Who’s Allowing What? A County-by-County Breakdown of California’s Stay-at-Home Restrictions on Construction
Fri Apr 24, 2020
On March 19, 2020, California’s Governor issued his directive ordering Californians to “stay at home,” and ordering non-essential businesses closed. Unlike other state’s orders – including, for example, California’s neighbor-to-the-north, Washington – Governor Newsom’s order exempted many construction activities from his order, labeling the construction industry an essential critical infrastructure sector.
Many counties took the stay-at-home directive into their own hands, and issued their own set of guidelines with respect to permissible construction activities. While some issued more restrictive guidelines, other counties issued orders with more relaxed requirements than those issued by Governor Newsom. Whether these more relaxed county requirements trump the state’s order is debatable.
Unsurprisingly, the counties are all over the map on the type of construction activities allowed. For example, Sacramento County issued a blanket permission for construction, while Mendocino County has a very specific order on what is and is not allowed. County-by-county differences also impacts the interplay between the business and its people (i.e., workers). Whether a construction business can stay open and operational in a particular county may not necessarily be compatible with whether its employees residing in a neighboring county are permitted to leave their homes and go to a job that their county deems non-essential.
Below is a county-by-county list of the local ordinances and directives, as well as examples of types of construction permitted in those counties. The provided examples are just that and are not intended to encompass all of the work permitted under the county order. Those utilizing this information should review the orders in full and consult counsel as to specific questions.
*UPDATE April 29: Bay Area Counties Revise and Extend their Stay at Home Orders*
| County | Link to Order | Examples or Types of Construction Permitted |
| Alameda | Click for link | Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 5, 13.f, and 13.f.v of Order for list |
| Alpine |
None as of 4/14/2020; Governor’s Order only
|
Essential Critical Infrastructure; see link above for definition |
| Amador | Click for link | All construction allowed as long as social distancing implemented and general safety maintained |
| Butte |
None as of 4/14/2020; Governor’s Order only
|
Essential Critical Infrastructure; see link above for definition |
| Calaveras |
|
Same as Governor’s March 19, 2020 Order; Essential Critical Infrastructure |
| Colusa |
|
“Essential Infrastructure” permitted; includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 11.c for complete list) |
| Contra Costa |
|
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 3, 5, 13.f, and 13.f.v of Order for list |
| Del Norte |
None as of 4/14/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition |
| El Dorado |
Extended to April 30, 2020 per this order: |
“Essential Infrastructure” permitted; includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 11.c for complete list) |
| Fresno |
No orders specific to construction activities or industry, but orders for all employers (see Sec. 5.b and 5.c); Governor’s Order is only one in place that specifically mentions construction |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Glenn |
None as of 4/14/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Humboldt | Click for link |
“Essential Infrastructure” permitted; includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 9.c for complete list) |
| Imperial
|
Safety requirements for those working in critical infrastructure:
March 30, 2020 Order: |
Same as Governor’s March 19, 2020 Order; Essential Critical Infrastructure |
| Inyo | Orders applicable to all employers:
Otherwise, for construction, Governor’s March 19, 2020 Order is in place |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order |
| Kern | General Order prohibiting gatherings | Unclear.
Order prohibits “public or private gatherings” which are defined rather broadly in the Order; it is not clear whether the county’s order prohibiting gatherings supersedes the Governor’s March 19, 2020 |
| Kings | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order |
| Lake |
Addendum 3 to Order extending it to May 3, 2020 |
“Essential Infrastructure” permitted; includes public works, housing, waste management, utilities, roads, highways (See Order, Secs. 10.c, 10.f.i) |
| Lassen | None as of 4/19/2020; Governor’s Order only | Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Los Angeles | Click for link |
Allows construction, provided required safety and social distancing measures are in place and followed |
| Madera |
None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Marin | Click for link | “Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 13.c for list); includes construction designated “Essential Governmental Function” by Agency with authority; and specific construction listed (Sec. 13.f.v); See also Secs. 3, 5, 13.a, 13.d, and 13.f.v |
| Mariposa |
None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Mendocino | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order; construction designated “Essential Governmental Function” by Agency with authority; specific construction also permitted (Sec. 9.g.vi for list); See also Secs. 2, 3, 9.a.iv, 9.c, 9.d) |
| Merced | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order; construction designated “Essential Governmental Function” by Agency with authority see Secs. 3, 4, 12.a, 12.c, 12.d, 12.e, 12.f |
| Modoc |
None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Mono |
No Order, but County Memorandum issued to aid in identification of industries and workers as exceptions to stat at home order issued by Governor |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order; Note that the memo linked herein may be confusing because it uses terminology broader than the definition of critical infrastructure but with no County Order, assumption is that Governor’s March 19, 2020 Order controls |
| Monterey | Click for link |
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 13.c for list); includes construction designated “Essential Governmental Function” by Agency with authority; and specific construction listed (Sec. 13.f.vi); See also Secs. 3, 5, 13.a, and 13.d |
| Napa | Click for link
4/22 Order: |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 4, 13.f, and 13.f.v of Order for list. On 4/22, construction becomes an “essential business.” |
| Nevada | “Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 5.c for list); includes construction designated “Essential Governmental Function” by Agency with authority (See Secs. 2, 5.a.iv, 5.d) | |
| Orange |
Order stating Governor’s March 19, 2020 order is in effect and supersedes county’s prior order: |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Placer | Click for link |
Essential Infrastructure permitted, see sec. 2 of Order, sec. 1 in Def. Essential Business; Def. Essential Infrastructure |
| Riverside | Click for link |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Sacramento | Yes, and see secs. 4, 12, 12.c, 12.e., 12.g.v | |
| San Benito | Click for link |
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 13.c for list); includes construction designated “Essential Governmental Function” by Agency with authority; and specific construction listed (Sec. 13.f.v); See also Secs. 3, 5, 13.a, and 13.d |
| San Diego | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order |
| San Francisco | Stay at home order (see section 13.f.v for construction industry)
Directive to develop and adopt plans specific to maintaining safety and social distancing requirements for construction projects: |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 5, 13.f, and 13.f.v of Order for list |
| San Joaquin | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order; see Secs. 3, 5, 11.a.iv, 11.b |
| San Luis Obispo | Click for link
Amendment to Order extending it until May 16, 2020 List of business allowed to remain open: |
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 11.c.
(1) for list); includes construction designated “Essential Governmental Function” by Agency with authority; and commercial construction for which work started before March 18, 2020 construction listed (Sec. 11.c.(4).w); See also Secs. 3, 4, 11.a, 11.b.(4) |
| San Mateo | Click for link |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 5, 13.f, and 13.f.v of Order for list |
| Santa Barbara |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order |
|
| Santa Clara | Click for link |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 5, 13.f, and 13.f.v of Order for list |
| Santa Cruz | Click for link |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 3, 5, 12, 12.f.v of Order for list |
| Shasta |
None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order |
| Sierra | None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Siskiyou | None as of 4/19/2020; Governor’s Order only |
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Solano | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order; see Secs. 1.b.ii, 1.b.xxiv
|
| Sonoma | Click for link |
Specific Construction permitted, includes construction designated “Essential Governmental Function” by Agency with authority; see Secs. 6, 13.f, and 13.f.vi of Order for list |
| Stanislaus | Click for link |
Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order; see Secs. 3, 5, 11.a.iv, 11.b |
| Sutter |
(note that the Health Officer has authority for Sutter and Yuba counties; this order is a Bi-County Order that also applies to Yuba County)
|
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 13.c for list); includes construction designated “Essential Governmental Function” by Agency with authority (see Sec. 13.d); Specific construction also permitted (see Sec. 13.f.xiv for list) See also Secs. 3, 4, 6, and 13.a.iv
|
| Tehama | Click for link
|
Incorporates Governor’s March 19, 2020 order; Essential Critical Infrastructure; see link above for definition as used in Governor’s March 19, 2020 executive order
|
| Trinity | No stay at home order as of 4/19/2020; Governor’s Order only
|
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Tulare | No stay at home order as of 4/19/2020; Governor’s Order only
|
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Tuolumne | Implementing Governor’s March 19, 2020 Order:
|
Essential Critical Infrastructure; see link above for definition from Governor’s March 19, 2020 Order
|
| Ventura | Click for link | “Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 17.c for list); includes construction designated “Essential Governmental Function” by Agency with authority (see Sec. 17.d); Commercial construction permitted (Sec. 17.e(23); See also Sec. 17.e
|
| Yolo | Click for link
|
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 10.c for list); includes construction designated “Essential Governmental Function” by Agency with authority (see Sec. 10.d); See also Secs. 3, 5, 10.a, 10.a.iv, 10.f.i
|
| Yuba | Click for link
(note that the Health Officer has authority for Sutter and Yuba counties; this order is a Bi-County Order that also applies to Sutter County)
|
“Essential Infrastructure” permitted, includes public works, housing, waste management, utilities, roads, highways (See Order, Sec. 13.c for list); includes construction designated “Essential Governmental Function” by Agency with authority (see Sec. 13.d); Specific construction also permitted (see Sec. 13.f.xiv for list) See also Secs. 3, 4, 6, and 13.a.iv |
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