Emergency Permit Process/Policy

1) Contact the HCD - Planning or HCD - Building Services to report the situation.

2) Planning and/or Building Services staff may investigate the site, as necessary.

3) Applicant/Owner must submit preliminary technical reports and a proposed design solution assessing the situation.

4) County staff, in consultation with other agencies, will determine if the situation qualifies as an emergency.

5) County staff will determine if the solution constitutes the minimum amount of work necessary to stabilize the emergency situation.

6) If the situation is deemed to be an emergency, and the solution is the minimum amount of work necessary to stabilize the emergency situation, County staff will prepare a resolution with conditions of approval. Standard emergency permit conditions include: 

a) Permanent Permit. Because the emergency permit is a temporary solution, additional permits may be required for a permanent solution. In the Coastal Zone, development requires a coastal permit. Since an emergency permit supersedes the public notification and environmental review process, the owner must file a complete application for a coastal permit within 60 days from receiving approval of an emergency permit. The application must include after-the-fact impact assessment of the temporary work relative to impacts to biological resources, archaeological resources, etc.

b) Other Permits/Approvals. Issuance of an emergency permit by the County Planning Department does not relieve an owner from obtaining required permits/ approvals from other agencies such as: County HCD - Building Services, Department of Fish and Game, the Executive Director of the Coastal Commission, or Army Corp of Engineers. Prior to commencing work, a letter from these agencies should be submitted stating that either a permit/approval has been obtained or that one is not needed.

1) The applicant/owner retains an engineer report that assesses the situation and provides support for the emergency.

2) Monterey County HCD - Planning Department staff and, if needed, HCD - Building Services staff will review the report and may investigate the site, as necessary.

3) The engineer report and County assessment is forwarded to the California Coastal Commission (CCC) staff for concurrence. The CCC has authority to overrule County officials as to the determination that an emergency exists. (Coastal Zone only)

1) Engineer Report. A report from a certified engineer or other qualified professional that includes, at a minimum, the following information:

a) Estimated cause of the damage of the structure;

b) Estimated time before the structure will fail as a result of the situation;

c) Alternative temporary measures considered to address the emergency situation and why they are not feasible;

d) Mean High Tide level relative to proposed project. If any part of the project falls below the mean high tide level, then the project is under the jurisdiction of the Coastal Commission (Coastal Zone only);

e) Engineer’s estimate as to the amount of time required to complete the investigation and design for a permanent solution.

2) Preliminary Biological Assessment. A report that identifies what types of plant and animal species are/may be within the project impact area. [Note; a more detailed report for mitigation of after the fact impacts as well as impacts from the permanent design will be required with the permanent permit.] The requirement to submit these reports is determined by the Chief of Planning on a case-by-case basis.

3) Preliminary Archaeological Assessment. A report that identifies what types of cultural resources are/may be within the project impact area. [Note; a more detailed report for mitigation of after the fact impacts as well as impacts from the permanent design will be required with the permanent permit.] The requirement to submit these reports is determined by the Director of Planning on a case-by-case basis.

4) Fee. The County charges a fee for the service to process an emergency permit. This is separate from, and in addition to, the fee that will be required for the permanent permit. Please refer to the latest fee schedule for the applicable fee.

5) Expiration. Once an emergency permit is issued, the permit expires 60 days after approval. 

In order to grant an Emergency Permit, the findings of the Appropriate Authority shall be:

1. That an emergency situation does exist that requires action more expeditiously than allowable under normal discretionary permit procedures.

2. That the establishment, maintenance or operation of the use or structures approved by the Emergency Permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such approved use, or, be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County.

3. That the work authorized by the Emergency Permit is the minimum amount of work required to mitigate the emergency situation.

4. That the work authorized by the Emergency Permit is consistent with the provisions of the Monterey County General Plan and applicable area plan (Inland only) or the Monterey County Local Coastal program (Coastal Zone only).

(Monterey County Code Sections 20.79.050.B and 21.75.050.B)