Do You Need a Permit for a Concrete Driveway in Modesto?
For the driveway on your own lot, usually not. The 2025 California building codes, in effect since January 1, 2026, exempt sidewalks and driveways from a building permit. The driveway has to sit no more than 30 inches above the ground beside it. It also cannot be over a basement or a story below, or be part of an accessible route.
The catch is the approach, where your driveway crosses the sidewalk and meets the curb and street. That strip sits in the City’s right of way. The City’s Land Development Engineering office issues encroachment permits for all work there. Curb, gutter, sidewalk and driveways are its own examples.
You apply for an encroachment permit on the City’s e-TRAKiT portal. This guide is general information from the City’s and the state’s published rules, and the City has the final word. Confirm with the City before you pour a new or replacement concrete driveway.
Here is a quick map of common jobs and the Modesto office to ask about each one. The sections below explain each row.
| Job | The permit question | Office to ask |
|---|---|---|
| New or replacement driveway on your lot | Usually no building permit, under the state exemption | Building Safety |
| Driveway approach, curb or gutter | Encroachment permit for work in the right of way | Land Development Engineering |
| Public sidewalk | Encroachment permit, built to City Council standards | Land Development Engineering |
| Wider driveway that reaches the street | Encroachment permit for the wider approach, plus setbacks | Land Development Engineering and Planning |
| Patio cover | Patio permit, most issued over the counter | Building Safety |
| Plain patio slab with no cover | Not named in the state exemption, so ask first | Building Safety |
| Slab under a home, garage or ADU | Part of that building’s permit and plan review | Building Safety |
| One-story storage shed, 120 square feet or less | No permit, per the City’s FAQ | Building Safety |
Does a concrete driveway need a building permit in Modesto?
Not usually, if it meets the conditions above. The rule is item 6 in section 105.2 of the 2025 California Building Code. That section lists work exempt from permit. The 2022 California Residential Code also listed sidewalks and driveways as exempt.
Modesto’s own Building Safety FAQ uses the same limits as the state list for small sheds and fences. Fences 7 feet tall or less need no permit, for example.
An exemption covers the building permit only. The code says an exemption does not allow work that breaks any other law or local rule. Zoning and setback rules still apply, and so does the City’s right of way.
When does Modesto require an encroachment permit for a driveway?
Whenever the work reaches the City’s right of way. In Modesto, Land Development Engineering (LDE) issues encroachment permits for all work performed there. For a driveway, that means the driveway approach, the stretch that crosses the sidewalk and meets the curb.
If your replacement job includes the approach, that part needs the encroachment permit. The driveway behind it can still fall under the building permit exemption. The City’s FAQ says encroachment permit applications go in on its e-TRAKiT portal.
Curbs, gutters and sidewalks in Modesto must be built or repaired to standard specifications approved by the City Council. So any curb, gutter or sidewalk in your job is built to the City’s standard, and the permit comes first.
Do you need a permit to widen or extend a driveway?
The widened part on your own lot raises the same building permit question as a new driveway. The street end is where it changes. If the wider driveway reaches the street, it needs a wider approach and curb cut.
That work sits in the City’s right of way, so it needs an encroachment permit from LDE. An extension that stays inside your lot, away from the curb, is the building permit question from the first section.
Setbacks are a separate question. Ask the City’s Planning staff whether a setback or zoning rule touches your plan. The City’s own Building Safety FAQ sends setback questions to Planning.
Does a concrete patio or slab need a permit in Modesto?
A patio cover is a structure, so it goes through the City’s Building Safety Division. Modesto says applicants can get most patio permits over the counter. The City highly recommends booking an appointment.
A plain patio slab with no cover is a question for Building Safety. The state exemption names sidewalks and driveways, not patio slabs. So ask before you pour a concrete patio, even a simple one.
The slab under a home, garage or ADU is part of that building’s permit. All new construction in Modesto goes through plan review, and new-home plans must include footing and slab cross-section details. Permitted work is inspected before it is covered. For concrete slabs under a garage or ADU, we pour to the plans for that building.
Sheds have a clear rule. The City’s FAQ says a one-story detached storage shed of 120 square feet or less needs no permit.
Who fixes a sidewalk lifted by a City tree?
Find out what lifted it before you pay to replace a public sidewalk. The City’s Curbs, Gutters and Sidewalks Unit repairs public sidewalk, curb and gutter damaged by City trees or City utilities.
City staff grind a lifted sidewalk level when the offset edge is less than two inches. Lifts of more than two inches get an asphalt ramp. You can report a problem spot to the City online.
Replacing the public sidewalk as part of a driveway job is right-of-way work, so it needs an encroachment permit. For walks and steps on your own lot, see our concrete sidewalks and walkways page.
What about driveways outside Modesto city limits?
Outside the city, a different office covers the right of way. In unincorporated Stanislaus County, the County’s Encroachment Permits section issues permits for construction in all County rights of way.
In Ripon, Municipal Code section 12.12.010 covers work in a street or public right of way. Anyone other than the City needs a written permit from the City’s engineering supervisor to dig or build there. Ripon’s encroachment application lists driveway work: install new, tear-out or re-pour.
In Turlock, the Municipal Code caps driveway approach widths at 40 percent of the total lot width. In Patterson, the City’s encroachment permit FAQ says a C-8 concrete contractor may perform driveway approach and sidewalk projects. Check with the office that covers your address before you plan the job.
What happens at a free driveway estimate?
In Modesto, most concrete driveway permit questions come down to where your lot ends and the right of way begins. We are a licensed C-8 concrete contractor, CSLB license #1134246. On the free estimate, we look at whether your job reaches the right of way. Then we talk through what the City will want before anything is poured.
See our concrete driveways page for new driveways and replacements. For budget numbers, read what a concrete driveway costs in Modesto. Call or text (209) 606-9904 to set up a free estimate.