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Marin County, CA Building Safety: Anti-Mansionization (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Development Code § 22.30.060
Base FAR cap
30 percent (0.30) of lot area
Steep-slope new build cap
Lesser of 7,000 sq ft or FAR
Substantial remodel trigger
25%+ addition to floor area
Adjusted FAR counts
Garages, ADUs, convertible spaces
Adopted
Ord. No. 3577, 2012

Summary

In the Tamalpais Community Plan Area of unincorporated Marin, Development Code Section 22.30.060 caps the maximum adjusted Floor Area Ratio at 30 percent of lot area for new homes on vacant lots and for "substantial remodels" (additions of 25 percent or more) on steep or undersized lots. New construction on a vacant lot with 25-percent-plus average slope needing Design Review is capped at the lesser of 7,000 square feet or that FAR figure.

These county ordinances apply to unincorporated areas of Marin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

For lots within the Tamalpais Community Plan Area, the following maximum adjusted Floor Area Ratio standards shall apply to: (1) new residential construction proposed on vacant lots; (2) substantial remodels proposed on properties with a slope of 25% or greater; or (3) substantial remodels proposed on properties that do not comply with the minimum lot area requirements. For purposes of this section, substantial additions to an existing structure are additions that add 25% or more of floor area to an existing structure. A.Maximum adjusted Floor Area Ratio standards. Maximum adjusted Floor Area Ratio shall not exceed 30 percent (0.30) of lot area, unless modified through discretionary review pursuant to floor area guidelines contained in Appendix B of the Tamalpais Community Plan. B.Maximum adjusted floor area permitted. For development of a new residence proposed on a vacant lot that: (1) exceeds a 25% average slope; and (2) requires Design Review, the maximum adjusted floor area permitted shall be limited to the lesser of 7,000 square feet or the adjusted floor area ratio as shown in Appendix B of the Tamalpais Area Community Plan.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

060 targets exactly the kind of oversized rebuild that drives mansionization complaints: it applies to new residential construction on a vacant lot, to a "substantial remodel" on a property with a 25 percent or greater average slope, and to a substantial remodel on a lot that does not meet the minimum lot area requirement, where "substantial" means an addition of 25 percent or more of existing floor area. 30) maximum adjusted FAR is a hard ceiling unless a property owner obtains discretionary review under the floor area guidelines in Appendix B of the Tamalpais Community Plan.

5-foot ceiling, accessory dwelling units, the combined total of detached accessory structures of 120 square feet or more (excluding garages), window boxes or bays under 18 inches above the finished floor or projecting more than 3 feet, garage space over 400 square feet on lots of 6,000 square feet or less, garage space over 480 square feet on larger lots, and covered porches or entryways that could later be enclosed. For a brand-new house on a vacant lot exceeding 25 percent average slope, the Code imposes an absolute backstop: the maximum adjusted floor area is whichever is smaller of 7,000 square feet or the FAR-based number, no matter how large the parcel is. The standard was adopted by Ord. No. 3577 (2012) and amended by Ord. No. 42 is the gate through which any deviation must pass.

Violations & Fines

Exceeding the adjusted FAR cap without Design Review approval is enforced the same as any Development Code violation under Chapter 22.122: the Community Development Agency can issue a Stop Work Order, and continuing construction after that order is a misdemeanor. Section 22.122.050 lets the County pursue civil injunctions, administrative or misdemeanor citations, and penalties of up to $2,500 per violation per day, and it can withhold future building permits on the property until the oversized structure is corrected or approved.

Frequently Asked Questions

What counts as a "substantial remodel" under Marin's Tamalpais FAR limit?
Any addition that adds 25 percent or more of floor area to an existing structure, if the property also has a 25-percent-plus average slope or does not meet the minimum lot area requirement. That trigger pulls the project into the Section 22.30.060 adjusted FAR cap.
Does my garage count against the Tamalpais floor area cap?
Yes, above a threshold. Garage space over 400 square feet on a lot of 6,000 square feet or less, or over 480 square feet on a larger lot, is added into the adjusted floor area total that gets measured against the 30 percent FAR cap.
Can I build over the 30 percent FAR cap in the Tamalpais area?
Only through discretionary review under the floor area guidelines in Appendix B of the Tamalpais Community Plan. Absent that approval, Section 22.30.060 holds the adjusted floor area at 30 percent of lot area.
What's the absolute size limit for a new house on a steep, vacant Tamalpais lot?
The lesser of 7,000 square feet or the FAR-calculated figure, whichever is smaller, applies once the lot's average slope exceeds 25 percent and the project requires Design Review under Section 22.30.060.B.

Sources & Official References

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