Building near the coast or a creek in Del Mar, California
All of Del Mar is in the Coastal Zone, so most development needs a Coastal Development Permit (CDP) from the city unless an exemption applies. On coastal bluffs, new structures must be 40 feet from the bluff edge. Next to the San Dieguito and Los Peñasquitos lagoons, a wetland buffer of 100 feet is required (50 feet at minimum). Building in the bluff, steep-slope and lagoon overlays needs a Conditional Use Permit and CDP from the Planning Commission.
| Coastal Zone | Entire city; CDP needed for development [1] |
| Coastal bluff setback | 40 ft from bluff top edge (10 ft for fences/benches) [2] |
| Grading near bluff | None within 40 ft of bluff edge [3] |
| Wetland buffer (Lagoon Overlay) | 100 ft standard [4] |
| Wetland buffer absolute minimum | 50 ft [9] |
| Steep slopes (BSC Overlay) | No building within 20 ft of top / 10 ft of bottom of 25%+ slopes, except by finding [5] |
| Beach: new construction | Not within 15 ft east of the Shoreline Protection Area line [6] |
| Overlay approvals | Conditional Use Permit + CDP from Planning Commission [7] |
| CDP exemption for home improvements | Generally exempt, except on beach/wetland or within 50 ft of bluff edge [8] |
Coastal Development Permits
Every property in Del Mar is in the Coastal Zone [1], and 'development' is defined broadly. It includes grading, building, demolition, lot splits and removing major vegetation. The city issues CDPs under its certified Local Coastal Program. Improvements to an existing single-family home are generally exempt, including garages, pools, fences and sheds. The exemption doesn't apply on a beach or wetland, within 50 ft of a coastal bluff edge, within 50 ft of a wetland in the Lagoon Overlay, or near steep slopes [8]. In the CDP appeals area, it also doesn't apply to additions of 10% or more in floor area or height. That area runs between the sea and the first public road, and includes land within 100 ft of wetlands and streams. City decisions there can be appealed to the Coastal Commission.
Coastal bluffs
In the Coastal Bluff Overlay Zone, all new or redeveloped buildings and accessory structures must be at least 40 ft from the bluff top edge [2]. Fences, windscreens and benches need 10 ft. No grading is allowed within 40 ft of the edge [3]. Any building, grading (including for pools) or vegetation clearing needs a Conditional Use Permit and CDP from the Planning Commission [7]. You'll also need a geotechnical report covering 70-year bluff retreat and sea-level rise, and a recorded waiver of future seawalls.
Lagoons and wetlands
New development near wetlands must keep a continuous buffer of 100 ft. The Planning Commission can reduce it with the state Department of Fish and Wildlife's concurrence, but never below 50 ft [9]. No structures are allowed in wetlands themselves.
Bluffs, slopes and canyons
In the BSC Overlay, building on slopes of 25% or more, or within 20 ft of the top or 10 ft of the bottom, is prohibited unless the Planning Commission finds no feasible alternative [5]. Building height there is 14 ft unless a greater height is shown to meet the overlay standards.
Beachfront
West of the Shoreline Protection Area line, only permitted seawalls and other protective structures are allowed. Major remodels involving 50% or more of permitted floor area, and new construction, must stay 15 ft east of that line [6].
Floodplain
New construction or substantial improvement in the Floodplain Overlay needs a Floodplain Development Permit.
See how Del Mar compares with 8+ other California towns on building near the coast or creeks →
Next steps
- Check the City Zone Map for your lot's overlays (Beach, Coastal Bluff, Bluff/Slope/Canyon, Lagoon, Floodplain) and whether you're in the CDP appeals area.
- Ask the Planning & Community Development Director for a determination of whether your project needs a CDP or is exempt.
- For bluff or steep-slope lots, commission a topographic survey (2-ft contours) and a geotechnical report before design; for lagoon-adjacent lots, a biologist's wetland delineation.
- Apply for the Conditional Use Permit and CDP together; Planning Commission hearings require mailed notice to owners within 300 ft.
Common questions
- Do I need a coastal development permit in Del Mar, California?
- All of Del Mar is in the Coastal Zone, so most development needs a Coastal Development Permit from the city unless an exemption applies.
- How far must I build from a coastal bluff in Del Mar, California?
- New structures must be 40 feet from the bluff edge, and fences and benches 10 feet.
- What is the lagoon wetland buffer in Del Mar, California?
- Next to the San Dieguito and Los Peñasquitos lagoons, a wetland buffer of 100 feet is required (50 feet at minimum).
California rules for building near the coast and creeks
California has no statewide shoreland setback. Near water, two state laws matter most.
The coastal zone (Coastal Act, Pub. Res. Code §30000 et seq.):
- Almost any development in the coastal zone needs a coastal development permit (CDP) (§30600). "Development" is broad: buildings, additions, grading, lot splits, removing major vegetation, and changes in intensity of use (§30106).
- The zone generally runs about 1,000 yards inland from mean high tide (up to 5 miles in some habitat areas, less in some cities). San Francisco Bay is excluded; BCDC regulates it (§30103).
- Where a city or county has a Local Coastal Program (LCP) certified by the Coastal Commission, it issues the CDP (§30519). Otherwise the Commission does.
- Local approvals can be appealed to the Coastal Commission for projects between the sea and the first public road, within 300 ft of a beach or the mean high tide line, within 100 ft of a wetland, estuary or stream, or within 300 ft of a coastal bluff (§30603).
- Some improvements to existing homes and repairs are exempt (§30610), with exceptions set by regulation.
Creeks, streams and lakes statewide: you must notify the Department of Fish and Wildlife before work that diverts or blocks a stream, changes its bed, channel or bank, or puts material into it (Fish & Game Code §1602), even for streams that are dry part of the year. CDFW may require a Lake or Streambed Alteration Agreement.
Cities and counties often add their own creek setbacks or riparian buffers.
What the ordinance says
- Sec. 30.75.020 Applicability, Municipal Code Chapter 30.75 - Coastal Development Permits, p. 1
All properties within the City of Del Mar are located within the Coastal Zone as defined in the California Coastal Act and are subject to the provisions of this Chapter.
- Sec. 30.55.080(A), Municipal Code Chapter 30.55 - Coastal Bluff Overlay Zone, p. 1
Unless otherwise specified herein, all new or redeveloped principal or accessory structures, including new supporting foundations or supports for existing structures, shall be set back a minimum of 40 feet from the top edge of the coastal bluff as defined in this Chapter.
- Sec. 30.55.080(C), Municipal Code Chapter 30.55 - Coastal Bluff Overlay Zone, p. 1
No grading shall be allowed within 40 feet of the top edge of a coastal bluff.
- Sec. 30.53.100(A), Municipal Code Chapter 30.53 - Lagoon Overlay Zone, p. 1
Unless otherwise specified herein, the wetland buffer shall be a minimum of 100 feet in width. The wetland buffer shall be measured landward from the boundary of wetlands as delineated on plans required pursuant to the application submittal requirements of this Chapter.
- Sec. 30.52.060(A)(1), Municipal Code Chapter 30.52 - Bluff, Slope and Canyon Overlay Zone, p. 1
Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except where allowed in accordance with this Chapter.
- Sec. 30.50.140, Municipal Code Chapter 30.50 - Beach Overlay Zone (and 30.51 Setback Seawall Permits), p. 1
No reconstruction or remodeling of a structure when 50 percent or more of the lot's permitted floor area is involved and no new construction shall be located within 15 feet east of the Shoreline Protection Area line.
- Sec. 30.55.070 Development Review, Municipal Code Chapter 30.55 - Coastal Bluff Overlay Zone, p. 1
Unless otherwise exempted by this Title, no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered or enlarged; nor shall any lot or premises be excavated or graded for any purpose including, but not limited to, in-ground structures such as swimming pools or spas; nor shall clearance of vegetation occur until both a Conditional Use Permit and a Coastal Development Permit are obtained from the Planning Commission.
- Sec. 30.75.200(C)(1), Municipal Code Chapter 30.75 - Coastal Development Permits, p. 1
The existing residence or proposed improvements would be located on a beach, wetland, seaward of the mean high tide line, or within 50 feet of the edge of a coastal bluff.
- Sec. 30.53.100(C), Municipal Code Chapter 30.53 - Lagoon Overlay Zone, p. 1
In no event shall a wetland buffer be reduced to a width of less than 50 feet.