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With sunny weather, we in Albany turn to thoughts of outdoors and backyards. Maybe you're ready to replace or add a deck, patio cover, or some other outdoor enhancement to your home.

Depending on the project, permits or land use approvals may be required. The Community Development Department’s Building Division has identified some common projects that may or may not require building permits.

Patio Covers

Patio covers are a great way to create seasonal outdoor living space. Smaller patio covers may be exempt from permitting requirements. Larger patio covers will require permits, and in most cases, an engineer or architect’s design.

Patio covers meeting all of the following criteria would not require building permits:

  • 200 square feet or less; and
  • Supported by an exterior wall of the adjacent building; and
  • Has a height of 12 feet or less; and
  • On the longest exterior wall and one additional exterior wall, 65 percent of the walls are open or enclosed with glass, other opaque material, or screen below 80-inches in height; and
  • Cover does not extend into the required setback from the property line to comply with the Albany Development Code; but not less than three feet for the building code.

Decks and Patios

deckDecks and patios provide a great place to play and enjoy your yard.

Decks and patios that are entirely within 30 inches of the ground do not require permits, where no point within 36 inches out from the deck’s edge exceeds the 30 inch height.

Two story decks and decks 30 inches or more above the ground would require a building permit.



Retaining Walls

As you are sprucing up your landscaping or performing a backyard makeover, retaining walls that exceed four feet in height from the footing to the top of the wall will require a building permit.

Smaller walls that support structures, driveways, and uphill slopes will also require building permits.

Accessory Structures

Most accessory structures will require a building permit.

shedSmaller accessory structures for tool sheds, shops, gazebos, pergola, carports, and garages less than 200 square feet and less than 15 feet tall do not require a permit; however, they do need to comply with setbacks from the property line. The height limitation is measured from the ground to the average height of the highest roof. Structures that are used for living space, regardless of size, will require a building permit.

When considering a new accessory structure, please keep in mind many purchased at the home improvement stores and similar resellers will not meet building code requirements. Often these structures require alterations or engineering to meet building code requirements during the permitting process.



Fences do not require a permit, but in most residential areas have a maximum height. Fences near the front yard have other height limitations.

Prior to placing a fence, we recommend talking with staff for more details.

When building permits are not required, the project will still need to comply with setbacks, land use requirements, and other requirements of the Albany Development Code and Albany Municipal Code.


For questions about your project, contact the Community Development staff:

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Staff are available from 8:00 a.m. to 5:00 p.m. to assist with permitting requirements or questions you may have about your projects.

Additional handouts and guides can be found at

The Community Development Department guides growth and development within Albany by balancing the needs of current residents with those of future generations to ensure that the community remains a vibrant and desirable place to live, work, and play.

Contact us



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 333 Broadalbin SW (2nd floor)

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