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.

Ask about building on your lot in San Benito County See coverage

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 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.

All 9 San Benito County rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

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

All 9 San Benito County rules on running a business from home, with the code text →

Solar panels and EV chargers

San Benito County code The Building Official approves the application and issues all needed permits when it meets the county's adopted checklist. Apply in person, by mail or electronically; electronic signatures are accepted.

All 4 San Benito County rules on solar panels and EV chargers, with the code text →

Tree removal

San Benito County code Trees damaged by a natural disaster and found dangerous by an authorized official are exempt. Trees found to be an imminent threat to public health, safety, welfare or property are exempt.

All 7 San Benito County rules on tree removal, with the code text →

Swimming pools

San Benito County code No opening, hole or gap larger than 4 inches in either direction. A house or accessory building may form part of the enclosure.

All 4 San Benito County rules on swimming pools, with the code text →

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.

Building in a flood zone

San Benito County code What San Benito County's code adds
Floodplain permit	A building permit is required before any construction or development in a special flood hazard or flood-erosion area. § 19.15.055 · code text A building permit shall be obtained before any construction or other development begins within any area of special flood hazard, areas of flood-related erosion established in § 19.15.036.
Building in a floodway	No fill, new building, substantial improvement or other new development unless an engineer or architect certifies no flood level rise. Applies: Areas designated as floodways. § 19.15.075 · code text Prohibit encroachments, including fill, new construction, substantial improvement and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments 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 a basement, must be at or above the base flood elevation. Applies: New or substantially improved homes in special flood hazard areas other than zone AO; nonresidential buildings may be floodproofed instead. § 19.15.070 · code text New construction, substantial improvement and other proposed new development shall have the lowest floor, including basement, 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 zone AO when the FIRM gives a depth number. § 19.15.070 · code text New construction, substantial improvement and other proposed new development in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. At least 2 feet above the highest nearby grade. Applies: New or substantially improved homes in zone AO when the FIRM gives no depth number. § 19.15.070 · code text New construction, substantial improvement and other proposed new development in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified.

Grading and erosion control

San Benito County code What San Benito County's code adds
Rainy-season limits	October 15 to April 15: any grading needs a winter grading permit. Applies: No grading when soil is saturated or rain is likely to cause erosion. § 19.17.011 · code text Any grading between October 15 and April 15 requires the issuance of a winter grading permit.

Building on a hillside

San Benito County code What San Benito County's code adds
Soils or geology report	A geotechnical report and plans signed by a registered civil engineer are required. Applies: Grading allowed on slopes of 30% or more. § 19.17.006 · code text Plans and specifications shall be prepared and signed by a registered civil engineer, and be accompanied by a geotechnical report and other reports as required under § 19.17.010 of this chapter.
Grading and retaining walls	No grading on slopes over 30% or in active landslide areas. Applies: Except access roads and driveways with findings (never on slopes of 40% or more) and new access to an existing permitted home. § 19.17.006 · code text No grading shall occur in areas of active landslide as determined by a geotechnical evaluation or in areas exceeding 30% in slope measured both horizontally and vertically, except as provided in this section.

Noise and construction hours

San Benito County code 10:00 p.m. to 7:00 a.m. Not allowed from 10:00 p.m. to 7:00 a.m.

All 6 San Benito County rules on noise and construction hours, with the code text →

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)

Home alarm permits and false alarms

San Benito County code An assessment fixed from time to time by the Board of Supervisors by ordinance Cost assessments

All 7 San Benito County rules on home alarm permits and false alarms, with the code text →

Trash and recycling carts

San Benito County code What San Benito County's code adds
When carts must come back	Within 24 hours after they have been emptied § 15.01.023 · code text The containers shall be removed from the pickup site within 24 hours after they have been emptied.
When carts may go to the curb	Not more than 24 hours before scheduled collection, transportation or disposal time § 15.01.023 · code text Solid waste containers shall not be placed adjacent to streets or roadways to facilitate collection, transportation or disposal more than 24 hours prior to scheduled collection, transportation or disposal time.

Other San Benito County rules on this

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

General government impact fee on new homes (§§ 5.01.510–5.01.540)

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.

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).

What are the rules for building in a San Benito County flood zone?

San Benito County's code: A building permit is required before any construction or development in a special flood hazard or flood-erosion area. (§ 19.15.055); The lowest floor, including a basement, must be at or above the base flood elevation. (New or substantially improved homes in special flood hazard areas other than zone AO; nonresidential buildings may be floodproofed instead.) (§ 19.15.070).

What are the grading rules in San Benito County?

San Benito County's code: October 15 to April 15: any grading needs a winter grading permit. (No grading when soil is saturated or rain is likely to cause erosion.) (§ 19.17.011).

What extra rules apply to a hillside lot in San Benito County?

San Benito County's code: No grading on slopes over 30% or in active landslide areas. (Except access roads and driveways with findings (never on slopes of 40% or more) and new access to an existing permitted home.) (§ 19.17.006); A geotechnical report and plans signed by a registered civil engineer are required. (Grading allowed on slopes of 30% or more.) (§ 19.17.006).

Can I run a family child care home in San Benito County?

California law sets this for every city, including San Benito County: 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)).

When can trash carts go out to the curb in San Benito County?

San Benito County's code: Within 24 hours after they have been emptied (§ 15.01.023); Not more than 24 hours before scheduled collection, transportation or disposal time (§ 15.01.023).

General information, not legal advice.

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