Building near the coast or a creek in Los Gatos, California
Los Gatos is inland, so there is no coastal permit; near creeks the main rules are the Town's floodplain regulations. Any development in a mapped flood hazard area needs a floodplain development permit from the Floodplain Administrator (Parks and Public Works), fill in a floodway is barred unless it causes no rise in flood levels, and no fence may be within 20 feet of a riparian corridor.
| Permit in a flood hazard area | Floodplain development permit from the Floodplain Administrator [1] |
| Which areas | FEMA flood maps (FIS for Santa Clara County, May 18, 2009, as revised) [2] |
| Floodway fill or regrading | Only if analysis shows no increase in base flood level [4] |
| Substantial improvement trigger | Work costing 50% or more of the structure's market value [5] |
| Accessory storage below flood level | One story, max 600 sq ft [6] |
| Fences near creeks | None within 20 ft of a riparian corridor [8] |
Which areas are covered
Los Gatos has no ocean coastline, so coastal development permits don't apply. The Town's Floodplain Management article (adopted November 2025) covers flood hazard areas shown on the FEMA Flood Insurance Study and maps for Santa Clara County, dated May 18, 2009, as revised [2]. The maps are on file at Parks and Public Works (41 Miles Avenue) and Community Development (110 E. Main Street).
Permits
Anyone planning development in a flood hazard area must first apply for and get a floodplain development permit [1] from the Floodplain Administrator, who is the Director of Parks and Public Works [3]. It may be required in addition to a building permit. You must also get any required state and federal permits, such as from the State Water Resources Control Board or the U.S. Army Corps of Engineers, before starting work [7].
Building and expanding
In a floodway, development, fill or regrading isn't allowed unless an encroachment analysis shows no rise in the base flood level [4]; this also applies to pools involving fill and to fences that could block floodwaters. For work on existing buildings, the Town compares the cost to the building's market value: work costing 50 percent or more is a substantial improvement [5], which triggers the Building Code's flood-resistant construction requirements. Detached garages and storage sheds may sit below the base flood elevation if one story and no more than 600 square feet in special flood hazard areas [6], anchored, with flood openings and flood-resistant materials.
Creeks and riparian areas
The fence regulations bar any fence, wall or gate within 20 feet of a riparian corridor [8], meaning habitat shaped by perennial or intermittent streams [9]. We didn't find a general building setback from creeks or tree-clearing rules in the documents reviewed; riparian standards may be in the Town's Hillside Development Standards and Guidelines, which we didn't have.
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Next steps
- Check the FEMA flood map for your parcel at Parks and Public Works or Community Development.
- If you're in a flood hazard area, apply to the Floodplain Administrator (Parks and Public Works) for a floodplain development permit along with your building permit.
- For any work in or near a creek bed or bank, ask the Planning Division about riparian standards and obtain any required state and federal permits first.
Common questions
- Do coastal or shoreline rules apply in Los Gatos, California?
- No. Los Gatos is inland, so there is no coastal permit; near creeks the main rules are the Town's floodplain regulations.
- Do I need a permit to build in a flood zone in Los Gatos, California?
- Yes. Any development in a mapped flood hazard area needs a floodplain development permit from the Floodplain Administrator (Parks and Public Works).
- Can I fence near a creek in Los Gatos, California?
- No fence may be within 20 feet of a riparian corridor.
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. 29.90.115, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
Any person, owner, or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development.
- Sec. 29.90.075, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
The Flood Insurance Study (FIS) for Santa Clara County, California and Incorporated Areas dated May 18, 2009, and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of this Article and serve as the basis for establishing flood hazard areas.
- Sec. 29.90.085, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
The Director of Parks and Public Works is designated the Floodplain Administrator.
- Sec. 29.90.290, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
Development, site improvements, and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 29.90.160 (1) of this Article demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
- Sec. 29.90.040, Substantial improvement, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started.
- Sec. 29.90.255(1), Town Code Chapter 29, Article IX - Floodplain Management, p. 1
Are one story and not larger than six hundred (600) square feet in area when located in special flood hazard areas.
- Sec. 29.90.130, Town Code Chapter 29, Article IX - Floodplain Management, p. 1
The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this Article and shall provide documentation of such permits to the Floodplain Administrator.
- Sec. 29.40.0315(c)(2), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
No fence, wall, or gate shall be located within twenty (20) feet of a riparian corridor as defined in section 29.40.0310 .
- Sec. 29.40.0310, Riparian corridor, Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams.