Santa Clara County, CA Environmental Rules: Erosion Control (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.
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)
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?
Does this grading rule apply in San Jose or Palo Alto?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California environmental rules overview
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