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

All 7 Hercules rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

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

All 8 Hercules rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

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

All 9 Hercules rules on running a business from home, with the code text →

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 →

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.

Building in a flood zone

Hercules code What Hercules's code adds
Floodplain permit	A development permit is needed before any construction or other development, including manufactured homes. Applies: In any special flood hazard area. § 10-7.403 · code text A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 10-7.302.
Building in a floodway	No new building or development, including fill, unless all development combined raises base flood level no more than 1 foot. Applies: Zones A1-30 and AE, until a regulatory floodway is adopted; measured at any point in the city. § 10-7.506 · code text Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1—30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City of Hercules, Contra Costa County. No fill, new building, substantial improvement or other development unless a civil engineer certifies no rise in flood levels. Applies: Inside an adopted regulatory floodway. § 10-7.506 · code text Within an adopted regulatory floodway, the City of Hercules, Contra Costa County, shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Height of the lowest floor	The lowest floor must be at or above the base flood elevation. Applies: New or substantially improved homes in AE, AH and A1-30 zones. § 10-7.501 · code text In AE, AH, A1—30 Zones, elevated to or above the base flood elevation. At least the FIRM depth number, in feet, above the highest nearby grade. Applies: New or substantially improved homes in an AO zone with a depth number on the FIRM. § 10-7.501 · code text In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two (2) feet above the highest adjacent grade if no depth number is specified. At least 2 feet above the highest nearby grade. Applies: New or substantially improved homes in an AO zone with no depth number on the FIRM. § 10-7.501 · code text In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two (2) feet above the highest adjacent grade if no depth number is specified. The lowest floor must be at or above the base flood elevation. Applies: New or substantially improved homes in an unnumbered A zone with no base flood elevation on the FIRM. § 10-7.501 · code text In an A zone, without BFEs specified on the FIRM (unnumbered A Zone), elevated to or above the base flood elevation; as determined under Section 10-7.402(c).

Grading and erosion control

Hercules code Civil engineer's erosion plan is required unless all conditions are met, including under 1/2 acre disturbed and slopes under 10%. No grading permit is needed for: an excavation that is less than five feet deep and supported by a retaining structure, or does not create a cut slope that is both more than seven feet high and steeper than two horizontal to one vertical, or does not exceed two hundred cubic yards; a fill that does not support structures and does not obstruct a drainage course or alter drainage patterns, if it is on natural grade not steeper than five horizontal to one vertical, or less than three feet deep at its deepest point, or does not exceed two hundred cubic yards; an excavation for basements and footings under a valid building permit

All 4 Hercules rules on grading and erosion control, with the code text →

Park and impact fees for new homes

Hercules code What Hercules's code adds
Exemptions	No fee for remodeling or adding to an existing unit, unless it creates a new second unit. Applies: Public facilities impact fee for homes, set by City Council resolution. § 10-18.303 · code text There is no fee for remodeling or for an addition to an existing unit not resulting in a new second unit.

Family child care homes

CA state law California law
Zoning	A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning Health & Safety Code § 1597.45(a)
Business license or fee	A city or county may not charge a business license, fee or tax to run a family child care home Health & Safety Code § 1597.45(b)
Local rules	Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone Health & Safety Code § 1597.45(e)
Small home	Up to eight children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(c)
Large home	7 to 14 children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(b)

Affordable units in new housing (inclusionary)

Hercules code Affordable units may be built off-site instead of some or all of the units in the development. Land may be dedicated to the City or a City-designated local nonprofit housing developer instead of building some required units.

All 9 Hercules rules on affordable units in new housing (inclusionary), with the code text →

Home alarm permits and false alarms

Hercules code What Hercules's code adds
How long an alarm may sound	The alarm must shut off within 20 minutes. § 4-12.04 · code text All audible alarm systems within the City of Hercules shall be equipped with an automatic shut-off device which deactivates the alarm within twenty (20) minutes.
False alarm fees	$150. Applies: Fourth false alarm in a calendar year. § 4-12.05 · code text One Hundred Fifty Dollars ($150) for the fourth (4th) false alarm occurring in a calendar year; $200. Applies: Fifth and each later false alarm in a calendar year. § 4-12.05 · code text Two Hundred Dollars ($200) for the fifth (5th) and each subsequent false alarm occurring in a calendar year;
False alarms before a fee	The first, second or third false alarm. Applies: In a calendar year. § 4-12.05 · code text No fee for the first, second, or third (3rd) false alarm occurring in a calendar year;

Signs on homes

Hercules code What Hercules's code adds
Home business signs	At most 1 square foot. Applies: Applies to 1 sign at single-family homes with a permitted home-based occupation. § 13-34.301 · code text In addition to the above, single-family homes with a permitted home-based occupation may also have 1 sign not to exceed 1 square foot in area.

Trash and recycling carts

Hercules code What Hercules's code adds
Required collection service	Must subscribe within 7 days of occupancy. § 5-2.08 · code text The owner of each premises shall subscribe to garbage, recyclable materials, and organic waste disposal services within seven (7) days of the occupancy of the premises. The collector starts and continues service after 15 days if the owner fails to start it. Applies: Owner fails to start service and does not start it within 15 days after notice. § 5-2.08 · code text If service is not initiated within fifteen (15) days from the date of mailing of the notice, then the collector shall initiate and continue service for the owner, unless an owner, in writing, can substantiate to the collector that a common-use receptacle in a multi-unit complex is available and there is a subscription for collection of the solid waste.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

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).

What are the rules for building in a Hercules flood zone?

Hercules's code: A development permit is needed before any construction or other development, including manufactured homes. (In any special flood hazard area.) (§ 10-7.403); The lowest floor must be at or above the base flood elevation. (New or substantially improved homes in AE, AH and A1-30 zones.) (§ 10-7.501).

Can I run a family child care home in Hercules?

California law sets this for every city, including Hercules: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Do I need a permit for a home alarm in Hercules?

Hercules's code: The alarm must shut off within 20 minutes. (§ 4-12.04); $150. (Fourth false alarm in a calendar year.) (§ 4-12.05).

What signs may I put up at my home in Hercules?

Hercules's code: At most 1 square foot. (Applies to 1 sign at single-family homes with a permitted home-based occupation.) (§ 13-34.301).

When can trash carts go out to the curb in Hercules?

Hercules's code: Must subscribe within 7 days of occupancy. (§ 5-2.08); The collector starts and continues service after 15 days if the owner fails to start it. (Owner fails to start service and does not start it within 15 days after notice.) (§ 5-2.08).

General information, not legal advice.

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