Do You Need a Permit for a Patio in Monterey County?

Usually not a building permit, if the patio sits at ground level. California’s permit-exempt list covers sidewalks and driveways no more than 30 inches above adjacent grade. That item holds only when the walk is not over a basement or a story below. It must not be part of an accessible route either.

The City of Monterey’s building FAQ comes closer to a patio. It lists “Platforms and walks not over 30 inches” among the work that needs no building permit. Grading, tree, design and coastal rules can still reach a patio that needs no building permit. The office that covers your address has the final word, so confirm with it first.

Aguilar and Sons Construction is a licensed general building contractor based in Salinas. We build concrete patios across the Monterey Bay area, from the Monterey Peninsula to Santa Cruz and Hollister. When a patio needs a permit, we build to the approved plans and work with the building department’s inspections.

Who decides on a concrete patio permit in Monterey County?

It depends on where the house sits. Inside city limits, the city decides. Unincorporated places go through Monterey County Housing and Community Development (HCD). Those include Prunedale, Carmel Valley, Pebble Beach and Corral de Tierra.

Local offices can amend the state code. Seaside, for one, adopted the state codes “with local amendments.” So the exempt list that counts is the one your office uses.

The City of Monterey tells owners to “Check with the Building and Safety Division before starting any project.” In the unincorporated county, HCD says to “consult with a Department planner to determine setback requirements.” That applies even to work that needs no permit.

Is a paver patio permit any different?

The state item is about height and what sits below. It does not name a material. So a paver patio or a flagstone patio starts from the same question as a poured slab. A stamped concrete patio is a poured slab with a pattern pressed in.

Coverage rules are where the material comes up. Carmel-by-the-Sea counts patios, walkways, driveways, decks and steps as site coverage. Decomposed granite and gravel count too. Most site coverage changes there need Planning approval through a Design Review permit.

Pacific Grove’s planning FAQ says any change to a building’s exterior needs a planning permit. That includes “even changes to paving coverage.” The city wants the planning permit before you apply for a building permit. Its FAQ also says “A building permit is required for almost all projects.”

Seaside’s Building Division defines lot coverage in a permit handout. It is the share of a property allowed to be covered by “structures and impervious material.” Ask the city how a new patio counts toward it.

Can grading for a patio need a permit?

Yes, in unincorporated Monterey County. The county requires a construction permit for grading over 100 cubic yards, with cut and fill counted together. Grading on slopes over 30 percent needs one too, or over 25 percent in North County. Prunedale is in North County.

The same county list names grading a driveway over 50 feet long. A grading permit can also be required when the work affects a drainage course. Slopes steeper than 2 to 1 can call for one, and so can a cut slope higher than five feet.

The county also wants an approved erosion control plan before it issues a building, grading or land clearing permit. Winter brings limits from October 15 to April 15 in water supply watersheds and high erosion hazard areas. There, grading over 100 cubic yards needs the building official’s authorization. On soils that drain more than two inches per hour, permitted work must keep its added runoff on the site.

Do trees near a patio need their own permit?

They can. Monterey County requires a Tree Removal Permit to remove a protected tree or to do major trimming on one. Hazardous trees, or removing three or fewer trees, may be handled administratively.

Carmel-by-the-Sea has its own rule for construction sites. There, any limb or root 2 inches in diameter or larger needs a permit to be removed. A patio base dug near a tree can reach roots that size, so ask the City first.

Can design review apply with no building permit?

Yes, in parts of the county. Monterey County requires Design Approval for projects in its Design Control districts. The county’s list names new structures, additions, decks, fences, exterior color and other exterior changes. The list is not limited to those items, and a patio is not named on it.

So ask a planner whether your patio counts. The county says “projects which do not require a building permit may require Design Approval.”

What does the Coastal Zone add?

The Coastal Act defines development broadly, beyond building construction. In the coastal zone, development “generally may not commence until a coastal development permit has been issued.” The Coastal Commission or the local government issues that permit.

In unincorporated Monterey County, Coastal Planning staff review every Coastal Zone project that needs a building permit. They decide whether a Coastal Permit is required, and the county says most projects get a Coastal Exemption. Ask the planning counter whether your address sits in the Coastal Zone.

What changes the answer for a patio?

A few details take a patio outside the walk and driveway item, or bring in other reviews. Ask about each one at the counter.

• Height. A raised patio more than 30 inches above grade is outside that item. Decks have their own tests on the state list, covered in our deck permit guide.
• What sits below. A patio over a basement or a story below, such as a garage, is outside it too.
• Access. A walk that is part of an accessible route is outside the item.
• A roof. A roof over the patio is a separate structure. The City of Monterey lists patio covers among work that needs a building permit. See our pergola and patio cover permit guide.
• Walls. A sloped patio may need retaining walls to hold the grade. Our retaining wall permit guide explains that permit.
• Gas, power or water. A fire pit or an outdoor kitchen can add gas, electrical or water runs. We coordinate those runs and the permits they need through licensed trade contractors.

What should you do before you build a patio?

Start with the address. Find out whether it sits inside a city or in the unincorporated county, then call that office. Ask about the building permit, grading, trees, design review and the Coastal Zone in one call.

Our crew does the base prep, forming, steel and finishing on the patios we pour. See our concrete patios page for how we build them. For a free estimate, call or text (831) 262-9943.

This guide is general information, not legal advice. Confirm every rule with the office that covers your address.