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Santa Clara County, CA Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
Cut/fill over 150 cubic yards
Depth trigger
Over 5 feet at deepest point
Max criminal fine
$1,000 plus 6 months jail
Applies in
Unincorporated Santa Clara County only
Administered by
Grading Official

Summary

Grading or drainage alteration on unincorporated Santa Clara County land needs a county Grading Permit once cuts or fills exceed 150 cubic yards or five feet in depth, under the Grading and Drainage Ordinance.

City-specific rules exist: Sunnyvale, Santa Clara, Mountain View, and San Jose have their own erosion control rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

No person shall do any grading that results in a hazardous condition, public nuisance or endangers adjacent property. No person shall do any grading, or cause or allow the same to be done, on any real property, without obtaining a Grading Permit for the following:

(a)Cuts or fills, which each independently are greater than 150 cubic yards; or(b)Cut or fill that is greater than five feet in vertical depth at its deepest point when measured from the natural ground surface; or(c)Work that alters, diverts, or impairs the flow of water in the watercourse. The volume and height specified in this section are cumulative and not annual amounts.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-1203.126, § 1, 8-14-18)

Source: California Building Code Appendix JView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

The Santa Clara County Grading and Drainage Ordinance requires a Grading Permit for any cut or fill exceeding 150 cubic yards, any cut or fill deeper than five feet at its deepest point, or work that alters or diverts a watercourse, on unincorporated land. A separate Drainage Permit is required for work that adds impervious area, alters drainage patterns, or affects a floodplain or floodway, unless a listed exemption applies (agriculture, government work, small building-permit-related grading, and others). The Grading Official administers permits; violations are declared a hazard and public nuisance. This ordinance covers only unincorporated county land: it does not reach parcels inside San Jose, Palo Alto, or the county's other thirteen incorporated cities.

Violations & Fines

Unpermitted grading is a misdemeanor punishable by up to $1,000 and six months in jail, plus violation investigation, coordination, and abatement fees set by Board resolution (Sec. C12-534, C12-532).

Frequently Asked Questions

How much grading can I do without a permit in unincorporated Santa Clara County?
Up to 150 cubic yards of cut or fill and no more than five feet of vertical depth, provided it doesn't alter a watercourse or create a hazard.
Does this grading rule apply in San Jose or Palo Alto?
No. It only governs unincorporated county land; incorporated cities like San Jose and Palo Alto administer their own grading permits.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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