Dock, pier and float rules in Orinda, California
Orinda's ordinances we reviewed don't regulate docks, piers or floats; the city's waterways are creeks. Any structure built in or across a creek needs a written watercourse permit from the Planning Director first.
| Structures in or across a creek | Written permit from the Planning Director required [1] |
| Creek setback for structures | No structure in the setback without City Engineer approval and an exception [2] |
No dock rules
The Orinda municipal code chapters we reviewed (residential zoning, development standards, definitions, swimming pools, and the stormwater, watercourse and floodplain chapters of Title 18) don't mention private docks, piers or floats. The only references to wharves or piers are in definitions, where a wharf counts as an obstruction in a watercourse and piers are foundation supports. Orinda's waterways in these documents are creeks and drainage channels, not lakes or a harbor.
Building at a creek
Any new structure, or improvement or expansion of an existing one, within or across a watercourse requires a written permit from the Planning Director [1]. The code lists pipes, culverts, buildings, swimming pools, bridges, patios, fences and retaining walls as examples. Creek setbacks also bar structures and grading near the bank unless the City Engineer approves and an exception is granted [2] (see Building Near the Water).
See how Orinda compares with 8+ other California towns on docks, piers & floats →
Next steps
- Contact the Orinda Planning Department (925-253-4210) before building anything in, over or next to a creek on your property.
- Apply for a watercourse permit under OMC §18.03.050, and an exception permit if the work is inside the creek setback.
Common questions
- Does Orinda, California regulate docks or piers?
- No. Orinda's ordinances reviewed don't regulate private docks, piers or floats; the city's waterways are creeks and drainage channels, not lakes or a harbor.
- Do I need a permit to build over a creek in Orinda, California?
- Yes. Any new structure, or improvement or expansion of an existing one, within or across a watercourse requires a written permit from the Planning Director. Examples include bridges, patios, fences and retaining walls.
- Can I build in the creek setback in Orinda, California?
- Only with approval. Creek setbacks bar structures and grading near the bank unless the City Engineer approves and an exception is granted. Contact the Orinda Planning Department before building in, over or next to a creek.
California state rules for docks and piers
A private dock or pier often needs several approvals beyond a city building permit.
- State Lands Commission lease: the Commission controls state-owned tidelands and submerged lands and the beds of navigable rivers, lakes and bays (Pub. Res. Code §6301). A private dock or pier on those lands generally needs a lease. The Commission must charge rent for private recreational piers on state lands, based on local fair rental values (§6503.5). In some harbors the Legislature has granted tidelands to a city, county or port district, which manages them instead.
- Coastal development permit: in the coastal zone a dock needs a CDP (§§30106, 30600). On tidelands, submerged lands or public trust lands, the Coastal Commission issues it, even where the city has a certified Local Coastal Program (§30519(b)).
- San Francisco Bay (BCDC): around the Bay you need a permit from the San Francisco Bay Conservation and Development Commission to place fill. Under the McAteer-Petris Act, "fill" includes pilings, structures on pilings, and floating docks moored for long periods (Gov. Code §66632). BCDC's jurisdiction covers the Bay and a 100-foot shoreline band (§66610). The Coastal Act's coastal zone does not include BCDC's area.
- Streams and lakes: work that changes the bed, bank or channel of a river, stream or lake requires notifying the Department of Fish and Wildlife (Fish & Game Code §1602).
- Federal: structures in navigable waters generally need a U.S. Army Corps of Engineers permit.
- Local: many harbors and marinas also require a city or harbor-district permit.
What the ordinance says
- OMC §18.03.050(F), Municipal Code Title 18 Ch. 18.03 Watercourse Maintenance, Alteration and Protection (with Ch. 18.04 design standards, 18.05 floodplain), p. 1
Install or construct a new structure or improve or expand an existing structure within or across a watercourse.
- OMC §17.4.6(C), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
No structure may be built, except for second story additions that do not encroach into the required setback beyond the existing first floor structure, and no grading is permitted in the setback of a water channel, unless the project meets the following conditions: