Start a development project on land that may be contaminated

The Maher Ordinance requires performing environmental site assessment, mitigation, and if needed, remediation for development on sites with known or suspected contamination. If the Maher Ordinance applies to your project, we must provide regulatory oversight for your project. We will guide you through permitting, technical review, and compliance.

The following steps describe the general requirements for development projects on private property. We will evaluate specific requirements on a case-by-case basis. Contact us if you have any questions.

The Maher requirements apply to your project if:

• You will disturb 50 cubic yards of soil or more

• You need a site or grading permit from the Department of Building Inspection

• Your project is in the Maher area

If the Maher requirements do not apply, then you do not need to apply to our program to get your site or grading permit.

Check the San Francisco Planning Information Map to see what areas we already know are in the Maher Area. The Maher Ordinance generally applies to areas:

• With current or past industrial use or zoning
• Within 100 feet of current or past underground storage tanks
• That used to be part of the bay, marsh, or creek areas
• Within 150 feet of a current or former elevated highway

Learn more about the specific land included in the Maher area in Building Code Section 106A.3.2.4.1.

Apply with our Site Assessment and Mitigation Program as early as you can to avoid project delays. Apply before you submit your building or grading permit application to the Department of Building Inspection. 

You need a qualified environmental professional to perform this work.

To comply, you may need to submit:

• A Site History Report
• A Subsurface Investigation Work Plan
• A Subsurface Investigation Report
• A Site Mitigation Plan

If needed, you may also need to submit:

• A Health and Safety Plan
• A Site-Specific Dust Control Plan
• A Cap Maintenance Plan
• A Vapor Intrusion Mitigation System Design

This is a stepwise process, so plan ahead to see how this may affect your schedule. Learn more about the requirements for these documents.

Once your caseworker determines you have met pre-construction requirements, you may apply to the Department of Building Inspection for your building or grading permit.

You need a building or grading permit to start earth work. Submit your building permit application with:

• A Department of Public Health (DPH) program routing checklist
• A compliance letter from us, such as:
  • A Maher waiver
  • A letter approving a Site History Report which presents no evidence that hazardous materials may be at your site
  • A letter approving a Subsurface Investigation Report which presents data indicating no hazardous materials are at your site
  • A letter approving your Site Mitigation Plan, Health and Safety Plan, and Dust Control Plan (where applicable)
  • A letter saying that the site has completed an equivalent regulatory process

Once you submit your plans, the Department of Building Inspection (DBI) will send them to us. We will update your permit application and approve your plans as appropriate. We will ask for the Temporary Certificate of Occupancy (TCO) for sign-off.

Once your have a site or building permit, you may implement your project. If you need a site permit in advance of compliance, see "Special cases" at the bottom of this page.

If your site depends on an engineered control to keep people and the environment safe, such as a soil cap, or a vapor intrusion mitigation system, a plan is required to inspect and maintain those controls. Plans may include:

• Cap Maintenance Plan
• Operations, Maintenance, Monitoring, and Reporting Plan

These plans must describe the site, the engineering controls, inspection and monitoring, and reporting responsibilities.

If your site depends on an engineered control, you may need to submit inspection or monitoring results which demonstrate the control is working, and that the building is safe to occupy. This requirement will depend on what engineered controls are in place.

The final Site Mitigation Completion Report must include:

• Description of the Site Mitigation Plan (SMP)
• Description of cleanup/mitigating measure work
• Any incidents that needed a contingency plan
• Documentation of soil and groundwater transportation, disposal, and testing
• Verification documentation
• As-built drawings
• Confirmation sample results
• Waste manifests
• Dust monitoring data

If your building will be occupied, you need to get your Temporary Certificate of Occupancy (TCO) approved. 

If DPH has approved steps 6, 7, 8, you may submit your temporary certificate of occupancy (TCO) for DPH approval. This is the earliest point at which DPH can approve the TCO, and additional requirements would need to be tracked on the Certificate of Final Completion and Occupancy (CFCO). Requirements may differ on a case-by-case basis.

If your project is complete and you still have significant hazardous substances in the soil, groundwater, or soil vapor, you might have to record a Land Use Covenant (LUC). This is also called a deed restriction. A LUC tells current owners about hazardous substances under the property, activity use limitations (AULs), and any required activities to ensure the property remains safe for it's intended use. If your property has a deed of trust or mortgage, you might also need a subordination agreement.

• Use our LUC deed restriction template
• If needed, use our Subordination Agreement template
• Make edits to the template with track-changes on
• Update the draft and submit it for review
• We will work with the City Attorney's Office to approve the LUC
• Get notarized signatures
• Submit the document to the City's Assessor-Recorder’s office.

Activity use limitations (AULs) may include:

• Restrictions on sensitive uses
• A requirement to implement an Operations, Maintenance, and Monitoring Plan
• Other administrative or engineering controls

At this point in your project, you will need to pay all your invoices. 

You may receive a No Further Action letter after your account balance is settled.

If DPH has approved steps 9, 10, and 11, you may submit your Certificate of Final Completion and Occupancy (CFCO) for DPH approval.