Ask the Designer Series: Do I Need a Permit?

Question

I’m preparing to install my deck, pergola, shed, patio, etc. Do I need a permit?

Answer

This is going to depend on several variables including, but not limited to:

• Where you’re located
• What part of the property you’re building on
• Pre-existing site restrictions (i.e. environmentally sensitive areas, septic drainfields, easements, etc)
• Heights of the proposed elements/structure(s)
• If it’s attached or detached from your house
• How much square footage it takes up & how much square footage is being removed
• What other elements are included in the project

*Please note that the information in this article is for educational purposes only and is not meant to be a substitute for your own research pertaining to local jurisdiction codes to determine your specific need & requirements for a permit(s).*

Location

Each city and county has its own planning department and it’s important to know which jurisdiction your property falls under and which zone you’re located within that so you can correctly identify your setbacks, lot coverage, and impervious surface area restrictions (if any). Some cities have a robust planning department and may be more restrictive or particular about what you can and can’t do while others may be the opposite. If you fall under a county’s jurisdiction, you may find this to be a bit of a middle ground as these tend to have fully fledged codes & systems in place but there may not be as many intensive restrictions.

Common Thresholds/Permit Exemptions

Most cities & counties have thresholds for common elements you’d find in a back or front yard. If you stay under these thresholds and also meet all other code requirements, then they don’t typically require a permit for that specific element.

• Fences 6 feet tall and under
• One-Story Sheds that are 100-200 square feet and under (sf is variable)
• Decks that are 18-30 inches tall and under (height is variable)
• Retaining walls 4 feet tall and under
• On ground (on grade) patios
• Freestanding and uncovered and open-sided arbors/trellises

Situations That Always Require Permits

There are certain situations that all jurisdictions will require some type of permit for. The main ones are large land disturbing activities, tree removals, decks that are 30-36” tall, environmentally sensitive areas, right-of-way work, and pools/spas.

• Large Projects (Clearing & Grading) – The threshold for what “large” is depends on your jurisdiction. For some this starts around 500 square feet and others it doesn’t start until 2000 square feet. These larger land disturbing activities typically require a clearing & grading permit or land disturbing activity permit which may also trigger the need for other specialists to be brought on to the project to assess and determine proper storm water and drainage control measures.
• Tree removals are sometimes grouped in with clearing & grading permits, especially if you are clearing a large area, but most jurisdictions have separate tree removal permits if that is all you need to do. In general, don’t remove a tree on your property until you’ve talked with an arborist and a planner about permitting (there are exceptions if a tree is dead or an imminent threat to property/people).
• Work near environmentally sensitive areas such as shorelines, wetlands, steep slopes, native growth areas, etc and their associated buffers will require a permit to make sure those sensitive areas aren’t being disturbed and no ecological function is lost. If these critical areas aren’t defined on your property yet, you may need to get a critical area report completed in order to determine the type of each area and how far away you have to keep buildings and other structures before you can proceed with permitting.
• Any work that occurs between the front property line and the street will almost always require a Right-of-Way permit. This may or may not go through a separate department of transportation office so it’s worth checking in with your planning office to make sure you’re applying in the right place.
• Decks taller than 30-36” tall will require permitting so the planning department can see the structural layout of all footings, beams, joists, railings, etc.
• Pools/spas require technical drawings, calculations, and sometimes engineering. They will always require permitting due to to the complex nature & safety requirements of these types of projects.

Size of Project

If you have a large project where you’re removing a large amount of existing hardscaping and plant material and replacing it with new patios, paths, a covered structure, new deck, front entry, lawn, plants, etc, the planning department will look at how much square footage is being removed, replaced, and being newly added plus how that affects neighboring properties and the existing storm water system. These new + replaced hard surface calculations can trigger the need for permitting in some jurisdictions. Knowing your hard surface or impervious surface limits is key so you don’t accidentally go over and then have to backtrack and reduce patio sizes or path widths to get through permitting.

Permitting Costs & Timing

The cost and timing for a permit differs wildly from place to place. One county may charge a flat $500 while another charges per hour and the fees can easily climb into the thousands. The complexity of your project (i.e. replacing a deck vs a complete backyard remodel) also plays a factor in both the time it takes to review and how much the end cost will be. If you only go through a single review cycle and then get your permit a month later, your fee is likely to be lower than if you received one or more rounds of comments that required changes and more review time before receiving the permit several months later. Not only is it crucial to plan for design time of your future outdoor space but also for permitting time (if necessary) as some permits can take upwards of a year or more to obtain before construction can begin.

Making Permitting Smoother

If permitting is on your horizon, there are things you can do to make the process go smoother.

• Do your research. Not only about your property but about what types of permits you may need and what types of forms, documents, and plans you might need. One permit may trigger the need for a secondary permit which may trigger the need for a specific type of plan. The more you can find out up front, the less surprises you’ll have.
• Make sure you have all the necessary documents up front, ready to go, and follow your jurisdiction’s permitting checklists. Commonly required documents include: site plans, structural plans, and stormwater & drainage plans. If you’re doing work near an environmentally sensitive area, you may also need a critical areas report and a geotechnical report to accompany your site plans. Many cities and counties have permitting checklists that outline exactly which documents you need to submit with your initial permit application. Following the checklist(s) will set you up for success.
• Hire a professional – In some cases, homeowners can handle permitting on their own for single items or small projects. For complex designs involving multiple elements, potential critical areas, or for larger projects, hiring your designer will make the process go as efficiently as possible. Your landscape architect or designer knows the ins and outs of your design and has likely already gone through permitting in your jurisdiction. While no 2 permits are the same, having someone knowledgeable about all the different procedures and requirements is invaluable when navigating the often-complicated permitting process. If you need any structural or detailed construction drawings for permit submittal, they can also typically provide these items.

Big Picture

To boil it all down, the bigger and/or more complex a project gets, the likelihood of needing a permit increases. Staying within your property’s setbacks and other site restrictions (impervious surface, lot coverage, clearing & grading thresholds, etc) will also reduce, but not completely eliminate, the need for some permits. There will always be exceptions and differing rules so it’s very important to make sure you do your own research and ask questions to get clarification. Whether you are DIYing the work or hiring a contractor, it is your responsibility, as the homeowner, to ensure that the right permits are pulled before any construction starts.

~Colleen Hanzen