The category of required permit (I-II-III or IV) depends on the type of work proposed and where it is taking place in relation to the centerline of the creek. Public notice may also be required for Category III and IV Creek Protection Permits.
- Category 1: Interior construction and alterations including remodeling.
- Category 2: Exterior work that does not include earthwork and is located more than 100 feet from the centerline of the Creek.
- Category 3: Exterior work that is located between 20 feet from the top of the Creek bank and 100 feet from the centerline of the Creek; or Exterior work that includes earthwork involving more than three (3) cubic yards of material, beyond 20 feet from the top of the Creek bank.
- Category 4: Exterior work conducted from the centerline of the Creek to within 20 feet from the top of the Creek bank.
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. For detailed information about creeks and their defining features, please visit our Creek Definition webpage.
What May Be Required to Approve a Creek Protection Permit?
The following are typical conditions of permit approval that help projects meet the intent and criteria in the Creek Protection Ordinance. (This list is not inclusive and other conditions may be imposed.)
The applicant may be required to:
- Plant and maintain native riparian vegetation for landscaping along creek areas (plant lists are available 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
- 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 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 Hydrology Report May be Required
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 may include, but is not limited to the following elements:
- Flows and water surface levels
- Address how future development in the area (unrelated to the proposed work) may impact flows
- Creek bank stability, before and after the project
- Impact of proposed work with regard to direction, as well as quantity of flow in the Creek
- Upstream and downstream conditions, before and after project construction
- Location of major drainage facilities (e.g. trash racks, culverts, discharge points, etc.)
- Profiles of the stream
- Cross sections
- Proposed improvements to the Creek; including any vegetative or other natural screening enhancements utilized
- Impacts of proposed project on existing vegetation or wildlife within the affected riparian corridor
- 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
- Any additional information deemed reasonable by the Director of Building Services
What Is Typically Not Allowed?
Projects and activities that would generally not meet the criteria in the ordinance:
- removal of riparian vegetation zones (even if in a fire area, fire abatement guidelines are available at the building and engineering services counter)
- culverting or undergrounding of the creek
- changing or moving the location of the creek
- structures spanning the creek (such as bridge, house, garage, or deck)
- structures in or on the creek bank
- 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 tree canopies over creeks
- grading of creek banks
- filling, pile driving, or deposition of any new material to creek bank or bed
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).