Understand which agencies, departments, or associations control your site and your project
Why Jurisdictions Matter
Before you can design or build, you’ll need to know who has authority over your project. Every property falls under at least one governing body, often more. These entities regulate what you’re allowed to build, how you’re allowed to build it, and what approvals are required to move forward.
Understanding your jurisdiction is a foundational step in planning. It affects everything from zoning rules and permitting timelines to design limitations and approval procedures. Even if you’re working with professionals, it helps to know who’s involved and what they oversee.
What Is a Jurisdiction?
In construction and development, a jurisdiction refers to the government or regulatory body that has the legal authority to approve and enforce codes for your project. This is often referred to as the Authority Having Jurisdiction (AHJ).
The AHJ is typically a city or county planning and building department, but depending on your location, additional layers may apply. These agencies set the rules you’ll need to follow and review your plans before you can get a permit.
Some properties fall under multiple jurisdictions. For example, a single site could be governed by the county, a water district, a fire protection agency, and an HOA, all at the same time.
Types of Jurisdictions That May Apply to Your Property
City or Municipal Government
If your property is located within city limits, the city’s planning and building departments are typically your primary AHJ. They enforce zoning regulations, issue permits, review plans, and inspect construction work. Most projects, especially new construction and additions, must comply with city-specific codes and processes.
County Government (Unincorporated Areas)
If your property is outside of a city boundary, it is governed by the county. Counties function similarly to cities in terms of zoning, permitting, and building inspection, but their codes, application formats, and review procedures may differ. Projects in rural or less-developed areas often have longer timelines due to reduced staffing or limited digital access.
State or Regional Oversight (When Applicable)
Some projects fall under additional oversight from state or regional agencies, which enforce regulations that go beyond local city or county codes. This may include:
- Coastal Zones Properties in areas governed by coastal commissions (like the California Coastal Commission) must comply with strict development regulations related to environmental protection, public access, and view preservation. These reviews often require detailed plans, biological assessments, and public notice periods.
- Flood Zones / FEMA Designations If your property is located within a FEMA flood zone, you may need to elevate your structure, perform hydraulic studies, or comply with the FEMA 50% rule (which limits the amount of improvements allowed before the entire structure must be brought up to modern code).
- Wildfire Severity Zones High-risk fire areas often require fire-resistant building materials, defensible space, specialized access roads, or approvals from local fire protection agencies. In California, Cal Fire’s maps determine fire severity zones.
- Historic Districts If your property is in or adjacent to a historic district, there may be additional restrictions related to design, materials, and alterations. Local or state preservation boards may require review of plans and issue certificates of appropriateness.
- Environmental Protections Some lots include sensitive habitats (wetlands, woodlands, or watersheds) that trigger review from state fish and wildlife departments, environmental protection agencies, or water boards. These reviews often involve surveys, setbacks, and mitigation plans.
These state or regional agencies don’t typically replace city or county authority, but they add additional approval layers that must be cleared before a permit can be issued.
Utility and Infrastructure Districts
Special districts may control access to utilities like water, sewer, storm drainage, or power. Some districts are limited to inspections and hook-up fees, while others require plan submittals and review of fixture counts or service size. You may need:
- Will-serve letters
- Capacity calculations
- Separate fees or deposits
- Final inspections before occupancy approval
Homeowners’ Associations (HOAs)
If your property is part of a planned community, subdivision, or private neighborhood, it may be governed by a Homeowners’ Association (HOA). HOAs are private entities, but their rules are legally enforceable through documents called CC&Rs (Covenants, Conditions & Restrictions).
Here’s what to expect:
- CC&Rs and Design Guidelines These documents outline what you can and can’t do on your property. This typically includes restrictions on things like:
- Building height
- Exterior materials and paint colors
- Roofing types
- Fencing and landscaping
- Location of additions, ADUs, or outbuildings
- Construction hours and contractor parking
- Planning and Architectural Review Most HOAs require you to submit plans for review by an internal committee or third-party consultant. This process typically comes before submitting to your city or county. HOAs may reject designs that fully comply with public code if they don’t align with the neighborhood aesthetic.
- Design Professional Required Many HOAs will not accept hand-drawn or homeowner-created plans. You may be required to hire an architect or designer to prepare submittal packages, including site plans, elevation drawings, and material samples.
- Approval Timelines HOA review can take anywhere from a few weeks to a few months, depending on the group’s rules and meeting schedules. Some may even require neighborhood notification or allow public comment before approval.
- Coordination With Public Approvals Even if your city or county issues a permit, your HOA can still prevent construction if their rules aren’t followed. It’s important to get HOA approval first or in parallel with public agency review.
Tip: Always request a copy of the current CC&Rs and design guidelines before beginning design. If they’re unclear, ask the HOA for examples of recently approved projects to better understand what’s allowed.
How to Find Out Who Governs Your Property
Use this step-by-step guide to identify the Authority Having Jurisdiction (AHJ) for your site:
Step 1: Check if the Property Is Within City Limits
Look up your address on your city’s zoning map or parcel viewer. Most cities have this on their planning department or GIS websites. → If your property doesn’t fall within city boundaries, the county is likely your primary AHJ.
Step 2: Visit the City or County Website
Go to your local city or county planning department site and use their tools to confirm jurisdiction. Look for:
- Zoning map
- Parcel viewer
- “Find My Planner” or “Who Is My Inspector” tools
These tools often include zoning designation, parcel number, and links to applicable codes.
Step 3: Contact the Planning Department
If you’re unsure, call or email the planning or permitting department. Provide your address and ask:
- Is this property governed by the city or county?
- Are there any special overlay zones I should be aware of?
- Who is the best contact for zoning and permitting questions?
They’ll confirm jurisdiction and often provide helpful links to get started.
Step 4: Check for Special Districts
You may also be part of a water, sewer, or utility district. These entities don’t control overall permitting, but they may require separate reviews or fees. You can usually identify these districts by:
- Checking your most recent property tax bill
- Reviewing your title report or parcel profile
- Asking your local planning office for confirmation
Step 5: Confirm Whether an HOA Applies
If the property is part of a subdivision, check for an active HOA. Look for:
- CC&Rs (Covenants, Conditions & Restrictions)
- HOA design guidelines or construction rules
- Contact info for the HOA board or management company
HOA approvals are typically required before submitting to the city or county, especially for exterior work or major additions.
What’s Next: Zoning Guide
Now that you know who governs your site, the next step is to understand what they allow you to do with your property. Your zoning code defines the rules for size, use, placement, and design.
Head to the Zoning Guide to learn how zoning works, how to find your zoning designation, and how it shapes your project.