Creek Maintenance

Creeks in Your Yard: What Property Owners Need to Know

Natural creeks flow throughout Fairfax and the Ross Valley, adding beauty, wildlife habitat, and value to nearby properties. Creeks also play an important role in stormwater drainage and flood protection.

If your property borders a creek, it can be a wonderful amenity—but it also comes with additional responsibilities. This page is designed to help creekside property owners understand:

  • Who is responsible for creek maintenance
  • What work requires permits
  • What routine maintenance is allowed
  • When the Town may step in

Why Creeks Matter

Creeks are dynamic, living systems. They:

  • Provide habitat and travel corridors for wildlife
  • Help manage stormwater during heavy rains
  • Naturally change over time through erosion and sediment movement

Because creeks are environmentally sensitive, activities in and around them are regulated by multiple agencies.

Geographic Overview: Our Local Creek System

San Anselmo Creek is the largest stream in the Corte Madera Creek watershed, which covers approximately 28 square miles of central Marin County and drains the Ross Valley.

  • The creek originates in Cascade Canyon in Fairfax
  • It is joined upstream by Fairfax Creek, Sleepy Hollow Creek, and Sorich Creek
  • Downstream of San Anselmo, it merges with Ross Creek and becomes Corte Madera Creek
  • It eventually flows into San Francisco Bay near the College of Marin

Creek Ownership & Easements

Most creek-adjacent land in Fairfax is privately owned. Property lines typically extend:

  • To the centerline of the creek, or
  • To the top of the creek bank

In most cases, this means property owners are responsible for creek bank maintenance and repair.

What about Town easements?

  • The Town does hold some easements on private property
  • Easements vary by parcel and usually do not assign routine maintenance responsibilities
  • Easements typically allow access or the maintenance of specific facilities

You can find easement information in your property’s title report.

Permits & Regulations for Creek Work

Creeks and the water flowing through them are protected by State and Federal law. Several agencies may have jurisdiction depending on the type of work proposed.

Federal Agencies

  • U.S. Army Corps of Engineers
    Regulates placement of fill (including riprap) under the Clean Water Act (Section 404)
  • National Marine Fisheries Service & U.S. Fish and Wildlife Service
    Protect fish habitat and riparian vegetation
  • FEMA (Federal Emergency Management Agency)
    Oversees additional requirements in flood-prone areas through the National Flood Insurance Program

State Agencies

  • Regional Water Quality Control Board (RWQCB)
    Oversees water quality impacts
  • California Department of Fish and Wildlife (CDFW)
    Regulates work affecting creek habitat and streambeds

Local Requirements

  • Construction near a creek may require Town and/or County permits
  • Projects should begin with the Town of Fairfax Building Department
  • Fairfax Municipal Code requires structures to be set back at least 15 feet from the top of the creek bank

Routine Creek Maintenance by Property Owners

Creeks naturally erode and shift over time. When homes and structures are close to creek banks, ongoing maintenance may be needed—but not all work is helpful, and some actions can make problems worse.

Important things to know:

  • Vegetation helps prevent erosion and stabilize banks
  • Woody material in creeks can be ecologically beneficial
  • Clearing everything from a creek can increase erosion and flooding risks

Helpful maintenance practices:

  • Keep creek banks free of structures and stored materials
  • Avoid placing decks or buildings too close to the bank
  • Maintain large trees to prevent limbs from blocking water flow during storms

Activities That Do NOT Require Permits

You may do the following without permits:

  • Removing man-made trash or debris from the creek or creek bank
  • Minor trimming of creek bank vegetation
    • Focus on low branches
    • Preserve upper vegetation for shade and bank stability

Activities That DO Require Permits

Permits are required for:

  • Large-scale removal of natural debris from the streambed
  • Tree removal
  • Altering or armoring creek banks
  • Dredging or reshaping the channel
  • Installing any physical structure
  • Dumping dirt, rocks, or fill into the creek or eroded banks

⚠️ Before starting any significant creek work, property owners should seek professional or regulatory guidance.

Creek Maintenance by the Town of Fairfax

The Town partners with the Marin County Flood Control District to perform limited creek maintenance for flood control purposes.

  • Public Works surveys creeks to identify problem areas
  • Work is prioritized based on risk and available funding
  • Property owners may be notified if maintenance is needed on private property

Emergency situations

In emergencies—such as fallen trees blocking flow during major storms—the Town may take action to reduce flooding impacts.

Helpful Online Resources

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