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Building near the coast or a creek in Tiburon, California

Tiburon, Marin County · Ordinances checked 2026-10-05 · Reviewed · 7 cited sections

Allowed with board review

Tiburon's bay shoreline below the mean high tide line is in the Marine (M) zone, where any grading or construction needs a town tidelands permit and is also subject to the San Francisco Bay Conservation and Development Commission (BCDC). On dry land, normal zoning applies, and an ADU must stay at least 10 feet from the top of any creek bank.

What counts as the shoreline zoneAll submerged land and partially submerged land up to the mean high tide line (M zone) [1]
Town permitTidelands permit for all grading or construction in the M zone [2]
Other agencySan Francisco Bay Conservation and Development Commission (BCDC) [3]
Submerged land and lot calculationsExcluded from lot coverage and FAR; may count toward minimum lot area and rear setback [4]
Tidelands permit expiration3 years, no extensions [6]
ADU creek setback10 feet from top of creek bank [7]

Which areas are covered

Tiburon sits on San Francisco Bay, outside the Coastal Commission's coastal zone, so there's no Local Coastal Program or coastal development permit. Instead, the town's Marine (M) zone includes all submerged land and partially submerged land up to the mean high tide line, unless the zoning map shows a different zone [1]. Submerged and partially submerged land is treated as a conservation area subject to the M zone and to BCDC regulations [3].

Town tidelands permit

A tidelands permit is required for all grading or construction in the M zone, including submerged and partially submerged land up to the mean high tide line [2]. Piers, docks, berthing facilities, and decks and balconies extending off buildings in the M zone are allowed only with a tidelands permit. The Community Development Director acts on repairs and minor projects with no significant environmental impact. Other applications go to the Planning Commission along with a conditional use permit [5]. Emergency flood-protection work and maintenance of structures approved by a tidelands permit are exempt. A tidelands permit expires after three years with no extensions [6].

Waterfront lots

The part of a lot below mean high tide doesn't count toward lot coverage or floor area ratio, but submerged land you own can be applied toward minimum lot area and the required rear setback [4]. In the R-2 zone, no building may extend seaward of the R-2/M zone boundary except as the M zone allows. Additions on land still go through site plan and architectural review, which weighs grading, tree removal and natural features such as watercourses. Construction in flood hazard zones must meet the town's flood damage prevention chapter, which we did not review.

Creeks

We found no general creek setback in the code sections we reviewed. The ADU rules require an ADU to be at least 10 feet from the top of any creek bank on the lot [7].

See how Tiburon compares with 8+ other California towns on building near the coast or creeks →

Next steps

  1. Find your lot's mean high tide line and zoning boundary on the Tiburon zoning map; anything bayward is in the M zone.
  2. For grading or construction in the M zone, apply for a tidelands permit with the Planning Division, 1505 Tiburon Boulevard (415-435-7390).
  3. Contact BCDC early about a permit for fill, shoreline work, or work within its shoreline band.
  4. For land-side additions, apply for site plan and architectural review and ask about flood zone requirements.

Common questions

Do I need a permit to build on the shoreline in Tiburon, California?
Yes. Tiburon's bay shoreline below the mean high tide line is in the Marine (M) zone, where any grading or construction needs a town tidelands permit and is also subject to BCDC.
What rules apply to dry land near the bay in Tiburon, California?
On dry land, normal zoning applies.
How far must an ADU be from a creek in Tiburon, California?
An ADU must stay at least 10 feet from the top of any creek bank.

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.

State sources: Pub. Res. Code §30600 (coastal development permit required) · Pub. Res. Code §30106 (definition of development) · Pub. Res. Code §30103 (coastal zone boundary) · Pub. Res. Code §30519 (permit authority after LCP certification) · Pub. Res. Code §30603 (appeals to the Coastal Commission) · Pub. Res. Code §30610 (exempt development) · California Coastal Commission, Local Coastal Programs · Fish & Game Code §1602 (streambed alteration notification) · CDFW, Lake and Streambed Alteration Program

What the ordinance says

Exact text from Tiburon's published ordinances. Section numbers are as printed in the source.

  1. Sec. 16-25.020, Municipal Code Ch. 16 Sec. 16-25 Marine Zone, p. 1
    This zone is intended to include all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless designated in a different zone on the zoning map.
  2. Sec. 16-52.080(C), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
    A tidelands permit is required for all grading and/or construction on land and/or water areas within the town's jurisdiction that are located in the M zone, and includes all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless designated in a different zone on the zoning map.
  3. Sec. 16-30.100(A), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
    Wholly submerged lands, and underwater portions of lands that are partially submerged, shall be considered conservation areas subject to the regulations of the M (marine) zone (divison 16-25 ), and of the San Francisco Bay Conservation and Development Commission (BCDC).
  4. Sec. 16-30.100(B), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
    The area of such lots that is below the mean high tide line shall not be used in the determination of lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is located, but submerged land under the same ownership may be applied toward the minimum lot area requirements and the required rear setback of a lot.
  5. Sec. 16-52.080(F), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
    The director shall act on tidelands permit applications if the application includes only repair to a structure, or is minor and incidental and without significant environmental impact.
  6. Sec. 16-52.080(H), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
    A tidelands permit shall expire and become null and void three years after its effective date, unless vested. No time extensions are permitted.
  7. Sec. 16-52.100(C)(15), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
    The ADU shall be located at least ten feet from the top of any creek bank that exists on the lot of the proposed ADU.
This page summarizes Tiburon's posted ordinances as of 2026-10-05. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Community Development - Building Division (permits, inspections, code enforcement), 1505 Tiburon Boulevard (415-435-7380 (Community Development main 415-435-7390)) before you build. Spot an error?