Building near the coast or a creek in Newport Beach, California
Building on a Newport Beach lot on the bay, ocean, a bluff or a canyon needs a coastal development permit from the city under its Local Coastal Program. In shoreline hazard areas you must submit a coastal hazards report covering 75 years of erosion and sea level rise, and new seawalls are generally allowed only to protect existing homes. The required setback distances are in chapters we couldn't review, so ask the Planning Division for your lot's numbers.
| Approval needed | Coastal development permit under the city's Local Coastal Program (Title 21) [1] |
| Coastal hazards report | Required in shoreline areas facing erosion, flooding or wave hazards, including sea level rise [2] |
| Planning horizon | 75 years of erosion and sea level rise [2] |
| Minimum top of slab for new living areas | At least 9.00 feet (NAVD 88) [3] |
| Replacement structures | Must meet current shoreline, bluff and bulkhead setbacks [4] |
| Waterfront setback fences and encroachments | Max 42 inches above existing grade [7] |
| Erosion control plan | Required for major work within 100 feet of a bluff or canyon edge [8] |
What needs review
Newport Beach has a certified Local Coastal Program, so the city issues coastal development permits. Its Implementation Plan (Title 21) sets extra standards for lots that abut or include bluffs, canyons, beaches or the shoreline [1], and for residential lots on Newport Bay, the ocean, the Oxbow Loop and the West Newport channels.
Hazard reports and building elevation
In shoreline areas subject to erosion, flooding, wave runup or wave impacts, including from sea level rise, a coastal development permit application must include a coastal hazards report. The report covers 75-year erosion and sea level rise and a 100-year storm [2]. Sites with geologic hazards also need a geotechnical report, and bluff development must keep a 1.5 static safety factor for about 75 years. New living areas need a top of slab at least 9.00 feet NAVD 88, or higher if flood maps or the hazards report require it [3]. New development also requires a recorded agreement waiving any potential right to future shoreline protection.
Expanding or rebuilding
For improvements to existing waterfront structures, the city considers whether the work increases a nonconformity or replaces more than 50% of the structure. New development and replacement structures must meet current setbacks from the shoreline, bluff and bulkhead [4]. Bluff and canyon setbacks come from the Bluff and Canyon overlay districts and can be increased based on the hazards report. We don't have those overlay chapters, the district setback standards or the setback maps, so this page gives no numeric setback from the water, bluff or bulkhead; get the number for your lot from the Planning Division.
Seawalls and bulkheads
New protective structures are prohibited except to protect coastal-dependent uses, public beaches, or existing principal structures under threat, and only to the minimum needed [5]. They can't be built to protect pools, decks, patios or other accessory structures [6]. Where a bulkhead must stay, the house must be set back enough to allow its repair and realignment.
Setbacks, landscaping and pools
Fences and other encroachments into setbacks next to the bay, ocean or channels are limited to 42 inches above existing grade [7]. Major work within 100 feet of a bluff or canyon edge needs an engineered erosion control plan [8]. Landscaping near bluffs and canyons must be drought-tolerant and native or noninvasive. Pools on these lots need leak-prevention design.
The Implementation Plan chapter we have has no amendment date printed and may predate later amendments, so confirm current standards with the Planning Division.
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Next steps
- Ask the Planning Division whether your lot is in a shoreline, bluff or canyon area and whether it's in the Bluff (B) or Canyon (C) overlay district.
- Hire a qualified engineer for a coastal hazards report (and a geotechnical report on bluffs) using the Implementation Plan's Appendix A method.
- Apply to the Planning Division for a coastal development permit, with the hazards report, site plan, and erosion control plan if within 100 feet of a bluff or canyon edge.
- If you have a bulkhead, include a bulkhead condition report and expect to record a waiver of future shoreline protection.
Common questions
- Do I need a coastal development permit to build in Newport Beach, California?
- Yes, for lots on the bay, ocean, a bluff or a canyon. Newport Beach has a certified Local Coastal Program, so the city issues coastal development permits under its Implementation Plan (Title 21).
- What is the setback from the water or bluff in Newport Beach, California?
- It depends on your lot. Bluff, canyon and shoreline setbacks come from overlay districts and setback maps that weren't reviewed, so ask the Planning Division for your lot's numbers. New and replacement structures must meet current shoreline, bluff and bulkhead setbacks.
- Do I need a coastal hazards report in Newport Beach, California?
- Yes, in shoreline areas subject to erosion, flooding or wave hazards, including from sea level rise. The report covers 75 years of erosion and sea level rise and a 100-year storm. New living areas need a top of slab at least 9.00 feet NAVD 88.
- Can I build a seawall in Newport Beach, California?
- Generally only to protect existing principal structures under threat, coastal-dependent uses or public beaches, and only to the minimum needed. Seawalls can't be built to protect pools, decks, patios or other accessory structures.
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. 21.30.030(B) Applicability, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 12
This section applies to coastal development permit applications for development applications on lots that abut or include bluffs, canyons, beaches, or the shoreline.
- Sec. 21.30.015(E)(2) Coastal Hazards Report, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 6
Coastal development permit applications for development proposed in shoreline areas subject to current or expected future erosion, flooding/inundation, wave runup, or wave impacts, including those resulting from sea level rise shall include a coastal hazards report.
- Sec. 21.30.015(D)(3)(b) Development Standards, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 5
Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required top of slab elevation for interior living areas of all new structures shall be at least 9.00 (NAVD 88);
- Sec. 21.30.015(D)(3)(h) Development Standards, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 5
New development and/or replacement structures shall be brought into conformity with current standards for setbacks from the shoreline, bluff and/or bulkhead.
- Sec. 21.30.030(C)(3)(a) Protective Structures, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 13
The construction of protective structures shall be prohibited, except to protect coastal-dependent uses, or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply, and existing structures that are:
- Sec. 21.30.030(C)(3)(a)(2) Protective Structures, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 13
For purposes of this subsection, “existing structure” shall consist only of a principal structure (e.g., residential dwelling, required garage, second residential unit, etc.) and shall not include accessory structures (e.g., cabanas, decks, landscaping, patios, pools, stairs, tennis courts, etc.).
- Sec. 21.30.110(D)(1)(d) Waterfront Areas, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 42
Allowed encroachments into required setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport shall not exceed a height of forty-two (42) inches above the existing grade.
- Sec. 21.30.015(E)(7) Erosion Control Plan, LCP Implementation Plan Chapter 21.30 - Property Development Standards (shoreline protection, fences/hedges/walls, harbor development), p. 10
Applications for development located within 100 feet of a bluff or canyon edge involving substantial alterations to existing buildings or site design, or construction of new buildings shall include a site-specific erosion control plan.