Modesto · Building on your lot

Building on your lot in Modesto

Modesto sets its own fence heights, accessory-building limits and home-business permits. Accessory-building size depends on lot size and on the size of the main building.

Ask about building on your lot in Modesto See coverage

Key points

Fence height: City rule: fences are limited to 42 inches in front and street side yards and 8 ft elsewhere.
Accessory buildings: City rule: accessory buildings are limited to 1 story or 16 ft in R-1 and on lots with only a single-family home.
Home businesses: City rule: a home business needs a valid home occupation permit.

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

Fences and walls

Modesto code What Modesto's code adds
Height anywhere on the lot	No higher than 8 feet, unless a permit, map, noise mitigation or similar action requires more. § 10-4.406 · code text No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation, or other similar action.
Front yard height	No higher than 42 inches. Applies: Front and street side yards. In the R-1 zone, a fence over 42 inches must be set back 10 feet on the street side. § 10-4.406 · code text No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas.

Sheds, garages and other accessory structures

Modesto code City rule: accessory buildings are limited to 1 story or 16 ft in R-1 and on lots with only a single-family home.

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

Running a business from home

Modesto code What Modesto's code adds
Permit	A valid home occupation permit; permit holders also pay a $35 annual license tax. § 6-1.215 · code text Every person conducting, carrying on or managing any business in a home pursuant to a valid, existing home occupation permit issued in accordance with the provisions of Section 10-2.505 of this Code shall pay an annual license tax in the sum of thirty-five dollars ($35.00).

Solar panels and EV chargers

Modesto code The Building Official approves applications meeting the checklist, laws and health and safety standards; electronic submittal and signatures accepted. Apply in person at the Building Safety Department or electronically; electronic signatures accepted.

All 5 Modesto rules on solar panels and EV chargers, with the code text →

Swimming pools

Modesto code What Modesto's code adds
Maintenance and empty pools	Pools, spas, hot tubs and their enclosures must be kept clean, sanitary and in good repair. § 9-8.1303 · code text Swimming pools, spas, hot tubs and their enclosure systems shall be maintained in a clean and sanitary condition, and in good repair and in accordance with the adopted Building Code in affect at the time in which they were constructed and the current requirements of the California State Health and Safety Code.

Building in a flood zone

Modesto code What Modesto's code adds
Floodplain permit	A building permit is needed before any construction or development, including manufactured homes, begins in a special flood hazard area. § 9-4.403 · code text A building permit shall be obtained before any construction or other development, including manufactured homes, begins within any special flood hazard areas.
Building in a floodway	No new construction or development, including fill, unless all development combined raises base flood levels no more than 1 foot. Applies: Applies in zones A1-30 and AE until a regulatory floodway is adopted. § 9-4.506 · 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 Modesto. No encroachments, including fill, new construction and substantial improvements, unless a registered civil engineer certifies no flood level rise. Applies: Applies within an adopted regulatory floodway, for flood levels during the base flood discharge. § 9-4.506 · code text Encroachments within an adopted regulatory floodway are prohibited 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, including basement, must be at or above the base flood elevation. Applies: New or substantially improved homes in AE, AH and A1-30 zones. § 9-4.501 · code text In AE, AH, A1-30 zones, elevated to or above the base flood elevation; The lowest floor, including basement, must be at or above the base flood elevation. Applies: New or substantially improved homes in an unnumbered A zone, where the flood map (FIRM) shows no base flood elevation. § 9-4.501 · code text In an A zone, without BFE's specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation, as determined under Section 9-4.402(c).

Grading and erosion control

Modesto code A permit is needed for 350 cubic yards or more of soil, or clearing and grubbing more than one-half acre. Less than 350 cubic yards of soil, or clearing and grubbing less than one-half acre.

All 3 Modesto rules on grading and erosion control, with the code text →

Garage and yard sales

Modesto code What Modesto's code adds
How long a sale may last	No more than 3 days in a row. Applies: On the same premises. § 10-3.206 · code text No garage sale shall be conducted on the same premises for more than three (3) consecutive days.
Sales per year	No more than 2 sales per calendar year. Applies: Per premises, in residential zones. § 10-3.206 · code text Not more than two (2) garage sales may be conducted on the same premises in any calendar year.

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)

Parking spaces required for homes

Modesto code 1 guest parking space per 4 units 1 space per unit

All 9 Modesto rules on parking spaces required for homes, with the code text →

Home alarm permits and false alarms

Modesto code An alarm permit is required An alarm permit is not required

All 3 Modesto rules on home alarm permits and false alarms, with the code text →

Trash and recycling carts

Modesto code Place leaves and other small green waste into the organic recycling container Place leaves in the street

All 6 Modesto rules on trash and recycling carts, with the code text →

Historic homes

Modesto code The Community & Economic Development Director decides whether Landmark Preservation Commission written approval is needed before the permit is issued The Community & Economic Development Director decides whether Landmark Preservation Commission written approval is needed before the permit is issued

All 3 Modesto rules on historic homes, with the code text →

Other Modesto rules on this

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

Animals and fowl allowed at a home (§ 10-3.202) — residential zones
Parking RVs, oversized vehicles and trailers on residential streets (Art. 20 (§ 3-2.2001 and following)) — on public streets
General noise rules (Ch. 4-9, Art. 1)
Capital facilities fee (Ch. 8-1, Art. 9)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Modesto?

City rule: fences are limited to 42 inches in front and street side yards and 8 ft elsewhere.

Can I run a business from my home in Modesto?

City rule: a home business needs a valid home occupation permit.

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

Modesto's code: A building permit is needed before any construction or development, including manufactured homes, begins in a special flood hazard area. (§ 9-4.403); The lowest floor, including basement, must be at or above the base flood elevation. (New or substantially improved homes in AE, AH and A1-30 zones.) (§ 9-4.501).

What are the garage sale rules in Modesto?

Modesto's code: No more than 2 sales per calendar year. (Per premises, in residential zones.) (§ 10-3.206); No more than 3 days in a row. (On the same premises.) (§ 10-3.206).

Can I run a family child care home in Modesto?

California law sets this for every city, including Modesto: 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)).

General information, not legal advice.

Ask about a specific Modesto property

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

Ask your question

More on Modesto

Modesto Municipal Code — full text

Renting & eviction in Modesto

Buying & selling in Modesto

Foreclosure & auctions in Modesto

Property taxes in Modesto

Modesto overview

Zoning districts in Modesto

What you can build where in Modesto