San Jose, CA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- Any excavation or fill
- Small-project relief
- Notice of exemption available
- Application must include
- Soil + geology reports
- Engineering grading threshold
- 5,000 cubic yards
- Unspecified-term permit lasts
- Six months
Summary
San Jose requires a grading permit or a director-approved notice of exemption before any excavation or fill work, per Municipal Code § 17.04.310 and § 17.04.340, administered by the Department of Public Works.
A. Permits required. No person shall do any grading without first obtaining a grading permit or a notice of exemption pursuant to Section 17.04.310 from the director. A separate permit shall be required for each site and may cover both excavations and fills.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Anyone doing grading in San Jose, excavation, fill, or both, must first get a grading permit from the Director of Public Works or a notice of exemption under § 17.04.310. The application must include plans, specifications, and (unless waived by the director) a soil engineering and engineering geology report under § 17.04.340(C)-(F). The director checks the application against the Municipal Code and other applicable laws, and must approve or deny it in writing within forty days. Projects moving more than 5,000 cubic yards count as "engineering grading" and face closer geologic review; small jobs, cuts under two feet, fills under three feet, total earthwork under 150 cubic yards, may qualify for the exemption instead, unless the site sits in a special geologic hazard area.
Violations & Fines
The director can suspend or revoke a grading permit for work done in error, based on false information, or that creates a hazard, under § 17.04.340(O). Grading without a permit or exemption is a code violation enforceable under Chapter 1.08.
Frequently Asked Questions
Do I need a permit for a small grading job in San Jose?
What has to be submitted with a San Jose grading permit application?
Can San Jose revoke a grading permit after it's issued?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California environmental rules overview
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Erosion Control in Nearby Cities
How other cities in Santa Clara County handle erosion control.