Unincorporated Santa Clara County, California requires a building permit for most construction, alterations and occupancy changes, issued by the county Department of Planning and Development1. County zoning controls allowed uses on unincorporated land only; a parcel inside a city follows that city's building and zoning rules23. Septic permits come separately from the county Department of Environmental Health where public sewer is unavailable4.
At a glance
- Building permit
- Required before construction or occupancy changes, with limited exemptions for small projects1
- Zoning
- Yes; the county's own General Plan, Ordinance Code and Zoning Ordinance govern unincorporated land52
- Septic permit
- Environmental Health clearance before the building permit; OWTS construction permit issued with it6
- Owner-builder exemption
- Exempts a qualifying owner-builder from contractor licensing, not permits, code compliance or inspections7
- RV, camper or trailer as housing
- Ordinarily prohibited as housing; temporary occupancy may be approved while a dwelling is under construction89
- Setbacks
- Base and combining districts both matter; accessory structures and setback exceptions have separate rules1011
- Movable tiny home ADU
- At least 100 sq ft of enclosed space for a movable tiny-home ADU; this is not a minimum for every dwelling12
- Agricultural building exemption
- Conditional for qualifying farm buildings under 10,000 sq ft on a single parcel of at least 10 acres outside a FEMA Special Flood Hazard Area13
Who to call
Building permits
Santa Clara County Department of Planning and Development - Building
Issues building permits for construction, alteration, repair and occupancy changes in unincorporated Santa Clara County, and runs the Planning Services zoning review that a building permit application must clear first
70 West Hedding Street, East Wing, 7th Floor, San Jose, CA 95110
Septic permits
Santa Clara County Department of Environmental Health
Issues onsite wastewater treatment system (septic) permits for new construction and repairs, and inspects installation, in Santa Clara County
Contact details are copied from each office’s official page and were checked against it on October 11, 2026.
Off-grid gear
Going off-grid in Santa Clara County means bringing your own water and power. The kit we’d start with:
- Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
- Power Bluetti Solar generators and home battery backup for living off the grid.
- Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
- Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.
These are affiliate links — we may earn a commission, at no cost to you. As an Amazon Associate, Bolthole Index earns from qualifying purchases.
Do you need a building permit in unincorporated Santa Clara County, California?
Yes: a building permit is required before you construct, enlarge, alter, move, replace, repair, improve, convert, demolish or change the occupancy of a building or structure in unincorporated Santa Clara County1. A short list of small projects is exempt -- a one-story detached accessory structure up to 120 square feet, a fence up to 7 feet high, and a retaining wall up to 4 feet high measured from the footing -- but any retaining wall that supports a surcharge like a road, structure or hillside needs a permit regardless of height14. All work performed under a county building or development permit must be inspected and approved, and it cannot be covered before a County Building Inspector approves it15. An inspection must be approved within 12 months of permit issuance or a new permit is required; after an approved inspection, a 6-month gap without another approval requires a Permit to Complete16. The county enforces the 2025 California building codes and the 2024 International Property Maintenance Code, with local amendments17. A conditional exemption covers qualifying agricultural buildings under 10,000 square feet on a single parcel of at least 10 acres outside a FEMA Special Flood Hazard Area; it does not exempt grading, electrical or plumbing permits, and the application requires prior septic clearance from Environmental Health13.
Who is the Santa Clara County building department, and how do you reach them?
Santa Clara County's Department of Planning and Development handles building permits for unincorporated land from 70 West Hedding Street, East Wing, 7th Floor, San Jose, CA 95110, at (408) 299-5700181. Confirm jurisdiction and zoning before applying; a planning application may be required first19. Municipal building-permit requirements are separate in Mountain View20, Milpitas21, Gilroy22, Campbell23, Town of Los Altos Hills24. Santa Clara County Department of Environmental Health separately handles OWTS permits where sewer is unavailable4. Gilroy requires written Health Officer approval before issuing a building permit for a building without public sewer22. Apply through the county Public Permit Portal; normal processing takes 4–6 weeks, depending on workload and complexity19. Fees depend on project size, type and valuation; plan-check and PO-review fees are due at submission, with remaining building-permit and applicable inspection, encroachment, geologic-review and septic-system fees due before issuance25.
Does unincorporated Santa Clara County have zoning?
Unincorporated Santa Clara County follows the county General Plan, Ordinance Code and Zoning Ordinance; Property Explorer identifies parcel jurisdiction, zoning and site constraints226. Base setbacks are 25 feet front/rear and 5 feet side in R1/R1E/R2/A1, and 30 feet on all sides in A/AR/HS/RR, subject to exceptions10. Combining districts can change setbacks, and accessory structures have separate standards11. Building lot coverage is capped at 50% in R3; the -n3 Stanford Upper San Juan district caps single-family coverage at 20% and two-family/multifamily coverage at 35%, with qualifying ADU exemptions27. The -cv Coyote Valley district caps coverage at 7,500 square feet per legal lot, exempting qualifying ADUs and agricultural uses ancillary to onsite agriculture27. Municipal zoning applies inside San Jose28, Sunnyvale29, Mountain View30, Milpitas31, Gilroy32, Morgan Hill33, Campbell34, Town of Los Gatos35, Los Altos36, Town of Los Altos Hills37. Santa Clara County Environmental Health remains the OWTS authority where sewer is unavailable, including Los Gatos and Los Altos Hills43839.
How do septic (OWTS) permits work in Santa Clara County?
Septic systems in Santa Clara County -- called onsite wastewater treatment systems, or OWTS -- are permitted by the County Department of Environmental Health, which issues permits for new systems and repairs and inspects installation404. An occupied building must connect to an approved available sanitary sewer when the property abuts a street or alley containing one or the property line is within 300 feet41. Where sewer is unavailable, an occupied building must have a water-flush toilet connected to an approved OWTS; a conventional system requires approved plans, site testing, a septic tank and dual subsurface dispersal fields42. Cesspools are prohibited in Santa Clara County43. For new development, Environmental Health clearance comes before building-permit issuance; the OWTS construction permit is issued with the building permit and must be obtained before OWTS work begins, with required inspections scheduled644. Only about 1% of county land is rated free of severe limits for a conventional drain field, so investigate early45.
Can you live in an RV or tiny home on your land in Santa Clara County?
RVs, campers, trailers, boats and similar vehicles may not ordinarily be used as housing on residential lots in unincorporated Santa Clara County8. Temporary occupancy during dwelling construction requires approval, a primary-residence building permit issued before or with that approval, and use of the new home's approved septic system unless sewer is available9. Unincorporated Santa Clara County allows ADUs on legal residential or mixed-use lots with an existing or proposed single-family residence, adequate water and sewage service, compliant setbacks and fire/life-safety standards; planning review and building permits apply, with provisions varying by district and lot size46. A qualifying JADU must be within the residence and no larger than 500 square feet; owner-occupancy of the main home or JADU is required4647. A movable tiny home may replace a standard ADU, with DMV registration, required certification and direct water, wastewater and electric connections; waste holding tanks are prohibited48. The 100-square-foot enclosed-space minimum applies to movable tiny-home ADUs, not every dwelling type12. The primary residence needs building-site approval before the ADU application, and ADU rentals must last at least 30 days48. Ask Planning and Development about primary-residence tiny-home approval: California requires an approved classification and location4918.
How do you build a home in unincorporated Santa Clara County?
- Search Property Explorer by parcel number or address to confirm jurisdiction, site constraints and zoning26.
- Confirm the intended use and lot meet the applicable zoning, minimum-lot and setback rules250.
- Determine wastewater service: connect to an approved available sewer when required, or obtain Environmental Health clearance before the building permit and the OWTS construction permit at building-permit issuance where sewer is unavailable416.
- Obtain a Valley Water permit before covered private-well work begins, if needed51. Submit application materials and plans through the Public Permit Portal to the Department of Planning and Development19.
- If you act as owner-builder, sign the declaration and accept responsibility for permits, code compliance and inspections; the exemption is from contractor licensing only, with eligibility depending on who performs the work and whether the improvements are intended for sale527.
- Request each required inspection separately, do not cover work before approval, and obtain final inspections to close every related permit15.
What should you check before buying land in unincorporated Santa Clara County?
Start with jurisdiction: a parcel inside a city follows that city's planning rules, while unincorporated land follows Santa Clara County zoning3. Lot creation and building-site minima differ: R1/R1E/R2/A1 generally require 5,000 square feet for lot creation versus 3,750 for a building site, subject to table notes and combining districts5354. RS requires 5 acres for lot creation versus 1 acre for a building site; OS/F generally requires 160 acres for lot creation with clustering exceptions, and SCA uses a 20–160 acre slope-density formula without clustering or minimum-lot reductions54. If you plan to split land, expect a tentative map, improvement plans, access and utilities for each proposed parcel, with additional requirements possible based on location and site conditions55. Check the county flood map because development in a mapped Special Flood Hazard Area can require a floodplain development permit56. Confirm driveway feasibility; county guidance requires at least 10 feet of unobstructed width and at least 8 feet of surfacing, with greater width possible when the fire marshal requires it57. Investigate septic suitability early because only about 1% of county land is rated without severe limits for a conventional drain field45. If the parcel needs a private well, obtain the required Valley Water permit before covered well work begins51.
Watch-outs
- We could not confirm temporary camping rules for private land in unincorporated Santa Clara County; ask Planning and Development before buying for that purpose, because the published county-park camping rules apply to designated park campsites5818.
- Off-grid does not mean sanitation-free: where sewer is unavailable, an occupied building needs a water-flush toilet connected to an approved OWTS, and cesspools are prohibited4243.
- A movable tiny home ADU requires direct utility connections and cannot use holding tanks for waste storage; ask Planning and Development about the proposed site before buying the unit48.
Sources
- Apply for a Building Permit, quoted and re-checked
- Planning Services, quoted and re-checked
- Planning Services, quoted and re-checked
- Onsite Wastewater Treatment System (OWTS), quoted and re-checked
- Planning Services (2026 county census)
- Other approvals that may be needed for construction, quoted and re-checked
- California Business and Professions Code Section 7044, quoted and re-checked
- plandev.santaclaracounty.gov, quoted and re-checked
- Santa Clara County Zoning Ordinance, quoted and re-checked
- Building setbacks, quoted and re-checked
- Santa Clara County Zoning Ordinance, quoted and re-checked
- Santa Clara County Zoning Ordinance, quoted and re-checked
- Agricultural (Building) Exemption, quoted and re-checked
- Apply for a Building Permit, quoted and re-checked
- Schedule an Inspection, quoted and re-checked
- Inspections Frequently Asked Questions, quoted and re-checked
- Apply for a Building Permit, quoted and re-checked
- Santa Clara County Department of Planning and Development - Building (plandev.santaclaracounty.gov)
- Apply for a Building Permit, quoted and re-checked
- Mountain View: New Construction (Santa Clara County), quoted and re-checked
- Milpitas: Milpitas Municipal Code, § C.10.030 Accessory Dwelling Units and Junior Accessory Dwelling Units (Santa Clara County), quoted and re-checked
- Gilroy: Article II: Sanitary Disposal of Sewage Within City - City of Gilroy, CA (Santa Clara County), quoted and re-checked
- Campbell: Building | Campbell, CA (Santa Clara County), quoted and re-checked
- Town of Los Altos Hills: 2019 Residential Building Guide (Santa Clara County), quoted and re-checked
- Apply for a Building Permit, quoted and re-checked
- Access Property Information (Property Explorer), quoted and re-checked
- Santa Clara County Zoning Ordinance, quoted and re-checked
- San Jose: San José Municipal Code § 20.10.060, Zoning districts established (Santa Clara County), quoted and re-checked
- Sunnyvale: official source (Santa Clara County), quoted and re-checked
- Mountain View: R2 zone development standards (Santa Clara County), quoted and re-checked
- Milpitas: Milpitas Municipal Code, § B.4.030 Residential Zones Development Standards (Santa Clara County), quoted and re-checked
- Gilroy: Table of Contents - City of Gilroy, CA (Santa Clara County), quoted and re-checked
- Morgan Hill: Chapter 18.16 - Residential Detached Zoning Districts; 18.16.030 - Development standards (Santa Clara County), quoted and re-checked
- Campbell: Campbell Municipal Code § 21.08.020, Residential zoning districts (Santa Clara County), quoted and re-checked
- Town of Los Gatos: Zoning (Santa Clara County), quoted and re-checked
- Los Altos: Public GIS Viewer (Santa Clara County), quoted and re-checked
- Town of Los Altos Hills: Municipal Code (Santa Clara County), quoted and re-checked
- Town of Los Gatos: Application for Septic or OWTS for new development or additional feasibility testing (Santa Clara County), quoted and re-checked
- Town of Los Altos Hills: Septic System/OWTS (Santa Clara County), quoted and re-checked
- Onsite Wastewater Treatment System (OWTS) (2026 county census)
- Santa Clara County OWTS Ordinance, quoted and re-checked
- Onsite Wastewater Treatment System (OWTS), quoted and re-checked
- Santa Clara County OWTS Ordinance No. NS-517.85, quoted and re-checked
- Application for septic/OWTS clearance for new development, quoted and re-checked
- Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
- Accessory Dwelling Units (ADU), quoted and re-checked
- Accessory Dwelling Units (ADU), quoted and re-checked
- Santa Clara County Zoning Ordinance, quoted and re-checked
- Information Bulletin 2016-01: Tiny Homes (California statewide rule), quoted and re-checked
- Zoning Ordinance, quoted and re-checked
- Well Permits and Inspections, quoted and re-checked
- Owner-Builder Overview, quoted and re-checked
- Santa Clara County Zoning Ordinance, Chapter 2.30, quoted and re-checked
- Santa Clara County Zoning Ordinance, Chapter 2.50, quoted and re-checked
- Planning Miscellaneous Application Checklist, quoted and re-checked
- Floodplain Ordinance, quoted and re-checked
- Where can I build on my property?, quoted and re-checked
- Camping rules and policies, quoted and re-checked
Written October 11, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.