Building near the coast or a creek in Malibu, California
All of Malibu is in the Coastal Zone, so most new building needs a coastal development permit from the city under its Local Coastal Program. On the beach, new homes generally can't extend seaward of a stringline drawn between the neighboring homes and must be at least 10 ft landward of the mean high tide line. On bluff tops the setback is at least 100 ft from the bluff edge (50 ft with geotechnical approval), and streams and wetlands get at least 100-ft buffers.
| Coastal zone | Entire city; CDP required for most development [1] |
| Beachfront setback from mean high tide | At least 10 feet [2] |
| Beachfront infill (dwellings) | Not seaward of the stringline between neighboring homes [3] |
| Bluff-top setback | 100 ft from bluff edge (may be reduced to 50 ft) [4] |
| Decks/patios on bluff tops | No closer than 15 ft to bluff edge [10] |
| Stream/riparian buffer | At least 100 feet [5] |
| Wetland buffer | At least 100 feet [6] |
| Seawalls for new development | Not permitted (except to protect a new septic system) [7] |
| Nonconforming beach/bluff homes | Additions of 50% or more require full conformance [8] |
| Exemption exceptions | On a beach, wetland, ESHA, or within 50 ft of a bluff edge [9] |
Coastal development permits
These rules come from Malibu's Local Implementation Plan as of September 2020 (the Municipal Code wasn't available to us), so check for later changes. Every property in Malibu is in the Coastal Zone, and most development needs a coastal development permit (CDP) from the city under its certified Local Coastal Program (LCP) [1]. Many improvements to existing homes are exempt. The exemption doesn't apply to work on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area (ESHA), or within 50 ft of a coastal bluff edge [9]. Work on tidelands or submerged lands needs a permit from the Coastal Commission itself.
Building on the beach
- New beach development must avoid hazard areas over a 100-year life, and be elevated and sited as far landward as possible. It must be at least 10 ft landward of the mean high tide line [2].
- For infill lots, a new home can't extend seaward of a stringline between the nearest corners of the neighboring homes. Decks and patios use a separate deck stringline [3].
- Seawalls and revetments aren't allowed to protect new development, except a new septic system with no alternative. They're allowed only for existing homes, guesthouses or garages at real risk [7].
- Applications need a coastal engineer's wave run-up and erosion analysis.
Bluff tops
New development must be set back far enough to be safe from erosion for 100 years, and never less than 100 ft from the bluff edge [4]. Geotechnical staff can reduce this to 50 ft. The setback covers houses, guesthouses, pools, septic systems and similar structures. Decks, patios and walkways without foundations can extend into it but must stay 15 ft from the edge [10]. No permanent structures are allowed on the bluff face except public-access stairways.
Streams, wetlands and habitat
New development needs a native-vegetation buffer of at least 100 ft from the edge of riparian vegetation along streams, or from the stream bank where there's no riparian vegetation [5]. Wetlands also get at least 100 ft [6]. Oak woodland and other ESHA have similar buffers. Vegetation removal and non-native planting aren't allowed in buffers.
Existing nonconforming homes
Nonconforming structures can be repaired and maintained. Replacing more than 50% of the structure requires bringing it into conformance. For beach and bluff-top homes that don't meet current setbacks, additions of 50% or more aren't allowed unless the home is brought into conformance [8].
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Next steps
- Ask the Planning Department (23825 Stuart Ranch Road, 310-456-2489) whether your project needs a coastal development permit or qualifies for an exemption.
- For beach lots, hire a licensed coastal engineer for a wave run-up and erosion analysis and get a surveyed mean high tide line; for bluff tops, get a slope stability and bluff retreat study from a certified engineering geologist or geotechnical engineer.
- Check whether your lot is near a stream, wetland or other ESHA mapped in the LCP, and plan for 100-ft buffers.
- If your work is on tidelands or the beach seaward of the mean high tide line, contact the California Coastal Commission and State Lands Commission as well.
Common questions
- Do I need a coastal development permit in Malibu, California?
- Usually yes. All of Malibu is in the Coastal Zone, so most new building needs a coastal development permit from the city. Many improvements to existing homes are exempt, but not work on a beach, in a wetland or ESHA, seaward of the mean high tide line, or within 50 ft of a coastal bluff edge.
- How far back do I have to build from the beach in Malibu, California?
- New beach development must be at least 10 ft landward of the mean high tide line, and on infill lots a new home can't extend seaward of a stringline drawn between the neighboring homes. Applications need a coastal engineer's wave run-up and erosion analysis.
- What is the bluff setback in Malibu, California?
- New development must be at least 100 ft from the bluff edge, which geotechnical staff can reduce to 50 ft. Decks, patios and walkways without foundations can extend into the setback but must stay 15 ft from the edge.
- What is the stream and wetland buffer in Malibu, California?
- New development needs a native-vegetation buffer of at least 100 ft from the edge of riparian vegetation along streams, or from the stream bank where there's none. Wetlands also get at least 100 ft.
- Can I build a seawall in Malibu, California?
- Not to protect new development, except a new septic system with no alternative. Seawalls and revetments are allowed only for existing homes, guesthouses or garages at real risk.
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
- LIP Sec. 13.2, Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 275
All properties within the City of Malibu are located within the coastal zone as defined in the California Coastal Act and are subject to the provisions of this Chapter.
- LIP Sec. 10.4(B), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 246
All development shall be setback a mini- mum of 10 feet landward of the most landward surveyed mean high tide line. Whichever setback method is most restrictive shall apply.
- LIP Sec. 3.6(G)(3)(a), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 106
Dwellings. For a dwelling, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast dwelling.
- LIP Sec. 10.4(D), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 247
In no case shall development be set back less than 100 feet. This distance may be reduced to 50 feet if the City geotechnical staff determines that either of the conditions below can be met with a lesser setback.
- LIP Sec. 4.6.1(A), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 192
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.
- LIP Sec. 4.6.1(B), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 192
New development shall provide a buffer of no less than 100 feet in width from the upland limit of the wetland.
- LIP Sec. 10.4(K), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 250
Shoreline and bluff protection structures shall not be permitted to protect new development, except when necessary to protect a new septic system and there is no feasible alternative that would allow residential development on the parcel.
- LIP Sec. 13.5(E), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 282
For non-conforming structures located on a blufftop or on the beach that do not comply with the set- backs required for new development on a blufftop or beach, additions that increase the size of the structure by 50 percent or more, including all additions that were undertaken after certification of the LCP, shall not be authorized unless such structures are brought into conformance with the policies and standards of the LCP.
- LIP Sec. 13.4.1(B)(1), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 276
Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff.
- LIP Sec. 10.4(D), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 247
Ancillary structures such as decks, patios and walkways that do not require structural foundations may extend into the setback area but in no case shall be sited closer than 15 feet from the bluff edge.