq ft unless a use permit allows more.
  • Home businesses: A home occupation needs no permit, but only residents may work on site; a rural home enterprise needs an administrative use permit.

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

San Benito County's code applies in the unincorporated areas of the county. Cities in San Benito County have their own codes and their own pages.

Fences and walls

San Benito County code What San Benito County's code adds
Height anywhere on the lot
  • No more than 6 feet.
    Applies: Residential lots, everywhere except the required front yard and the clear visibility area at intersections.
    § 25.07.013 · code text
    All other locations on a residential lot or parcel except at intersections (see below) | 6 feet
Front yard height
  • No more than 4 feet.
    Applies: Required front yard in residential zones.
    § 25.07.013 · code text
    Required front yard | 4 feet
Permit
  • The approving authority may allow a taller fence during development review.
    Applies: Fences, walls and screens above the height limits in residential zones.
    § 25.07.013 · code text
    Maximum height may be increased by the designated approving authority as part of development review.

Sheds, garages and other accessory structures

San Benito County code What San Benito County's code adds
Maximum height
  • No more than 20 feet and one story.
    Applies: Detached accessory buildings in RR, R-1 and RM zones.
    § 25.07.007 · code text
    No detached accessory building shall exceed one story or 20 feet in height.
  • No more than 10 feet.
    Applies: Accessory structures under 120 square feet in RR, R-1 and RM zones.
    § 25.07.007 · code text
    Accessory structures less than 120 square feet shall be limited to no more than 10 feet in height.
Size or lot coverage
  • No more than 30% of the required rear yard.
    Applies: Each single accessory structure in RR, R-1 and RM zones.
    § 25.07.007 · code text
    No single accessory structure shall occupy more than 30% of the required rear yard.
  • No more than 40% of the required rear yard in total.
    Applies: All accessory structures together in RR, R-1 and RM zones.
    § 25.07.007 · code text
    The total of all accessory structures shall not exceed 40% of the required rear yard.
  • No more than 1,000 square feet of gross floor area.
    Applies: Accessory buildings other than ADUs, unless an administrative use permit allows more.
    § 25.07.007 · code text
    Except for accessory dwelling units, an accessory building may be no more than 1,000 square feet in gross floor area, unless an administrative use permit is approved to allow a larger size.
Side and rear setback
  • At least 3 feet from the side line and 5 feet from the rear line.
    Applies: RR, R-1 and RM uses in LRA fire areas; in SRA fire areas only with a 30-foot vegetation clearance easement next door.
    § 25.07.007 · code text
    RR, R-1, RM Uses | Same as for the primary structure | 3 | 5 | 5
  • At least 10 feet from the side and rear lines.
    Applies: Animal structures such as barns, stables and riding arenas, in LRA fire areas; in SRA areas only with a 30-foot clearance easement next door.
    § 25.07.007 · code text
    Structures for animals* | Same as for the primary structure | 10 | 10 | 10/25**
Distance from the house
  • At least 5 feet from the main building.
    Applies: RR, R-1 and RM uses in LRA fire areas; in SRA fire areas only with a 30-foot vegetation clearance easement next door.
    § 25.07.007 · code text
    RR, R-1, RM Uses | Same as for the primary structure | 3 | 5 | 5
  • At least 10 feet from any home on the lot and 25 feet from homes on adjacent lots.
    Applies: Animal structures such as barns, stables, riding arenas or farm outbuildings.
    § 25.07.007 · code text
    Ten feet shall be maintained from any dwelling on the subject lot and 25 feet shall be maintained from any dwellings on adjacent lots.

Running a business from home

San Benito County code What San Benito County's code adds
Customer visits
  • Normally no more than 3 client or customer visits per day and 10 per week.
    § 25.08.004 · code text
    A home occupation shall be limited to only one client or customer visits to the site shall normally be limited to not more than three per day, and ten per week.
Employees
  • Only residents of the main home or ADU may work on-site.
    § 25.08.004 · code text
    No persons who are not residents of the primary dwelling or accessory dwelling unit may work onsite as part of the home occupation.
  • Any number of on-site residents may work in the business.
    § 25.08.004 · code text
    Any number of on-site residents may work as part of a home occupation.
  • Up to 5 non-residents may work on-site.
    Applies: Rural home enterprises in AR, AP, R and RT zones with an administrative use permit. More only with a conditional use permit.
    § 25.08.004 · code text
    Up to five non-residents may work onsite as part of a rural home enterprise, unless additional non-resident onsite employees are permitted via a conditional use permit.
  • Any number of on-site residents may work in it.
    Applies: Rural home enterprises.
    § 25.08.004 · code text
    Any number of on-site residents who may work as part of a rural home enterprise.
Permit
  • No permit is required.
    Applies: Home occupations.
    § 25.08.004 · code text
    No permit is required for a home occupation.
  • An administrative use permit is required.
    Applies: Rural home enterprises, allowed in AR, AP, R and RT zones.
    § 25.08.004 · code text
    A rural home enterprise requires the issuance of an administrative use permit.
  • A conditional use permit is required.
    Applies: Expanding a rural home enterprise, such as over 5 non-resident employees or hours outside 8 am to 7 pm weekdays.
    § 25.08.004 · code text
    As provided in this section, a conditional use permit may be used to allow certain expansions in the operations of a rural home enterprise.
Businesses not allowed
  • Animal hospital or animal clinic; clinic, hospital or facility for the care or treatment of human ills; vehicle repair; sale of vehicles by a dealer; day care center; massage parlors, saunas, Turkish baths or similar uses
    Applies: home occupation
    § 25.08.004 · code text
    The following uses shall not be operated as a home occupation:

Solar panels and EV chargers

San Benito County code What San Benito County's code adds
EV charger permit
  • The Building Official approves the application and issues all needed permits when it meets the county's adopted checklist.
    Applies: Applies to EV charging stations; the application must also meet all laws and health and safety standards.
    § 21.01.194 · code text
    A permit application that satisfies the information requirements in the county's adopted checklist shall be deemed complete and be promptly processed.
  • Apply in person, by mail or electronically; electronic signatures are accepted.
    Applies: Applies to applications in the expedited EV charging station permit process.
    § 21.01.194 · code text
    the Building Official shall allow for in-person, mailed, or electronic submittal of permit applications covered by this section and associated supporting documents.
Solar permit process
  • Approved administratively, with all permits issued, once the complete application meets the checklist; apply in person, by mail or electronically.
    Applies: Applies to small residential rooftop solar systems that meet the checklist.
    § 21.01.176 · code text
    Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits and/or authorizations
  • Only 1 inspection; if the system fails, a reinspection is allowed and may carry a reasonable fee.
    Applies: Applies to small residential rooftop solar systems eligible for expedited review.
    § 21.01.176 · code text
    For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner.

Tree removal

San Benito County code What San Benito County's code adds
Exemptions
  • Trees damaged by a natural disaster and found dangerous by an authorized official are exempt.
    Applies: Storms, floods, earthquakes, fires or other natural disasters.
    § 25.07.018 · code text
    Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official or code enforcement officer in their official capacity.
  • Trees found to be an imminent threat to public health, safety, welfare or property are exempt.
    Applies: Requires a written finding by the Planning and Building Director, Public Works Director, or their designee.
    § 25.07.018 · code text
    Trees determined to be an imminent threat to public health, safety, or welfare, or to property, as determined in writing by the Director of Planning and Building Services or the Public Works Director or their designees.
  • Trees removed under a permit from a state or federal agency are exempt.
    Includes work in a waterway to prevent floodway restriction.
    § 25.07.018 · code text
    Trees removed pursuant to a permit issued by a state or federal regulatory agency, including but not limited to the California Department of Fish and Wildlife, such as when work is being performed in a waterway to prevent floodway restriction.
  • Trees a certified arborist finds diseased or underwatered and unlikely to fully recover are exempt.
    Applies: The arborist report goes to the County, and the County arborist must be allowed to examine the tree.
    § 25.07.018 · code text
    Trees whose removal is determined necessary by a certified arborist because the tree is diseased or has received insufficient water to the degree that it is reasonably unlikely that the tree can be fully restored to a condition of good health.
  • Trees removed as part of a development project reviewed under CEQA are exempt.
    Applies: Only if the project considered removing those trees, or the removal is in a required landscape plan.
    § 25.07.018 · code text
    Trees which are removed as part of a development project that has been considered under CEQA, and (a) the project considered the removal of designated trees, or (b) the removal of trees is contained in a landscape plan submitted in compliance with a condition of approval for the approved project.
Permit to remove
  • Yes, a permit is needed to remove or seriously harm a tree, or trench, grade or fill in its dripline.
    Applies: R-1 and RM zones; exempt: trunks inside fully fenced rear or side yards of developed homes, except trees of special protection.
    § 25.07.018 · code text
    A tree removal permit is required to trench, grade or fill within the dripline of any tree or destroy, kill, remove, or seriously harm, any tree, as defined, on all property, public or private, in the R-1 and RM zones.
  • A permit is still required; the Director may approve removing 1 tree per lot every 5 years without usual findings.
    Applies: R-1 and RM zones; not for trees of special protection.
    § 25.07.018 · code text
    The Director may approve the removal of one tree per parcel every five years without making the findings set forth in division (E)(2), below, except for any “trees of special protection” as defined in this article.

Swimming pools

San Benito County code What San Benito County's code adds
Pool barrier
  • No opening, hole or gap larger than 4 inches in either direction.
    Applies: Applies to the pool enclosure, except doors or gates.
    § 21.01.076 · code text
    either the horizontal or vertical dimension of any opening, holes, or gaps in such enclosure shall not exceed four inches
  • A house or accessory building may form part of the enclosure.
    § 21.01.076 · code text
    a dwelling house or accessory building may be used as a part of such enclosure
Barrier height
  • At least 4 feet high.
    Applies: Applies to the fence, wall or structure fully enclosing a private pool.
    § 21.01.076 · code text
    shall maintain on the premises, completely enclosing the private swimming pool, a fence, wall or other structure not less than four feet in height
Gates
  • Self-closing and self-latching, with the latch out of children's reach from outside.
    § 21.01.076 · code text
    Any gate or door in the enclosure shall be equipped with self-closing and self-latching devices, designed to keep such gate or door securely closed at all times; with the latching device made inaccessible to children from the outside.

Pets, chickens and bees

San Benito County code What San Benito County's code adds
Chickens
  • Hens count toward a total of 12 small farm animals in any combination.
    Applies: Applies to keeping small farm animals.
    § 25.08.013 · code text
    “Keeping of small farm animals” is listed to the keeping of not more than a total of 12 small farm animals in any combination of the following: chicken hens; pigeons or similar fowl; crowing fowl; rabbits or similar animals; ducks; geese; turkeys; goats; sheep or other livestock.
Large animals
  • Allowed only on a parcel zoned for them.
    § 13.01.006 · code text
    No person shall keep one or more sheep, goats, horses, donkeys, mules, ponies, cows or other large animals within the county except on a parcel zoned for such use.
  • No more than 12 small livestock in total, and no more than 1 per acre.
    Applies: Applies to small livestock.
    § 25.08.013 · code text
    Not more than a total of 12 small livestock in any combination.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in San Benito County?

In residential zones, fences are limited to 4 feet in the required front yard and 6 feet elsewhere, outside the corner visibility area.

How big can a shed or accessory building be in San Benito County?

RR, R-1, RM zones: detached accessory buildings limited to 20 feet and 1 story; 1,000 sq ft unless a use permit allows more.

Can I run a business from my home in San Benito County?

A home occupation needs no permit, but only residents may work on site; a rural home enterprise needs an administrative use permit.

Do I need a permit for solar panels or an EV charger in San Benito County?

San Benito County's code: The Building Official approves the application and issues all needed permits when it meets the county's adopted checklist. (Applies to EV charging stations; the application must also meet all laws and health and safety standards.) (§ 21.01.194); Apply in person, by mail or electronically; electronic signatures are accepted. (Applies to applications in the expedited EV charging station permit process.) (§ 21.01.194).

Do I need a permit to remove a tree in San Benito County?

San Benito County's code: Trees damaged by a natural disaster and found dangerous by an authorized official are exempt. (Storms, floods, earthquakes, fires or other natural disasters.) (§ 25.07.018); Trees found to be an imminent threat to public health, safety, welfare or property are exempt. (Requires a written finding by the Planning and Building Director, Public Works Director, or their designee.) (§ 25.07.018).

What are the pool fence and setback rules in San Benito County?

San Benito County's code: No opening, hole or gap larger than 4 inches in either direction. (Applies to the pool enclosure, except doors or gates.) (§ 21.01.076); A house or accessory building may form part of the enclosure. (§ 21.01.076).

Can I keep chickens or bees at my home in San Benito County?

San Benito County's code: Hens count toward a total of 12 small farm animals in any combination. (Applies to keeping small farm animals.) (§ 25.08.013); Allowed only on a parcel zoned for them. (§ 13.01.006).

General information, not legal advice.

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