Permit briefing

Do you need a permit for a driveway?

The model building code exempts driveways from a building permit, but the apron in the public right-of-way needs a permit from whoever owns the street.

Written by DueRivaEditorial review: 2026-09-30Review standard

The reliable short answer

Find out who owns the street before pricing the pour, because that answer decides which agency reviews the approach and what it may look like.

Planning complexity

Medium

Local answer required

Yes

The model code’s answer

Does a driveway need a permit?

Not a building permit for the part on your lot: the International Residential Code lists sidewalks and driveways among the work exempt from one. That exemption stops at the property line. The apron that crosses into the street is a separate permit, issued by whoever owns the road.

Where a driveway needs no building permit
RuleWhat it exempts
Model code (IRC R105.2)Sidewalks and driveways exempt
AustinExempt outside the right-of-way; approach reviewed by the city
Los AngelesExempt to 30 in above grade; a curb cut needs city approval

Both checked cities follow that split. Austin needs no permit for paving outside the right-of-way, while Transportation and Public Works reviews and inspects the approach, for a fee. Los Angeles asks for Bureau of Engineering approval before a new curb cut. On a Texas state highway frontage, TxDOT issues the driveway permit instead of the city.

Houston, Phoenix and San Diego
HoustonFlatwork outside the Infrastructure Design Manual; the approach needs a permit
PhoenixUp to 30 in above grade; right-of-way work needs a permit
San DiegoUp to 30 in above grade; right-of-way work needs a permit

Every backyard exemption

A three-step permit decision

1. Split the private slab from the public approach

Austin exempts residential concrete flatwork from a building permit only when it is not located in the public right-of-way. The moment paving crosses that line it is a different review.

2. Identify the road authority

Austin Transportation and Public Works issues the permit for driveway, sidewalk, curb and gutter work in city right-of-way. Where the frontage is a state highway, TxDOT permits the connection instead.

3. Do not pour ahead of the permit

TxDOT states no construction on the right of way may be undertaken until a fully executed driveway permit is in hand and the applicant has given 24-hour notice. Work done early can be required to come out.

What Austin and Los Angeles say about a driveway

Austin

No permit
A driveway on your lot, outside the public right-of-way.
Permit
The approach in the right-of-way is reviewed by Transportation and Public Works and inspected by the city.
Fees
  • Driveway and sidewalk review$220.00
  • Residential driveway inspection, base$577.51
  • Residential driveway inspection, per driveway$97.28
Austin fee schedule, FY 2026-27, effective October 1, 2026.

Los Angeles

No permit
The code names driveways among the work that needs no permit, as long as the driveway sits within 30 inches of grade with no basement or room under it.
Permit
A new driveway that needs a curb cut to the public street needs driveway apron approval from the Bureau of Engineering.
Fees
LADBS sets its building permit fees from the project's valuation.

What to have ready before you call

  • Street ownership confirmed: city, county or state highway
  • Approach location and width discussed with the road authority
  • Right-of-way permit obtained before any work in the apron
  • Contractor licensing, bonding and insurance for right-of-way work verified
  • Drainage across the apron and added impervious area accounted for

Use the dimensions, not a guess

Related field notes