Building near the coast or a creek in Orinda, California
In Orinda, "near the water" means creeks. Depending on the channel type, structures and grading must stay 15 to 45 feet back from the top of the creek bank, unless the City Engineer approves and you get an exception permit. Any work that alters a creek, its flow, or the vegetation along it needs a written watercourse permit from the Planning Director.
| Creek setbacks by channel type | 45 or 35 ft (Type I), 45 or 30 ft (Type II), 15 ft (Type III), 0 ft (Type IV man-made) [1] |
| Where setback is measured | Top of bank, or farthest extent of undercut bank, whichever is greater [2] |
| Building or grading in setback | Only with City Engineer approval and an exception permit (second-story additions over existing footprint excepted) [3] |
| Watercourse alteration permit | Written permit from the Planning Director [4] |
| Vegetation near creeks | Permit needed to destroy or significantly alter vegetation at or near a watercourse [5] |
| Protected riparian trees | 4.5 inches diameter or more within 30 ft of a creek bank [6] |
| Flood zones | Development permit required in special flood hazard areas [7] |
Which areas are covered
Orinda's sources contain no coastal program. Building near the water here means the setbacks and permits for creeks, streams and other water channels in Section 17.4.6 and Title 18. Type I channels are major creeks such as San Pablo, Moraga, Brookside and Laterwasser Creeks. Type II channels are tributaries with defined beds and banks, Type III are swales without well-defined banks, and Type IV are man-made ditches.
Setbacks
The setback table in Section 17.4.6(A) lists the setbacks as 45, 35, 45, 30, 15 and 0 feet [1], one for each channel category: Type I channels need 45 feet where side slopes are steeper than 2:1 and 35 feet where they are gentler. Type II channels need 45 feet if perennial and 30 feet if intermittent or ephemeral. Type III need 15 feet and Type IV none. Setbacks are measured from the top of the bank, or from the farthest extent of a bank undercut by the creek, whichever gives the greater setback [2].
Building or expanding in the setback
No structure and no grading is allowed in a creek setback unless the City Engineer approves and you are granted an exception under Chapter 17.32. The one carve-out is second-story additions that don't extend past the existing first floor [3]. For work on a creek bank or in an undeveloped natural area, the City may hire a biologist at your expense, and the findings are weighed in the exception decision.
Creek work and vegetation
A written permit from the Planning Director is needed to change a creek's flow, build or repair a watercourse, grade land in a way that affects its capacity, or build structures in or across it [4]. Structures include pools, patios, fences and retaining walls. The same applies to destroying or significantly altering vegetation at or near a watercourse, except to maintain hydraulic capacity or for required restoration [5]. Riparian trees 4.5 inches or more in diameter within 30 feet of a creek bank need a tree removal permit [6]. Property owners are responsible for maintaining creeks on their land.
Flood zones
A development permit is required before building in a special flood hazard area [7]. Projects needing a landscape plan along a creek must include native riparian planting, and resource agency approvals must be obtained before building or grading permits.
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Next steps
- Ask the Orinda Planning Department (925-253-4210) to identify the channel type on or near your lot and your required creek setback; you may need a survey of the top of bank.
- If you plan to build, grade or remove vegetation near a creek, apply for a watercourse (drainage) permit from the Planning Director.
- For any structure or grading inside the creek setback, get City Engineer approval and apply for an exception permit; be prepared to fund a biotic assessment.
- Get a tree removal permit before removing riparian trees, and check whether state or federal agencies must also approve creek work.
- If your lot is in a special flood hazard area, apply for a floodplain development permit before construction.
Common questions
- What is the creek setback in Orinda, California?
- It depends on the channel type: 45 or 35 feet for Type I creeks, 45 or 30 feet for Type II, 15 feet for Type III and none for man-made Type IV ditches. Setbacks are measured from the top of the bank or the farthest undercut, whichever is greater.
- Can I build in a creek setback in Orinda, California?
- Only with City Engineer approval and an exception permit. The one carve-out is second-story additions that don't extend past the existing first floor. The City may hire a biologist at your expense.
- Do I need a permit to work near a creek in Orinda, California?
- Yes. A written watercourse permit from the Planning Director is needed to alter a creek or its flow, build structures in or across it, or significantly alter vegetation near it. Riparian trees 4.5 inches or more in diameter within 30 feet of a creek bank need a tree removal permit.
- Do I need a floodplain permit in Orinda, California?
- Yes, a development permit is required before building in a special flood hazard area in Orinda.
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
- OMC §17.4.6(A) table, 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
Setback** (feet) 45 35 45 30 15 0
- OMC §17.4.6(A), 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
All setbacks are measured from the top of the bank or from the furthest extent of banks undercut by creek, whichever results in the greatest setback.
- 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:
- OMC §18.03.050, Municipal Code Title 18 Ch. 18.03 Watercourse Maintenance, Alteration and Protection (with Ch. 18.04 design standards, 18.05 floodplain), p. 1
No person, firm, corporation, or public district shall allow on its property or commit or cause to be committed any of the acts or situations described in this section unless a written permit has first been obtained from the Planning Director:
- OMC §18.03.050(D), Municipal Code Title 18 Ch. 18.03 Watercourse Maintenance, Alteration and Protection (with Ch. 18.04 design standards, 18.05 floodplain), p. 1
Destroy or significantly alter vegetation at or near a watercourse, including without limitation cutting, clearing, grubbing, burning, removing, excavating or grading, except as is necessary to maintain or restore the hydraulic capacity of the watercourse or in compliance with riparian restoration requirements under this title;
- Code Enforcement webpage, Tree Removal, Code Enforcement - City webpage (common infractions: construction hours, fences, trees, nuisances), p. 1
Riparian trees - 4.5 inches in diameter within 30 feet of the bank of a water course.
- OMC §18.05.100, Municipal Code Title 18 Ch. 18.03 Watercourse Maintenance, Alteration and Protection (with Ch. 18.04 design standards, 18.05 floodplain), p. 1
A development permit must be obtained before construction or development begins within any area of special flood hazard established in Section