Milpitas, CA Building Safety: Green Building Code (2026)
Key Facts
- Residential ≥5 units threshold
- 50 Green Points or LEED for Homes Certified
- Nonresidential 25,000-49,999 sf
- LEED Certified required
- Nonresidential/city ≥50,000 sf
- LEED Silver required
- Exempt
- Historic buildings; remodels adding ≤5 units
- Priority review threshold
- 75 Green Points or LEED Gold+
- Effective date
- January 1, 2014
Summary
Milpitas adopted the 2025 Green Building Standards Code and layers its own compliance thresholds on top: new residential projects of five or more units must earn 50 Green Points or LEED for Homes Certified, and larger commercial or city projects must hit LEED Certified or LEED Silver before a building permit clears.
The 2025 Green Building Standards Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. ... New Construction: ≥ five units Build it Green or LEED for Homes 50 Green Points (Build it Green) or LEED for Homes Certified Yes ... New Construction or renovations*: ≥ 50,000 s.f. LEED LEED Silver Yes
Full Breakdown
The City of Milpitas incorporated the 2025 Green Building Standards Code from Title 24, Part 11 of the California Code of Regulations by reference under Chapter 19, then layered its own local thresholds in Chapter 20. Table 3.01-1 sets the bar by project type: residential new construction of five or more units needs 50 Green Points under the Build It Green system or LEED for Homes Certified; nonresidential new construction between 25,000 and 49,999 square feet needs LEED Certified; nonresidential projects of 50,000 square feet or more, and any city building over 25,000 square feet, need LEED Silver.
Mixed-use projects apply both scales to their respective components. Two categories are exempted outright: buildings designated a local Cultural Resource or listed on a state or national historic register, and residential remodels that add five or fewer new dwelling units. The Building Official, acting as Compliance Official, reviews checklists submitted with planning entitlements and again before building permit issuance, and again before final inspection. Projects that fall short can still pass on a good faith effort finding if costs are disproportionate, required materials are unavailable, or at least 80 percent of green points were achieved with a plan to finish within a year.
A hardship or infeasibility exemption is available through the City Manager. Meeting a higher bar earns a reward: residential projects hitting 75 Green Points, and commercial projects hitting LEED Gold or above, qualify for Priority Plan Review with plan check turned around in half the normal time. The ordinance took effect January 1, 2014.
Violations & Fines
A project that cannot show compliance or an approved good faith effort is deemed non-compliant, and the Compliance Official withholds final building inspection and occupancy approval until equivalent alternate measures are implemented or an exemption is granted. If ongoing construction threatens the project's ability to meet its compliance threshold, the City can issue a full stop work order that remains in effect until compliance is assured. Denials of exemptions or compliance determinations may be appealed to the City Council under the appeals procedure in Title I, Section 5 of the Milpitas Municipal Code.
Frequently Asked Questions
What green building rating does a new Milpitas apartment building need?
Is my home remodel exempt from Milpitas's green building rules?
What happens if a project can't meet the green building threshold?
Can I appeal a green building compliance decision?
Sources & Official References
Other rules in Milpitas
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