The Expert Podcast

As a licensed general contractor, many times one of the questions we get is regarding permits on a deck. Does a deck construction or deck repair need a building permit? Well, the codes obviously are different from state to state, but here's a general way to look at deck permitting and deck requirements.

This is from the state of New Jersey, and they have what's called a "Code Communicator," where on a regular basis, they come out with updated notices to let you know as a property owner or a builder what is required and some of the common questions they get. Here it talks about ordinary maintenance and minor work.

The construction or total replacement of a deck, or the repair or replacement of part of a deck that does not provide structural support, is designated as ordinary maintenance. The construction or complete replacement of a deck requires a full permit. This reflects no change. But what does it mean? What are the actual wording in that requirement when they talk about it in more detail? Building projects of ordinary maintenance and minor work do not require a permit application.

What do they consider normal maintenance as far as decks are concerned? It makes it very clear: any part of a deck, porch, or stoop repair or replacement that does not provide structural support does not need a permit. To be more clear, the repair or replacement of part of a deck that does not provide structural support is designated as normal maintenance. The construction or complete replacement of a deck requires a permit.

In this jurisdiction, which may or may not be different from other places, if you're repairing an existing deck, you can normally do that without a permit. If you're constructing a new deck, then you need a permit. Some jurisdictions also have differentiation between a deck of certain heights. If it's within 12 inches of ground level, it may not need a permit. If it's more than a foot off the ground, it needs a permit.

Let's look at another jurisdiction—this is in Okaloosa County, Florida—where it has a permit guide for decks. This guide provides basic information to enable the completion of a building permit application for a deck. If the deck is below 30 inches with no roof, it will not need a building permit. So, there's your example of a designation: below 30 inches and it doesn't have a roof, you can build it without a permit.

If it's between 30 and 60 inches off the ground, you will need a building permit, but you don't need engineered plans. You can kind of drop a deck design on your own. Now, decks will need handrails, guardrails, and steps. A site inspection will determine compliance.

So, how does that work for a homeowner? Well, if you are doing a deck permit application, you need proof of property ownership and two sets of construction plans if the deck is over 60 inches above grade. If it's less than 60 inches, you don't need full construction plans.

Here's another example of differentiation in Lee County, Florida. If you're doing a permit for a deck, what are some of the differentiations for different types of decks? Here it talks about different categories. It says construction drawings can be used for the deck if the deck is less than 30 inches in height and is not in a flood zone.

There's another trigger: they want to make sure if your deck is in a flood zone that it's built to certain standards. Another trigger is if the deck has four or more stairs or risers, and that's going to require handrails.

Here are some other examples of what might come into play for a deck permit. This happens to be in the Pacific Northwest, I believe it's in Oregon, and it's going to talk about some of the things for a deck application. First is site erosion. They want to make sure that you're not building a deck in a place where, even if it's a low deck, even if it's less than a foot off the ground, if it's going to erode, that deck might collapse.

If the project will result in disturbing the ground with mechanical equipment, or if it has less than a 10% slope or is more than 50 feet from a wetland, there's another example. If you're close to a wetland, even disturbing that soil might have an impact on a stream or riparian district.

Even on low-grade decks—decks that are less than a foot and a half off the ground—they want to know what your foundation plan is. Where are the footings? Where are the posts? Because if you space deck joists out too far, the deck may collapse. It may not have the structural integrity if it gets rot or if it gets water, especially in a place like the Pacific Northwest.

Another factor, even if the deck is low to the ground where there's no risk of somebody falling off or falling through, there may be a stormwater plan. If it's going to add more than 500 square feet of impervious area, when you build a deck, you're also affecting where that rainwater is going. It may not filter through the same way it would if it was undisturbed land. It may actually flow off the deck into other areas and create drainage issues.

They'll want to take a look at whether that's going to happen, or if there's an existing on-site sewage system. Meaning, if you have a septic tank, you might be putting water into the wrong place that would disrupt the proper operation of that septic system.

Here's one last example from Nevada, which kind of shows some of the ways that different jurisdictions approach this. Actually, this is California—Nevada County in California. Replacement of an existing deck means you are building a new deck in the same location and same size. You're not increasing the size, and that's going to be different if you're making it bigger.

The following are required for deck replacements: first of all, you have to have photos of the existing deck. Photos must be submitted, or the project will be considered a new deck application. If you can't show the old deck, then they're just going to figure that you're building a new one.

The deck shall be attached to the residence to resist lateral loads. Meaning, if the deck is freestanding, that's going to be a little bit different than if it's attached to the residence. If it's freestanding, that deck can have forces on it that will move it sideways.

It also tells you what size posts you need. If you have a snow load exceeding 40 pounds per square foot, you have to have engineering from an architect. Here are the post sizes: if you are going up to 8 feet, you need 4x4 posts. If you are going between 8 and 14 feet, you need 6x6 posts. Decks exceeding these limits require full engineering from an architect.

Usually, the way to look at it is: ground-level small decks, even though new construction, probably require some type of permit. But once you start getting up above 12 to 18 inches above grade, you're going to need some additional design requirements—maybe railings, different types of footings, or footing intervals that are more complex than just having them on the corners.

Check with your jurisdiction to see what the permit requirements are before you start building a deck. You may find that it's out of compliance, and you might have to tear it down and start from scratch.