Do You Need a Permit for Excavation in Chicago? Depth Rules

Do you need a permit for excavation in Chicago? It depends on how deep you dig and how close you dig to a building or the public way. Shallow digging out in the yard may not need a building permit. Digging along your house, or deeper than the City's thresholds, does. Either way, there are three rules that apply even when the permit does not.

This page covers the permit side. For the utility call, read Chicago 811: call before you dig. For the full picture of digging and foundations, see our excavation and foundation guide.

What are the depth rules for excavation in Chicago?

The City's guide to building permits lists the excavation exemption in two parts (City of Chicago):

Read the second row carefully. The 10 foot allowance only helps you if the hole is more than 5 feet away from your building, a neighbor's building, or the street, alley or sidewalk. A trench along a foundation never qualifies for it, so the practical limit there is 5 feet.

The City also says a Stormwater Management Plan may be required when an excavation disturbs 15,000 square feet or more, or when new or reconfigured impervious surface reaches 7,500 square feet or more (City of Chicago). That is rare on a typical lot, but it can matter on a large one.

These rules change, so confirm current thresholds with the Department of Buildings before you plan around a number.

What about excavation deeper than 12 feet?

The City's Standard Plan Review program, the main permit path when architectural plans are required, lists "foundations and excavation not more than 12 ft deep" among its criteria. It also requires an architect to prepare the drawings and zoning approval for every project (City of Chicago).

What that means in plain terms: a dig deeper than 12 feet falls outside the Standard Plan Review criteria. We are not going to guess which review path applies to your project. Ask the Department of Buildings, and expect the answer to involve design professionals and plans. The City also runs other permit programs, including Developer Services for moderate to complex projects (City of Chicago).

Between 5 and 12 feet, in practice, is where most basement and foundation work lives. That is the range where the exemption ends and a permit and drawings begin. For a deep look at that scenario, read digging out a Chicago basement.

What still applies when no permit is required?

An exemption from the permit is not an exemption from the rules. Three things stay in force.

1. The 811 call. Chicago's one-call system, 811 Chicago (DIGGER), is free, run by CDOT, and requires at least two business days of notice, excluding weekends and holidays, for non-emergency excavation. The number is 312-744-7000, or you can file an online ticket. It applies to homeowners and private property too (City of Chicago). Under Illinois law, notice must be given not less than 2 days and not more than 10 days before the work starts, the area has to be pre-marked, and crews use hand or vacuum excavation within the tolerance zone (Illinois General Assembly). JULIE is the statewide system, but in Chicago you call 811 Chicago.

2. A licensed contractor. The City says an individual without a general contractor license cannot perform or oversee work that needs an excavation notice (City of Chicago). A Chicago general contractor license is required for most construction work, including work that is exempt from a building permit (City of Chicago). The owner exception for a primary residence specifically excludes excavation (City of Chicago).

3. The code itself. The City notes that work done under a permit exemption must still comply with all the construction codes (City of Chicago).

When does a dig need other permits too?

A hole is rarely the whole job. A few add-ons come up often:

• Public way use. Scaffolding, dumpsters, spoil piles or equipment in the street, alley, sidewalk or parkway need a separate CDOT permit (City of Chicago).
• The work in the hole. A footing, wall repair or new foundation has its own permit path, separate from the excavation exemption. Ask the Department of Buildings how your specific work is reviewed.
• Sewer and water. The City lists sewer and water as specialty permits (City of Chicago).

Questions to ask before anyone digs

• How deep is the excavation, and how far is it from the building and the public way?
• Is the work exempt, and if so, how do you know? What did the Department of Buildings tell you?
• Who is calling 811 Chicago, and can I see the ticket number?
• Who is the licensed general contractor on this job?
• Does the repair or new work in the hole need its own permit?
• Where does the soil go, and does anything sit in the street or alley?

If you want to read what the ticket tells you, see what an 811 Chicago ticket shows. If the dig is near a neighbor's wall, read digging next to a neighbor's wall first.

Planning to dig? Talk to us first.

Akats runs excavation in-house, is licensed and insured in Illinois, and works in English and Spanish. We will tell you what the depth and location mean for your permit, call 811 Chicago, and keep the paperwork straight. Our excavation team will walk the site and give you a free estimate.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.