A construction permit issued by Building Services Department is required to commence construction. A building permit will be issued to:

• A property owner, for work conducted on a single-family residence or duplex residence.
• A licensed contractor.
• A non-resident property owner or a single family or commercial property.

Types of Construction Permits:
There are six (6) common types of construction permits:

1. Building Permit - To construct or modify a building or structure.
2. Electrical Permit - To install or modify electrical system.
3. Mechanical Permit - To install or modify heating, ventilation, refrigeration, air conditioning or other related systems.
4. Plumbing Permit - To install or modify a plumbing system.
5. Combination Building Permit - A combined building, electrical, mechanical and plumbing work permit.
6. Grading Permit - A grading permit is required when the total volume of cut and fill material is 100 cubic yards or more. A grading permit can also be required under other circumstances-e.g., when grading affects a drainage course or creates slopes steeper than two horizontal to one vertical or creates a cut slope higher than five feet. In order obtain a grading permit, an application must be submitted to HCD-Building Services and all appropriate fees paid.

   A grading permit cannot be issued if a determination is made that grading will result in hazards by reason of flood, geological hazard, seismic hazard or unstable soils, or is liable to endanger any other property, result in the deposition of debris on any public way or property or drainage course, or otherwise create a nuisance.

   Drainage and terraces shall be provided in the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Monterey County Code Section 16.08.330

   Click here for more details.

Most major projects that are approved through the discretionary permit process require issuance of a construction permit. A construction permit is required to ensure that minimum safety and occupancy standards are observed.

Construction permits are issued by the Building Services Department. Some permits can be issued directly at the Permit Center Counter. However, in some circumstances or for more complex permit requests, additional time is required to review and approve a permit application.

The cost for obtaining a construction permit is based on the current fee schedule.  Any questions please contact the permit center staff.

Contact a Building Inspector or Permits Center representative for more information

A Certificate of Compliance is a legal document that 1) corrects an illegal subdivision of land and/or 2) that certifies that a parcel(s) is a legal parcel of land. In 1975, the California legislator approved legislation to allow correction of illegal subdivision that occurred prior to April 1975. Illegal subdivisions that occurred after April 1975 must fully comply with current subdivision regulations. (Refer to Subdivision instructions).

Normally, a Certificate of Compliance is issued to verify that a property description or plot plan or parcel map legally refer to a legal parcel of land.

• A Certificate of Compliance to verify that a lot is legal can be obtained by providing:
• A copy of title insurance report providing the legal description of the property
• A plot plan drawn to scale showing the size of the lot and exact location of all existing and proposed buildings
• Documentation to prove that the property was legally divided, such as a tax bill, a grant deed or title search issued by a tile insurance company.

Sometimes a new owner or seller may be unable to complete the transfer of a parcel of land to a second party due to an illegal lot split. A common example of this involves the construction of a second residence on a large parcel of land. The subsequent illegal and improper sale of the second residence to a second party without issuance of building permits and recordation in Assessors Parcel Records would require correction of the illegal subdivision.

Coastal Development Permit
A Coastal Development Permit is a document required by state law to permit construction of certain uses in a designated "Coastal Zone". Coastal Development permits are required to ensure that areas designated as protected coastal land are protected and to ensure that the safety, health and welfare of surrounding neighborhoods and communities are upheld.

Any project in the Coastal Zone, which requires discretionary approval will require a Coastal Permit. Discretionary approvals are those actions which require public review and approval by the Zoning Administrator, Planning Commission or Board of Supervisors and include: variances, use permits, and subdivision applications.

All projects located in a Coastal Zone which require issuance of a building permit require review by the Coastal Planning staff to determine if a Coastal Permit is required. Most development immediately adjacent to coastal waters, canals, inlets, beaches or peninsulas require a Coastal Permit.

Coastal Exemption
If a Coastal Permit is not required a Coastal Exemption is issued. The Coastal Exemption is proof that review and a decision have been rendered by authorized staff. The majority of projects in the Coastal Zone can be approved through issuance of Coastal Exemption. A Coastal Exemption is required much in the same manner as building permit.

Coastal Permit Issuance
If a determination is made to require a full review and issuance of a Coastal Permit, an application may be filed with the Department of Planning and Building Services. An appropriate number of copies of a site plan, floor plans, and elevations must accompany an application. The Department can provide you with brochures or instructions regarding what constitutes a site plan, floor plan and elevations.

After an application has been completed, plans and fees are submitted and the Zoning Administrator or Planning Commission will review the application. A notice of the request will be mailed to owners located within 300 feet of the application site.

A public hearing will be conducted to determine if the application request is compatible with approved Coastal Zone standards and to ensure that the public health, safety and welfare are protected. The application should be prepared to respond to questions raised by the Zoning Administrator or Planning Commission and members of the public may speak in favor of or against the Coastal Permit Application.

If an application is denied, the applicant may appeal the matter to the Board of Supervisors.

If an application is approved, it does not become valid or finally approved until ten days have elapsed. An appeal of an approved application may be filed during this ten-day period.

State Coastal Commission regulations require replacement of low or moderate housing that is removed from a Coastal Zone site through either demolition or conversion. To ensure that affordable housing is not depleted in the Coastal areas, a Coastal Permit will not be issued without compliance review by the County to determine that low or moderate housing has not been removed.

Fees
The fees associated with processing a Coastal Permit are shown on the Land Use Permit Fee Schedule. 

Note: The costs associated with a Coastal Permit that requires greater review and discretionary approval are higher.

History
In 1972, California voters approved the Coastal Conservation Act. This law recognized the public interest in the development and use of coastal areas. When the original plan expired in 1976, new legislation was adopted to require cities and counties to develop local plans for the conservation of coastal resources.

The Local Coastal Plan for the County of Monterey was written in conjunction with a citizen's advisory committee and adopted by the Board of Supervisors as part of the Zoning Ordinance (Chapter 20). Because the County of Monterey's Coastal Plan has been certified by the State of California Coastal Commission, the County is authorized to issue Coastal Permits.

Further information may be obtained by calling (831) 755-5025 between 8:30 AM and 4:30 P.M.

Design Approval is the review and approval of the exterior appearance, location, size, materials and colors of proposed structures, additions, modification and fences located in Design Control area. Design Control areas are those areas of the County which included "D" (design control) "S" (Site Plan Review) or "VS" (Visual Sensitivity) in their zoning as well as all parcels in the Big Sur, Carmel, and Del Monte Forest Coastal Land Use Plans. The purpose of Design Approval is to protect the public viewshed, neighborhood characters, and the visual integrity of development with Design Control Districts.

Design Approvals for simple, non-controversial projects may be approved by Planning staff, while more complex projects will be referred to neighborhood Land Use Advisory Committees and the Zoning Administrator.

Types of projects which require Design Approval if located with a Design Control district include (but are not limited to):

• Construction of any new structure or building

• Addition to any existing building

• Decks

• Construction of any fence

• Change of exterior color

• Any other exterior change, such as change of window, type, size or location.

Note that projects which do not require a building permit may require Design Approval.

Download a Design Approval Application

Ordinance References for Design Approval:
Coastal Zone: Title 20 Section 20.44
Inland Area: Title 21 Section 21.44

Emergency Permits provide a means whereby development normally requiring discretionary approvals may be considered without the normally required public hearing processes to meet an emergency situation.

In order to grant an Emergency Permit the following findings must be made:

1. An emergency situation exists and immediate action is required to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by the emergency.
   
   
2. The establishment, maintenance or operation of the use or structures approved by the Emergency Permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such approved use; or, be detrimental or injurious to property and improvement in the neighborhood; or to the general welfare of the County.
   
   
3. The work authorized by the Emergency Permit is the minimum amount of work required to mitigate the emergency situation.
   
   
4. The work authorized by the Emergency Permit is consistent with the provisions of the Monterey County General Plan and the applicable area plan or the provisions of the Monterey County Local Coastal Program.

Encroachment Permits are processed and issued to the public and/or other agencies for the performance of actions on County roads right-of-way.

Encroachments may include structures, facilities, and objects of any kind placed in, on, under, or over any County highway. Work includes utilities projects that involve excavation or trenching; street improvement projects; and tree trimming, removal, and planting within the County right-of-way.

Encroachment permits also include:

• Special Events and Film/Video permits
• Franchise Agreements and Blanket permits to Public utilities companies
• Construction inspections
• Plan checking on Building permit applications
• Engineering plan review for minor and major subdivision projects involving drainage, new or re-construction of drive approaches, and improvements on County right-of-way
• Any issues that arise within the County right-of-way such as illegal signs, refuse, sediments, erosion, etc., and interface with the general public and other departments and agencies related to these issues.

Click Encroachment Permit General Conditions (Chapter 14.04 Monterey Code of Ordinance) for more information.

Monterey County offers streamlined permit processing for small solar photovoltaic (PV) systems (10kW AC or less) on rooftops of single family or duplex homes in compliance with the Solar Rights Act and AB 2188 (Chapter 521, Statues 2014).  This includes utility interconnected PV systems as well as solar water heaters and solar pool heating systems.

Monterey County’s streamlined permitting process allows for the use of standard electrical plans and structural engineering criteria.  This means that if your project conforms to our approved eligibility criteria and standard plans, no additional documentation is needed to receive your permit.  

To get started, review the eligibility criteria, submittal requirements, standard plans and inspection guide that applies to the type of solar project you would like to pursue.  Please note that the structural engineering criteria provided on this page applies to all small residential solar energy systems, including utility interconnected PV systems, solar water heaters and solar pool heating systems. 

Once you have determined that your solar project meets our criteria for expedited review, please read through our submittal options to proceed.  If your project does not qualify for expedited review, please visit the HCD Permit Center in person at Monterey County Government Administration Building, 1441 Schilling Place, 2^nd Floor - South, Salinas, CA 93901.  For any questions, contact the HCD Permit Center at (831) 755-5025. 

Structural Criteria

Please note that the standard structural criteria apply to all types of expedited solar projects including utility interconnected PV, solar pool heating and solar water heaters.

Structural Criteria

Materials for Expedited PV       

• Eligibility Checklist for Expedited Solar Permits  
• Submittal Requirements for PV
• PV Standard Plan - Central-String Inverter
• PV Standard Plan - Microinverter and ACM
• Inspection Guide for PV Systems 1 and 2 Family Dwellings

Materials for Solar Pool Heating

• Eligibility Checklist for Solar Pool Heating 
• Submittal Requirements for Solar Pool Heating
• Solar Pool Heater Standard Plan
• Solar Pool Heating Inspection Guide
  
  

Materials for Solar Water Heaters

• Eligibility Checklist for Solar Water Heaters 
• Submittal Requirements for Solar Water Heaters
• Solar Water Heater Standard Plan
• Solar Water Heater Inspection Guide
  
  

Submittal Options

1.  Electronic Submittal

• Monterey County Housing and Community Development offers online permitting for expedited solar permits through Monterey County Citizen Access. Instructions and information about electronic submittals can be found on our Online Permit Information Page.

2.  In Person   

• Join the line for the Permit Center from home or schedule an appointment online via QLess Click here to join the line. Walk-in appointments are also available.  
• Small residential rooftop solar PV permits are usually processed over-the-counter or within 1 business day. Please note that submittals brought in by 12 pm can usually be processed the same day.  Submittals brought in after 12 pm will be processed the following business day.
• Permits not qualifying for expedited review will be processed according to our standard plan check timeline of 15 to 20 business days.

Details can be found on the Monterey County Film Commission website below:

https://filmmonterey.org/permit/monterey-county/

How do I get started?
Your first step in planning your event in Monterey County should begin with Monterey County’s Special Event Permit Coordinator. This person serves as part of the Housing and Community Development, the County’s centralized agency for public and private land use and development, including zoning permits, construction permits and traffic permits.  The Housing and Community Development has several regulatory roles related to special events designed to uphold the Building Code and Monterey County ordinances related to land use and encroachment into the public right of way.  The Permit Coordinator serves as a central point of contact to help you understand which permits you need and which agencies you need to contact.

What will the Permit Coordinator do for me?
The Permit Coordinator will assess the scope of your event to determine which permits are required.  The Permit Coordinator will meet with you, in person or over the phone, to collect a number of pieces of important information which will clarify the need for Housing and Community Development (HCD) and partner agency permits. 

How much time do I need to budget?
For events taking place on private property, where a zoning permit may be required, the Permit Coordinator recommends budgeting at least six months.  Construction permit applications must be submitted at least 60 days prior to the event to avoid additional fees.  Late construction permit applications may result in construction delays or event occupancy restrictions.  Processing times for traffic, encroachment, waste management, food and alcohol permits fall within a 45 day range. 

Click here to get started.

Transportation Permits are required for transporting extra legal loads over County roads.  Single trip and annual permits are available through our Encroachments section.  For permits and information, please contact our office at (831) 755-5025 and request a referral to the HCD - Transportation Permit Agent.

A permit is required to remove or significantly trim protected trees.  Up to three trees may be handled administratively and more than that requires a Use Permit/Coastal Development Permit.  A tree assessment (arborist) or forest management plan (forester) is generally required, unless:

1. the tree is clearly dead, or
2. has created an immediate hazard such as leaning on a power line or fallen across an access road.

Reports/Assessments will only be accepted by professionals on the County's approved list Approved Arborist & Forester Consultants.  Companies preparing the report/assessment of trees on a property may not also remove the trees on that property.  The County strongly recommends using only licensed and insured professional tree services for removing trees because of potential hazards and liability to the homeowner.

Click here for the Tree Removal Application.

Fuel Management
While Monterey County encourages proper management of fire loads around homes, trimming trees and vegetation to reduce fire fuel loads may require a permit depending on the area and type of vegetation being impacted.  Some minor trimming of vegetation is allowed without a County permit Basic Fuel Management.  Removing or trimming vegetation along a river or creek requires permits from the County and possibly State or Federal agencies.  Clearing to the bare ground is strongly discouraged and not allowed in most cases due to possible erosion problems that may create.  Erosion from improper removal of vegetation could result in liability to the homeowner. 

In certain cases a biological assessment will be required to assure no protected species (plant or animal) is impacted.  Biological reports/assessments may only be prepared by professionals on the County's approved list Approved Biologist Consultant List.

Oak Woodlands
State law requires protection of oak woodlands. The County has an existing Oak Protection Ordinance and has adopted guidelines to preserve oak woodlands: Monterey County Voluntary Oak Woodland Stewardship Guidelines. 

A use permit is granted to allow a special activity, use or business subject to special conditions designed to protect the public health, welfare and safety of surrounding neighborhoods and the community.

The County of Monterey Zoning Code has established special uses that are permitted in zoning districts.   Conditional use permit applications must be reviewed individually to determine that the proposed use will not cause harm or impacts to residents, the neighborhood, and community or impact the character and orderly growth of a particular area. 

Which types of activities require a Use Permit?
It depends the zoning district in which the proposed project is located. However, some uses require a Use Permit no matter where they are located.  These include Development on Slopes over 30%, Ridgeline Development, Hotels, and Service Stations. 
To determine if your specific project will require a Use Permit please call (831) 755-5025.

How is a Use Permit Granted?
All Use Permit applications are decided at a public hearing by either the Zoning Administrator or the Planning Commission. In order to grant the Use Permit, these decision makers must adopt findings that the proposed use will not adversely affect the health, safety, and welfare of the community.

Ordinance References for Use Permits
Chapter 21.74-Title 21 (Inland Area)
The requirements for Use Permits in the various zoning districts are listed in Title 21 (Inland Areas) 

Note:  Use Permit requirements apply only to the inland areas of the County.  In the Coastal Zone, a Coastal Development Permit is the equivalent of a Use Permit.

A variance is a permit that allows a property owner to construct a structure that does not meet development standards specified in the Zoning Ordinance. Such standards include the distance from property lines and/or road right-of-ways, lot coverage/floor area ratio, or height. A variance may not be granted to change the designated use of a property, only for exceptions to the development standards. The variance process requires a public hearing.

There are three findings that must be made in order to grant a variance, including:

1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
   
   
2. That the Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
   
   
3. The Variance shall not be granted for a use or activity which in not otherwise expressly authorized by the zone regulation governing the parcel of property.

Why is a variance needed?
In the vast majority of cases, meeting zoning ordinance standards does not present a hardship for property owners and a variance is not needed. Occasionally, certain physical features of a lot will make complying with the zoning standards difficult or impossible. The variance process is intended to alleviate hardship in cases such as this. Some examples of lot features that may be grounds for a variance include: extremely small lot size, unbuildable slopes, excessive street frontage, unique lot configuration, the presence of sensitive vegetation or hazardous geologic features.

How is a variance granted?
All variance applications are decided at a public hearing by either the Zoning Administrator or the Planning Commission. In order to grant the variance, these decision makers must be able to adopt the three findings detailed in the sidebar at right. Applicants must provide written evidence demonstrating that these three findings can be made. If there is no substantial evidence to support these findings, the variance application will be denied.

How long does it take to receive a variance?
Once a complete application is submitted, the variance process typically takes eight to ten weeks.

How do I apply for a variance?
Please refer Informational Brochures under Codes & Publication or call (831) 755-5025. You will then be assigned to a project planner who will work with you through the entire process. Your planner will meet with you to answer any questions you may have and provide you with application forms, instructions and fee requirements.

Which laws govern the granting of variances?
Ordinances governing variances can be found in Chapter 21.72 of the Monterey County Zoning Ordinance (Title 21) and Chapter 20.78 of the Monterey County Coastal Implementation Plan, Part One (Title 20). Section 65905-65906.5 of the California Government Code also applies to variances.