Typically, the initial 10’ measured from the face of the curb in towards a property is public right of way (ROW). Although the Land Development Division can provide you with the approved distance for the ROW/ private property dividing line from the face of the curb based on approved plans, a registered land surveyor should be consulted to determine the exact location of the ROW limits in the field.

Public ROW is maintained by the City and is used exclusively for public roadways, utilities and other infrastructure. As such, a privately owned item such as a property fence cannot be installed in the ROW. The Planning Division regulates the setbacks, height and material requirements for fences on private property. Please refer to the Planning Division webpage.

A grading permit is not required for the excavation of a building foundation covered by a valid building permit. Depending on the existing and proposed topographic conditions for the building pad, a grading permit may be required.

If a grading permit is not required, the Land Development Division will conduct an Engineering Review of the Building Division plan submittal.

Please refer to the grading permit exemptions contained in the above response which are fully described within San Marcos Municipal Code section 17.32.045(a) and the “Site Plan Requirements for Single Family Residences” handout for additional information.

A grading permit is required for an excavation that is 2’ or more in depth and/or creates a slope greater than 5’ in height and steeper than 1 ½:1 horizontal to vertical. A permit is also required for fills 2’ or more in depth and greater than 50 cubic yards or 1’ or more in depth placed on natural terrain 5:1 or steeper.

Permit exemptions include excavations authorized by a valid building permit or improvement permit, cemetery graves, well excavations, and exploratory excavations performed under the direction of a soils engineer approved in writing by the City.