Creek Protection Permit Application and Information

All applicants proposing work on a creekside property must obtain a Creek Protection Permit prior to performing construction or other work. Creekside property, as defined in Oakland’s Creek Protection Ordinance, means those properties located in Oakland as having a creek or riparian corridor crossing the property and/or are contiguous to a creek or riparian corridor. For more information, see the Guide to Oakland's Creek Protection Ordinance and view the Creek Protection section of the City's Municipal Code which may be found under OMC 13.16. Read below for more information on how to apply.

Category 1: Interior construction and alterations including remodeling.

Category 2: Any exterior development or work that does not include earthwork and is located more than 100 feet from the centerline of the creek.

Category 3: Any exterior development or work that may adversely impact the creek and is located between 20 feet from the top of bank of the creek and 100 feet from the centerline of the creek, and that may or may not require any other development related permit. Additionally, any work or development that includes earthwork involving more than three (3) cubic yards of material, beyond 20 feet from the top of the creek bank.

Category 4: Any exterior development or work that is conducted from the center line of the creek to the twenty (20) foot setback from the top of bank of the creek, that may or may not require any other development related permits including without limitation: earthwork, landscape walls, fences, patios, decks, private drainage improvements, irrigation systems, or trenching work.

The applicant may be required to:

• Plant and maintain native riparian vegetation for landscaping along creek areas (plant lists are available here and at the Building Services counter)
• Use soil bioengineering techniques for bank stabilization and to control erosion, such as brush layering, cuttings, staking and fascines
• Implement stormwater quality protection measures such biofiltration, porous pavement, modular pavers and permeable surfaces, installation of vegetation and vegetated swales, biofiltering, infiltrative landscaping, and other on-site stormwater treatments
• Implement appropriate drainage controls to prevent concentration of water and velocity, such as dissipation and infiltration
• Implement appropriate construction controls such as locating stockpile away from the creek, installing temporary erosion control (see tip sheet)
• Comply with seasonal limits on grading, grubbing or pier drilling
• Install vegetation and tree protection measures during construction such as fencing
• Comply with limits on pesticide (more info) and fertilizer use and, in a very few cases actual design changes will be necessary when proposed structures are too close to the creek and riparian corridor

A Creek Protection Plan may include but is not limited to the following elements:

1. Property identification (Address, APN, map)
2. Name of the property owner
3. Name of the general contractor*
4. Name of subcontractors*
5. Telephone numbers of primary contact people
6. List of informational material related to creek protection, provided to workers on site
7. Litter prevention measures
8. Dust control measures
9. Methods of cleaning tools and equipment
10. Construction site fencing
11. Erosion control protection
12. Future and ongoing siltation and erosion control
13. Wet weather protection
14. Stockpile locations
15. Special circumstances/additional information
16. Emergency preparations for construction related spills

The Creek Protection Plan may be prepared by the owner of the property, an architect, engineer or contractor and will obligate the applicant to implement the approved provisions of the plan.

For more information, please visit our Creek Care & Stormwater Protection webpage.

A Hydrology Report (see page 3 of the Creek Protection Permit application), required for a Category 4 permit, must be prepared by a licensed engineer with creek hydrology expertise. Review and approval by the City is required prior to issuance of a Creek Protection Permit. A hydrology report must include, but is not limited to the following elements:

1. Property identification
2. Name of the property owner
3. California Department of Fish and Game approval, if appropriate
4. Alameda County Flood Control and Water Conservation District approval, if appropriate
5. 5, 10, 25, and 100 year flows and water surface levels
6. How future development in the area (unrelated to the proposed work) may impact flows
7. Creek bank stability, before and after the project
8. Impact of proposed work on direction, as well as quantity of flow in the creek
9. Upstream and downstream conditions, before and after project construction
10. Location of major drainage facilities (e.g. trash racks, culverts, discharge points, etc.)
11. Profile of stream bed across the property and upstream and downstream 100 feet in each direction
12. Cross sections at 50 foot intervals (or as determined to be necessary by the Chief of Building Services)
13. Proposed improvements to the creek, including any vegetative or other natural screening enhancements utilized
14. Impacts of proposed project on existing vegetation or wildlife within the affected riparian corridor and
15. Special circumstances/additional information

As needed, include the required permits or approvals from regulatory agencies such as the California Department of Fish and Game, Army Corps of Engineers, and the State Regional Water Quality Control Board

Projects and activities that would generally not meet the criteria in the ordinance:

• culverting or undergrounding of the creek
• moving the creek location
• grading of creek banks
• structures spanning the creek (such as bridge, house, garage, or deck)
• structures in or on the creek bank
• filling, pile driving, or deposition of any new material to creek bank or bed
• draining into the creek without controls for velocity (speed and energy) and pollution
• agriculture activities on creek banks or in creek beds
• rip rap, rock gabion or concrete in the creek or on the creek bank
• check dams in the creek
• alteration of the creek flow direction, velocity, turbidity or chemical makeup
• creation of ponds
• introduction of non-native vegetation or wildlife
• removal of riparian vegetation zones (even if in a fire area, fire abatement guidelines are available at the building and engineering services counter)
• removal of tree canopies over creeks

Note: In order for the City to approve any of the above activities, the applicant must demonstrate, to the City's satisfaction that (1) the application of the Creek Protection Ordinance to a specific project would create an unconstitutional "taking" of property without just compensation (e.g., there are no feasible alternatives to the activity and without the activity the applicant will be deprived of economically viable use of their property) and that the activity, if permitted, would be carried out only to the extent necessary to avoid a "taking"; or (2) that the activity will result in restoration or improvement to creek water quality, hydrology and/or riparian habitat; or (3) denial of the permit would continue or exacerbate a threat to property and/or the public's health or safety (i.e., the work is necessary to protect drainage facilities, prevent or repair erosion/landslides and there are no feasible alternatives to the work).

Creek Protection Permits are handled by the Planning & Building Department's Zoning staff, who act as liaisons as needed with Oakland Public Works' Watershed Division.

APPLY ONLINE:

Ready to get started? First, make sure you are registered and activated at our Online Permit Center. For instructions, please visit our Planning & Building Video Tutorials webpage.

• To determine if a property is a creekside property, review and complete the Creek Determination Application Form
• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Creek Protection Permit Application
  

WHAT'S NEXT?

Once we receive your application and have created it in our system, we will review your plans. If we need further information, we will contact you. For the latest processing estimates, please see our Average Permit Processing Turnaround Times webpage.

Determination of whether there is a creek (identification of a creek, or headwaters) is made by the Environmental Services Manager and can be appealed to the City Planning Commission with an appeal fee.

Decisions on the Creek Protection Permit are made by the Director of Building Services and can be appealed to the City Planning Commission with an appeal fee.

Both appeals must be made within ten (10) calendar days of the contested decision, be in writing, state specifically wherein it is claimed that there was an error or abuse of discretion, or where the decision was not supported by substantial evidence before the City, and be accompanied by the appropriate appeal fee. If you challenge a City determination in court, you may be limited to issues raised in your appeal form (and attachments).

Click here to download the appeal form the City of Oakland, Planning & Building Department,.