What Do TRPA Rules Mean When You Buy a Lake Tahoe Home?

The thing that surprises my buyers most about Lake Tahoe is this: you can't add anything you want to your own property here. A bigger deck, a garage, a wider driveway, a new patio. All of it depends on rules set by the TRPA (Tahoe Regional Planning Agency), and on one number most buyers have never heard of.

I'm Angela Roberts with Tahoe Homes by Angela, and I help buyers on both the California and Nevada sides of the lake. Before any of my buyers writes an offer, I check three things: whether a site assessment is on file, the BMP certificate and the permit history. Here's what each one means for you, in plain words.

The TRPA is the Tahoe Regional Planning Agency. California and Nevada created it together through a bi-state compact, and Congress ratified it in 1969. Its job is to protect the lake, so its rules cover the whole Tahoe basin, on both sides of the state line.

For a homeowner, the TRPA's rules touch what you build, what you pave, which trees you remove and, on the shoreline, piers and buoys. Your city or county has its own rules on top of the TRPA's. That's one reason a home that looks simple can carry questions a buyer from somewhere else wouldn't think to ask.

Coverage is the amount of land on a lot that's permanently covered or disturbed. The TRPA counts the house, the driveway and even compacted soil. How much coverage a lot is allowed depends on the land itself. The TRPA sorts land into capability classes, and the most sensitive land is allowed far less than the most stable land.

Here's what matters when you buy. Many lots are already maxed out on coverage, and that includes most newer builds. Older homes often still have some coverage left, because people didn't build them as large. It really depends on the property.

The catch is that you usually can't find out before you buy. Unless a site assessment is already on file with the TRPA, there's no way to confirm a lot's coverage ahead of time. That's why the first thing I look for is whether one exists. You can't get it done before you write an offer, and you can't get it done during escrow. A new site assessment means waiting several months for the TRPA to check whether there's any additional coverage available.

If you want to remodel, any interior remodel is completely fine. You go through the proper building department permitting process, the same as anywhere. Adding on is different. It's something I can never promise anybody unless there's already a site assessment on file. So if adding on is part of your plan, plan as though there's no extra coverage unless a site assessment on file says otherwise. In some cases coverage can be transferred from another parcel, and on the California side it can be bought through the California Tahoe Conservancy, but that's its own process with its own wait.

BMP stands for Best Management Practices. They're the measures that keep rain and snowmelt from carrying dirt and runoff off a property and into the lake. The TRPA requires every developed property to install and maintain them. When a property meets the requirements, the TRPA issues a BMP certificate.

When a home sells, the seller discloses its BMP status to the buyer, and the disclosure goes to the TRPA within 30 days of the sale. I check that status before you write an offer, so you know whether the home has its certificate or whether BMP work is still ahead of you.

A deck, an addition or a new driveway can need a TRPA permit, because each one can add coverage. Some projects on single-family homes are reviewed by the local building department under agreements with the TRPA, so who issues the permit depends on where the home is and what the project is.

When work was done without the right permit, the problem goes with the house. I look at the permit history before you're in contract, so we can talk about anything that doesn't line up while you still have choices.

You can look too. The TRPA's free Lake Tahoe Info Parcel Tracker lets you search by parcel number and shows a property's BMP certificate status and its TRPA permits, often with the scanned documents.

Three more places TRPA rules show up for buyers:

• Trees. Removing a live tree more than 14 inches across at chest height needs a permit. On a lakefront lot, the limit between the house and the lake is 6 inches. Tree removal for defensible space can be permitted by your local fire district. More on my Firewise communities page.
• Piers and buoys. The TRPA caps the number of moorings on the lake, and new buoys are handed out by an annual lottery. If you're buying on the water, read buying a lakefront home in Lake Tahoe.
• Vacation rentals. Rental permits come from the city or county, not the TRPA, and the rules differ around the lake. See my vacation rental rules page.

Decide what you'd want to add or change about a home before you fall for one, because that decides how much the coverage matters. Then let me check for a site assessment, the BMP certificate and the permit history on the homes you're serious about, before an offer goes in.

You can read more about buying a home in Lake Tahoe, how I help you buy and the towns I work in around the lake. When you're ready, tell me what you're looking for, or call or text me at 530-208-7081. You can also read more about me.

This post is general information about how I help buyers. It isn't legal or land-use advice. The TRPA and your city or county make the final call on what can be built, so verify anything that matters to your plans with them.

Angela Roberts of Tahoe Homes by Angela (Mountain Luxury Properties) is a Lake Tahoe real estate agent serving both the California and Nevada sides, helping buyers check for a site assessment, the BMP certificate and the permit history before they write an offer. 530-208-7081. tahoehomesbyangela.com. CA 01950736. NV S.0179450.