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Driveway and Patio Permits: When Paving Work Needs City Approval

Paving on your own lot is one of the few outdoor projects that is often exempt from a building permit. The catch is the curb: the moment a driveway crosses the sidewalk to reach the street, it uses the public way, and that needs a separate permit from the transportation department. This guide walks through Chicago's official rules, which spell out both sides of that line, and Seattle's rule for larger excavations.

By the Home Permit Guide Editorial Team Updated Last checked 5 min read 4 official sources

Reviewed by Carlos Aldaba, CBO, Certified Building Official (ICC), Building Code & Permitting Consultant ·

Jump to the Answer
A two-story white house with black shutters and a front porch
Photo: Unsplash. Illustrative only; it does not show a specific permitted project.

Short Answer

In Chicago a ground-level concrete or brick patio or walkway on private property needs no building permit if it is no more than 30 inches above grade and not over a basement. Replacing an existing driveway in kind is also exempt. A new driveway, a widened one, or any change to the curb cut needs a CDOT driveway permit, and only a licensed contractor can get the permit to open the public way and build it.

Key Takeaways

  • Chicago exempts noncombustible patios and walkways up to 30 inches above grade that are not over a basement or in the public way.
  • Maintaining or replacing a driveway in kind needs no building permit in Chicago, but establishing, expanding or eliminating parking needs one.
  • A new or altered driveway apron needs a CDOT driveway permit, then a public way opening permit pulled by a licensed contractor.
  • In Seattle, digging more than 750 square feet, including driveway and paved areas, triggers a pre-application site visit for a garage project.

Quick Facts

Patio or walkway (Chicago)No building permit if noncombustible, on private property, 30 inches or less above grade and not over a basement
Replacing a driveway in kind (Chicago)No building permit
New or altered driveway (Chicago)CDOT driveway permit; $10 residential application fee, no annual fee
Insurance (Chicago)$250,000 liability naming the City as additional insured
Large excavation (Seattle)Over 750 sq ft of digging, including driveways, needs a pre-application site visit

From our city pages and each city's open permit data (refreshed October 30, 2026).

Patios and Walkways

Chicago's Department of Buildings lists patios under masonry work that does not need a building permit. The exemption covers installing, altering or removing a noncombustible (concrete or brick) sidewalk, patio or walkway that:

  • is not located in or on the public way,
  • is not more than 30 inches above adjacent grade, and
  • is not over any basement or story below.

A raised patio over a basement or a structure higher than 30 inches falls outside the exemption. Chicago also lets you remove and replace up to 50 square feet of masonry in kind at a residential building of up to 4 stories.

Step-by-Step: What to Do

  1. Decide whether the work stays on your lot or touches the curb, sidewalk or parkway.
  2. Check your city's exempt list for patios, walkways and in-kind driveway replacement.
  3. For a new or changed curb cut, apply to the transportation department with a plat of survey, site plan and photo.
  4. Hire a licensed contractor to obtain the public way opening permit.
  5. Build within the permit's time limit and to the approved dimensions.

Driveways on Your Lot

In Chicago, maintaining or removing and replacing in kind a noncombustible (concrete, brick or asphalt) parking surface or driveway does not need a building permit. A building permit is required to establish, expand or eliminate an off-street parking or loading area. In Seattle, if digging for a garage project covers more than 750 square feet, including any driveway or other paved area, SDCI requires a pre-application site visit and may add requirements.

Curb Cuts and the Public Way

Chicago says no one may use the public sidewalk or parkway as a driveway without a permit from the Commissioner of Transportation. The CDOT rules set these requirements for a residential (Type A) driveway serving fewer than four units:

ItemChicago requirement
ApplicationCDOT permit portal; proposed driveways need Zoning sign-off
DocumentsPlat of survey or site plan and a photo of the curb and sidewalk
Insurance$250,000 liability naming the City as additional insured
Fees$10 application fee for the life of ownership; no annual fee
Minimum width8 feet at the property line for a single-family home
ConstructionLicensed contractor obtains a public way opening permit within one calendar year

Altering an existing driveway also needs a new driveway permit.

Building Departments in the Cities We Cover

Rules in this guide vary by jurisdiction. These are the official departments that issue residential permits in the 15 cities we track, with the city's open-data source for permit records. Each city page shows the rules for roofing, HVAC, solar, fence and deck work.

CityIssuing departmentPermit records
Chicago, ILChicago Department of BuildingsChicago Building Permits
New York, NYNYC Department of BuildingsDOB NOW: Build – Approved Permits
Los Angeles, CALos Angeles Department of Building and Safety (LADBS)LADBS Building Permits Issued 2020–Present
Austin, TXCity of Austin Development Services DepartmentAustin Issued Construction Permits
Seattle, WASeattle Department of Construction and Inspections (SDCI)Seattle Building Permits
Orlando, FLCity of Orlando Permitting ServicesOrlando Permit Applications
Philadelphia, PAPhiladelphia Department of Licenses and Inspections (L&I)Philadelphia L&I Permits (Carto)
Baltimore, MDBaltimore City Department of Housing & Community Development (DHCD)Open Baltimore: DHCD Permits
Nashville, TNMetro Nashville Department of Codes and Building SafetyMetro Nashville Building Permits Issued
Raleigh, NCCity of Raleigh Permit and Development ServicesRaleigh Building Permits
San Francisco, CASan Francisco Department of Building Inspection (DBI)DataSF: Building Permits
New Orleans, LANew Orleans Department of Safety and PermitsNOLA Permits
Pittsburgh, PAPittsburgh Department of Permits, Licenses, and Inspections (PLI)WPRDC: PLI Permits
Cincinnati, OHCincinnati Department of Buildings & InspectionsCincinnati Building Permits
San Diego, CACity of San Diego Development Services DepartmentCity of San Diego Development Permits (Set 2)
Kansas City, MOKansas City, MO City Planning & Development DepartmentKCMO Permits (CPD)

Before relying on any rule, read the department's current page or call its permit desk. Model-code sections cited here (such as IRC R105) are adopted locally, often with amendments.

Frequently Asked Questions

Do I need a permit to pour a concrete patio?

Not in Chicago, if it is on private property, no more than 30 inches above grade and not over a basement or story below.

Do I need a permit to replace my driveway?

Chicago does not require a building permit to replace a driveway in kind. Widening it, adding parking or changing the curb cut needs permits.

How much is a residential driveway permit in Chicago?

The application fee is $10 for the life of your ownership, with no annual fee for residential driveways. A new owner must apply again.

Written and maintained by the Home Permit Guide Editorial Team

Last updated

Every rule on this page links to the official source it was checked against. Read our Editorial Policy.

Sources

Official sources checked on . Rules change; confirm with the department before you start work.

  1. City of Chicago: What Types of Work Do Not Require a Building Permit? (Full List) (chicago.gov)
  2. Chicago CDOT: Driveway Permits - Overview and Policy (chicago.gov)
  3. Chicago CDOT: Driveway Rules and Regulations (2026) (chicago.gov)
  4. Seattle SDCI: Garages (seattle.gov)