A grading permit authorizes the excavation, filling, and recontouring of land. It is separate from the building permit and governs the earthwork phase of construction. Whether your project needs a grading permit depends on the volume of soil being moved, the area of disturbance, the slope steepness, and the jurisdiction-specific thresholds. These thresholds vary significantly between jurisdictions.

Common Threshold Factors

Grading ordinances typically use one or more of these factors to determine whether a permit is required:

  • Volume of material — the total cubic yards of cut and fill. Thresholds range from 50 CY (very restrictive) to 5,000 CY (relatively permissive).
  • Depth of excavation or fill — any cut or fill deeper than a specified depth (typically 3 to 5 feet) requires a permit regardless of volume.
  • Area of disturbance — the total area of ground disturbed by grading. Thresholds range from 500 SF to 1 acre.
  • Slope steepness — grading on slopes steeper than a specified ratio (typically 3:1 or steeper) triggers a permit even if the volume is below the standard threshold.
  • Proximity to waterways or wetlands — grading within setback distances of creeks, rivers, or wetlands may require a permit regardless of volume.

Example Thresholds

JurisdictionPermit Required When
IBC/CBC (baseline)Over 50 CY or cut/fill depth over 5 feet
Oakland, CAOver 50 CY, or any grading on slope steeper than 20%
Walnut Creek, CAOver 50 CY, or disturbance over 10,000 SF
San Jose, CAOver 100 CY, or cut/fill depth over 5 feet
Portland, OROver 50 CY, or disturbance over 500 SF on slopes over 25%
Honolulu, HIOver 50 CY, or any grading in a flood zone or SMA area

These are simplified summaries. Each jurisdiction's grading ordinance has specific exemptions and additional requirements. Always check the current grading ordinance for the specific jurisdiction.

What a Grading Permit Requires

The grading permit application typically requires:

  • Grading plan — prepared by a licensed civil engineer, showing existing and proposed contours, cut and fill depths, earthwork volumes, slope ratios, retaining walls, drainage, and erosion control measures.
  • Geotechnical report — prepared by a licensed geotechnical engineer, providing recommendations for site preparation, compaction, slope stability, and foundation support.
  • Stormwater control plan or SWPPP — required if the grading triggers stormwater regulations (typically 1 acre or more of disturbance).
  • Erosion and sediment control plan — showing temporary BMPs for the construction phase.
  • Soils and geology report — for hillside sites, may require a separate engineering geology report in addition to the geotechnical report.
  • Environmental clearance — CEQA compliance documentation (exemption, ND, MND, or EIR).

Exemptions

Most grading ordinances exempt certain activities from the permit requirement:

  • Landscape grading that does not exceed 50 CY and does not alter drainage patterns
  • Cemetery graves
  • Agricultural operations (in some jurisdictions)
  • Emergency grading to protect life or property (with a retroactive permit required within a specified period)
  • Grading authorized by a separate permit (such as a building permit that includes minor grading for the building pad)
Important: Even if the grading is exempt from a grading permit, it is not exempt from stormwater regulations, erosion control requirements, or the Construction General Permit (if the disturbance exceeds 1 acre). The grading permit exemption only exempts you from the local grading permit — not from state or federal environmental regulations.

The Grading Permit vs. the Building Permit

On most development projects, the grading permit is issued before the building permit. The sequence is:

  1. Grading permit — authorizes site preparation: mass grading, utility trenching, retaining wall construction, and site stabilization.
  2. Building permit — authorizes building construction: foundations, structure, and building systems.

Some jurisdictions issue a combined grading and building permit. Others require the grading to be substantially complete (and inspected) before the building permit is issued. Check with the building department for the specific sequencing requirement.

Applying for the grading permit early — as soon as the improvement plans and grading plans are approved — is critical for schedule. Grading permit review takes 4 to 12 weeks in most jurisdictions, and the permit must be in hand before the contractor can mobilize to the site.