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Building Near the Coast or Creeks in California: rules in 10 towns compared
What permits do I need to build near the coast, a bluff or a creek? Here's how each town answers it. Click a town for the details and the exact ordinance text.
Last reviewed
This page is for California homeowners building near the ocean, a bay or a creek. California has no statewide shoreland setback, but two state laws matter most. Under the Coastal Act (Pub. Res. Code §30000 et seq.), almost any development in the coastal zone needs a coastal development permit. The zone generally runs about 1,000 yards inland from mean high tide, and where a city has a Local Coastal Program certified by the Coastal Commission, the city issues the permit. Inland, you must notify the Department of Fish and Wildlife before work that changes the bed, channel or bank of a creek, even one that's dry part of the year (Fish & Game Code §1602). Cities often add their own creek setbacks.
Of the 10 cities we cover for this topic, Del Mar and Manhattan Beach are in the coastal zone and issue coastal permits under certified Local Coastal Programs; Del Mar also requires a 40-foot setback from coastal bluff edges. Tiburon's bay shoreline needs a local tidelands permit and is subject to BCDC. Inland, Lafayette sets creek setbacks of 12 to 21 feet from the top of bank, Los Altos sets 40 feet along Adobe Creek, and Saratoga measures setbacks from the top of the creek bank. Hillsborough, Los Gatos and Saratoga require a floodplain development permit in mapped flood hazard areas, and Pasadena regulates building near the Arroyo Seco slope bank. Pick your city below for the details and the municipal code text.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Los Altos | Allowed with board review | Los Altos regulates building near creeks rather than a coastline. Any structure, fence or major earthmoving in a creek or its protection setback needs a written permit first. Along Adobe Creek, parcels subdivided after Aug. 13, 1985 have a 40-ft setback from the top of the bank (80 ft on lots over 3 acres) where construction and vegetation removal need planning department permission. |
| Saratoga | Allowed with board review | Saratoga is inland, so coastal permits don't apply; the water rules here are about creeks and flood zones. Where a protected creek runs through or along a lot, building setbacks for new construction are measured from the top of the creek bank instead of the property line, and a creek protection easement is required. Any construction in a FEMA special flood hazard area needs a floodplain development permit, and new or substantially improved homes must have the lowest floor at least 1 foot above base flood elevation. |
| Los Gatos | Allowed with a permit | Los Gatos is inland, so there is no coastal permit; near creeks the main rules are the Town's floodplain regulations. Any development in a mapped flood hazard area needs a floodplain development permit from the Floodplain Administrator (Parks and Public Works), fill in a floodway is barred unless it causes no rise in flood levels, and no fence may be within 20 feet of a riparian corridor. |
| Tiburon | 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. |
| Piedmont | Not specifically regulated | Piedmont's code chapters we reviewed don't regulate building near water. Piedmont is an inland hillside city with no coastline, and we found no creek or riparian setback rules in its zoning code; ordinary zoning setbacks apply. |
| Lafayette | Restricted | Lafayette is inland, so the rules near water are creek setbacks: no buildings or structures (other than fences, paths and drainage work) within a setback that runs 12 to 21 feet from the top of bank, or more for deep or steep channels. The city engineer can grant exceptions with a survey, soils report and recorded hold-harmless agreement. |
| Manhattan Beach | Allowed with board review | In Manhattan Beach's Coastal Zone, most development (new homes, additions, grading, demolition) needs a coastal development permit from the city under its certified Local Coastal Program, in addition to other permits. Routine improvements to an existing single-family home, such as garages, pools, fences and sheds, are exempt unless the property is on the beach, near a bluff, or between the sea and the first public road (or within 300 feet of the beach) and the work is large enough. |
| Pasadena | Allowed with board review | Pasadena is inland, so its "near the water" rules cover the Arroyo Seco and flood-prone areas rather than a coastline. On mapped Arroyo Seco slope-bank lots, no structure may extend over or below the top edge of the slope bank, and any structure within 20 feet of that edge needs a Hillside Development Permit. In flood-prone areas, new construction and substantial improvements must be anchored and built with flood-resistant materials. |
| Del Mar | Allowed with board review | All of Del Mar is in the Coastal Zone, so most development needs a Coastal Development Permit (CDP) from the city unless an exemption applies. On coastal bluffs, new structures must be 40 feet from the bluff edge. Next to the San Dieguito and Los Peñasquitos lagoons, a wetland buffer of 100 feet is required (50 feet at minimum). Building in the bluff, steep-slope and lagoon overlays needs a Conditional Use Permit and CDP from the Planning Commission. |
| Hillsborough | Allowed with a permit | Hillsborough has no coastal or creek-setback zone in its code; building near a creek is governed by the town's floodplain rules. In a FEMA-mapped flood hazard area you need a floodplain development permit, the lowest floor must be at least 1 foot above base flood elevation, and building in a floodway is barred unless an engineer shows no rise in flood levels. |
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.
Common questions about coastal & creek rules in California
- Do I need a coastal development permit in California?
- Yes, for almost any development in the coastal zone, including new buildings, additions, grading and lot splits. Some improvements to existing homes and repairs are exempt, with exceptions near beaches and bluffs. Where your city has a certified Local Coastal Program, as in Del Mar and Manhattan Beach, the city issues the permit; otherwise the Coastal Commission does.
- How far inland does the California coastal zone go?
- Generally about 1,000 yards inland from mean high tide, but it reaches up to 5 miles in some habitat areas and less in some cities. San Francisco Bay is excluded and regulated by BCDC instead. To check a specific parcel, use the Coastal Commission's coastal zone boundary maps or ask your city.
- Can a coastal project be appealed to the Coastal Commission?
- Yes, in certain areas. Local approvals can be appealed for projects between the sea and the first public road, within 300 feet of a beach or the mean high tide line, within 100 feet of a wetland, estuary or stream, or within 300 feet of a coastal bluff.
- How close to a creek can I build in California?
- It depends on your city; there's no statewide numeric creek setback. Cities we cover range from 12 to 21 feet from the top of bank in Lafayette to 40 feet along Adobe Creek in Los Altos. Any work that changes the creek's bed, bank or channel also requires notifying the Department of Fish and Wildlife.
- Do I need a permit to work in a creek in California?
- Usually yes. State law requires notifying the Department of Fish and Wildlife before diverting or blocking a stream, changing its bed, channel or bank, or putting material into it, and CDFW may require a Lake or Streambed Alteration Agreement. Cities may add their own permits, such as floodplain development permits in mapped flood hazard areas.
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