When you may not need a BCDC permit

Certain activities involving single-family homes and duplexes

For existing single-family or two-family residences, also known as duplexes, the following activities do not require a BCDC permit only if the activity or use:

• Is located or conducted entirely in the shoreline band, or partially in the shoreline band and partially in areas outside BCDC’s jurisdiction

• Does not adversely impact existing public access

• Does not block views of the Bay from the nearest public road or other publicly accessible location

The activities are:

• Routine repairs and maintenance

• Construction, replacement, or alteration of accessory structures, such as garages, carports, storage sheds, tool sheds, or playhouses

• Construction of an accessory dwelling unit (ADU)

• Renovation, remodeling, or alteration of an existing structure that does not increase the building footprint

• Reconstruction or replacement of an existing residence that was constructed under a BCDC permit, as long as the new residence would not increase the building footprint

• Construction, replacement, or alteration of ancillary facilities, such as stairs, decks, patios, driveways, and retaining walls less than five feet in height and that will not serve a flood protection function or require drilled piers or pile driving

• Installation, replacement, alteration, or removal of landscaping, gardens, and plantings

• Installation, replacement, or alteration of a fence or gate less than five feet in height.

Certain activities involving commercial, office, industrial, recreational, multi-family residential, and other uses

For existing commercial, office, industrial, recreational, multi-family residential, and other uses besides existing single-family homes and duplexes, the following activities do not require a BCDC permit only if the activity or use:

• Is located or conducted entirely in the shoreline band, or partially in the shoreline band and partially in areas outside BCDC’s jurisdiction

• Does not adversely impact existing public access

• Does not block views of the Bay from the nearest public road or other publicly accessible location

The activities are:

• Routine repairs and maintenance

• Construction, replacement, or alteration of accessory structures, such as waste disposal or recycling stations, utility structures, signage associated with the existing use, and other facilities, provided such structures do not change the type or intensity of the use (for instance, by adding capacity for new residents, workers, or customers)

• Renovation, remodeling, or alteration of an existing structure that:

  • Has an estimated cost of less than $2 million

  • Does not increase the building footprint

  • Will not result in a substantial change in use

• Construction, replacement, or alteration of ancillary facilities, such as stairs, sidewalks, parking lots, driveways, and retaining walls less than five feet in height and that will not serve a flood protection function or require drilled piers or pile driving

• Installation, replacement, alteration, or removal of landscaping, gardens, and plantings

• Installation, replacement, or alteration of a fence or gate less than five feet in height

Certain other activities in the shoreline band

The following activities do not require a BCDC permit only if the activity or use:

• Is located or conducted entirely in the shoreline band, or partially in the shoreline band and partially in areas outside BCDC’s jurisdiction

• Does not adversely impact existing public access

• Does not block views of the Bay from the nearest public road or other publicly accessible location

The activities are:

• Removal of any existing structure, accessory structure, ancillary facility, fence, or gate, or removal of any existing use or activity, other than removal of existing public access or public access improvements

• Transfer of ownership or a change of tenant for an existing structure or activity, as long as the new owner or tenant continues the same general category of use or activity and does not substantially change the intensity of use or activity

• A subdivision or other division of land in connection with a public agency acquiring an interest in such land for wildlife habitat, marsh restoration, public recreation, or public access

• Installation or relocation of a utility box to provide electrical, gas, communications, water, sewage, or any other public services for an existing use or structure

• Installation, replacement, alteration, relocation, or maintenance of any public service facilities (for electrical, gas, communications, water, seweage, or any other public services) within or upon any public highway or street

Certain environmental remediation activities in the shoreline band

The following environmental remediation activities do not require a BCDC permit only if the activity:

• Is located or conducted entirely in the shoreline band, or partially in the shoreline band and partially in areas outside BCDC’s jurisdiction

• Does not adversely impact existing public access

• Does not block views of the Bay from the nearest public road or other publicly accessible location

This applies to environmental remediation activities including:

• Installation of borings to collect soil or groundwater samples

• Installation and sampling of groundwater monitoring wells

• Removal or treatment of contaminated soil or groundwater

These activities must also be approved or overseen by the California Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, a Certified Unified Program Agency, or the United States Environmental Protection Agency through a soil or groundwater sampling plan, site investigation plan, remedial action plan, other cleanup plan, or an administrative enforcement order requiring investigation or remediation.

Environmental or seismic testing

The extraction of materials for environmental or seismic testing purposes does not require a BCDC permit. This includes incidental activities to restore a site to its previous condition, such as backfilling or sealing small-diameter boring holes or monitoring wells once sampling has been completed.

Activities outside BCDC jurisdiction

Activities outside BCDC jurisdiction do not require a BCDC permit, though certain activities outside BCDC’s jurisdiction are subject to federal consistency review by BCDC.

Visit Check if you need a BCDC permit to learn more about BCDC’s jurisdiction and when a permit may be required.

Activities that may still require a BCDC permit

An activity may still require a BCDC permit if it does not meet all applicable conditions on this page.

Contact BCDC staff before proceeding if the activity may:

• Involve work in the Bay, certain waterways, salt ponds, managed wetlands, or the Suisun Marsh

• Involve fill

• Involve extraction of materials, except environmental or seismic testing described above

• Result in a substantial change in use

• Adversely impact existing public access

• Remove existing public access or public access improvements

• Block views of the Bay from the nearest public road or other publicly accessible location
• Increase a building footprint where the regulation requires that the footprint not increase

• Change the type or intensity of an existing use

• Serve a flood protection function

• Require drilled piers or pile driving

Other permits may still be required

Even if a BCDC permit is not required, you may need permits or approvals from other agencies. These may include local building, planning, zoning, grading, or encroachment permits, or permits from other state, regional, or federal agencies.

You are responsible for obtaining all required permits and approvals before beginning work.