Do you need a patio permit?
By Mario Bailey Last checked
It depends entirely on where you live, and the differences are larger than most national guides admit. We read the code, ordinance, or fee schedule published by each of 137 US counties and cities and recorded what it actually says.
Where are you building?
The rule is set locally and the spread is wide, so start with your own jurisdiction. We have read the published rule in 137 of them.
The short answer
Of the 114 jurisdictions where we have confirmed the rule, 27 require a permit outright, 79 require one only in certain conditions, 8 require no permit at all.
The most common published threshold is 30 inches, used by 9 of the 11 jurisdictions that state a threshold in inches. That leaves 2 of them on a different number, which is why a national rule of thumb is not a safe answer for your own address.
23 of the 137 jurisdictions publish nothing we could verify for this permit type. We record those as unconfirmed rather than guessing.
Where no patio permit is required at all
Howard County, Maryland, Montgomery County, Maryland, Columbus, Ohio, Fairfax County, Virginia, Bellevue, Washington, Seattle, Washington, Madison, Wisconsin, Milwaukee, Wisconsin.
The size thresholds, and how much they disagree
26 of the 137 jurisdictions publish a specific number. They do not all measure the same thing: 2 incompatible units are in use for patio permits (sq ft, inches), and they cannot be averaged into a single figure.
Measured in sq ft (15 jurisdictions)
| Threshold | Jurisdictions | Where |
|---|---|---|
| 120 sq ft | 2 | Alameda County, Contra Costa County |
| 200 sq ft | 7 | Gilbert, Sacramento County, Eugene, Portland, Corpus Christi, Dallas, Snohomish County |
| 300 sq ft | 2 | San Diego, San Diego County |
| 500 sq ft | 2 | Pasco County, Prince George's County |
| 2000 sq ft | 1 | Rochester |
| 2500 sq ft | 1 | Arlington County |
Measured in inches (11 jurisdictions)
| Threshold | Jurisdictions | Where |
|---|---|---|
| 6 inches | 1 | Fort Worth |
| 18 inches | 1 | Indianapolis |
| 30 inches | 9 | Chandler, Pima County, Aurora, Chicago, Minneapolis, Arlington, El Paso, Pierce County, Thurston County |
Thresholds are recorded as the jurisdiction states them. Which side of the number triggers the permit varies, so read your own locality's page before relying on one.
What a patio permit costs
95 of our patio permit rows carry a fee answer taken from the jurisdiction's own published schedule, across 95 localities. There is no single number to quote, and not because we did not look: jurisdictions price this permit in genuinely different ways. Some charge a flat fee, some a percentage of the job's assessed valuation, some a rate per square foot, and some do not price it at all because the work is permitted by a state agency or a utility instead. Each row below is that jurisdiction's own wording.
| Locality | What the schedule says |
|---|---|
| Greensboro North Carolina | Building Permit Fee Schedule, Document #1005 dated 12/19/24: 'Minimum permit fee - $85'. |
| Cobb County Georgia | Fee follows the small residential construction cost table, $80 base for cost up to $15,000 rising by tier to $450 (or... |
| St. Johns County Florida | No patio-specific fee line item is published. |
| Newark New Jersey | No patio line in Newark municipal code Chapter 7:2-3.1. |
| Williamson County Tennessee | No patio-specific line |
| Los Angeles County California | No patio line item is published. |
| Tulsa Oklahoma | A carport permit fee is $98.00 under Title 49, Chapter 3, Section 304. |
| Polk County Florida | Building permit fee by valuation per Construction Fees Resolution 17-025 |
| Ann Arbor Michigan | No patio specific line item is published. |
| Columbia South Carolina | Residential building permit under Code of Ordinances Sec. |
| Mesa Arizona | Patio covers and enclosures are valuation based via the Residential Rate Table, $220 minimum for the $0 to $8,333... |
| Cook County Illinois | Cook County Code of Ordinances Sec. |
A sample of the schedule-verified rows. Full figures, sources, and dates are on each locality's page, and the whole fee study is at what building permits cost.
Patio Permit rules by state
27 states, 137 counties and cities. Pick your state for the locality-by-locality comparison, or go straight to your county.
| State | Localities | Required | Conditional | Not required | Thresholds published |
|---|---|---|---|---|---|
| Florida | 28 | 6 | 14 | 0 | 500 sq ft |
| California | 14 | 6 | 8 | 0 | 120 sq ft, 200 sq ft, 300 sq ft |
| Virginia | 12 | 0 | 11 | 1 | 2500 sq ft |
| Texas | 10 | 1 | 9 | 0 | 200 sq ft, 30 inches, 6 inches |
| Arizona | 8 | 2 | 6 | 0 | 200 sq ft, 30 inches |
| Washington | 8 | 0 | 6 | 2 | 200 sq ft, 30 inches |
| New York | 5 | 0 | 3 | 0 | 2000 sq ft |
| Georgia | 4 | 1 | 0 | 0 | None published |
| Maryland | 4 | 0 | 1 | 2 | 500 sq ft |
| Michigan | 4 | 0 | 2 | 0 | None published |
| North Carolina | 4 | 2 | 2 | 0 | None published |
| Ohio | 4 | 2 | 0 | 1 | None published |
| Colorado uniform | 3 | 0 | 3 | 0 | 30 inches |
| Tennessee | 3 | 1 | 0 | 0 | None published |
| Illinois | 2 | 1 | 1 | 0 | 30 inches |
| Indiana uniform | 2 | 0 | 2 | 0 | 18 inches |
| Louisiana | 2 | 1 | 1 | 0 | None published |
| Massachusetts uniform | 2 | 0 | 0 | 0 | None published |
| Minnesota uniform | 2 | 0 | 2 | 0 | 30 inches |
| Missouri uniform | 2 | 0 | 2 | 0 | None published |
| Nevada uniform | 2 | 2 | 0 | 0 | None published |
| New Jersey uniform | 2 | 0 | 2 | 0 | None published |
| Oklahoma | 2 | 1 | 1 | 0 | None published |
| Oregon uniform | 2 | 0 | 2 | 0 | 200 sq ft |
| Pennsylvania | 2 | 0 | 1 | 0 | None published |
| South Carolina | 2 | 1 | 0 | 0 | None published |
| Wisconsin uniform | 2 | 0 | 0 | 2 | None published |
A state marked uniform applies the same verdict in every locality we checked there, usually because a statewide code forbids local divergence.
How patio permits work, start to finish
Applying
Applying for a patio permit means submitting a site plan and framing plans for a roofed patio cover, since a cover is treated as its own permitted structure regardless of size. A plain concrete or paver patio slab at or near grade is, by contrast, often exempt from that same building permit requirement.
- Filing a permit application with the local building department, which only the property owner or an authorized agent may sign, since a patio cover is treated as its own permitted structure regardless of size (IRC R105.1).
- A scaled site plan showing the new patio cover's size and location relative to the house and other existing structures, with dimensioned distances to all property lines so required setbacks can be verified before the permit is approved (IRC R106.2).
- Construction documents such as a framing plan and elevation, showing rafter or beam sizes and spacing, the distance between supporting posts, and the method of attachment to the house, drawn with enough clarity for the building official to confirm the work will conform to the code (IRC R106.1).
- For the roof structure itself, plans showing compliance with the patio cover appendix's structural limits, such as adequate footing sizes for the applied post loads, since a shallow slab on grade may substitute for a deeper footing only in limited cases up to about 750 pounds of load per post (IRC Appendix AH, Section AH105.2).
- By contrast, an at grade concrete or paver patio that is not attached to the dwelling and stays within the code's small flatwork thresholds, similar to a sidewalk, driveway, or low deck under 200 square feet and 30 inches high, commonly needs no building permit at all, so none of the plan review steps above apply (IRC R105.2).
Inspections and close-out
A permitted patio cover follows the same footing, frame, and final inspection sequence used for any small accessory structure, since the posts and roof framing have to be checked before they are covered and again once the work is done. An at grade patio slab that qualifies as exempt flatwork usually needs no building inspection at all, because inspections only attach to work that required a permit in the first place.
- A footing inspection once the excavation, forms, and any reinforcing steel are in place but before concrete is poured, confirming the posts supporting a patio cover will bear on adequate footings (IRC R109.1.1).
- A frame inspection after the rafters, beams, posts, and any required rough in work are in place but before the roof sheathing or covering material conceals them, since a solid patio cover roof cannot be signed off once it is covered without this check (IRC R109.1.4).
- A final inspection once all permitted work, including roofing and post anchorage, is complete, which the code requires before the structure may be used (IRC R109.1.6).
- An at grade concrete or paver patio that qualifies as exempt flatwork under the permit rules is not subject to any of these inspection stages, since the inspection sequence only attaches to work that required a permit in the first place (IRC R105.2).
- Each inspection has to be requested by the permit holder rather than happening automatically, and the approved plans and permit card need to be on site and available when the inspector arrives (IRC R109.3).
General practice; your locality's page carries its own process, fees, and portal. Sources: 2021 International Residential Code (IRC), Sections R105 and R106, with Appendix AH Patio Covers (named Appendix H in the 2012, 2015, and 2018 editions), 2021 International Residential Code (IRC), Section R109 (Inspections).
Find the patio permit rule where you live
Look up your locality
Hire it out
Before you sign, ask the contractor:
- Who pulls the permit, you or me, and is the permit fee included in the bid?
- Which inspections will this job need, and who meets the inspector on site?
- Is your contractor license active in this locality, and under which business name?