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Public Works

San Diego Grading & Right-of-Way Bonds (Form DS-401)

Most bond delays at San Diego Development Services Department are not underwriting problems. They are form problems. The City bonds grading permits, public right-of-way permits, and maps on its own document, and a bond issued on a surety's standard form comes back. Here is what that means before you apply.

Illustration for the guide: San Diego Grading & Right-of-Way Bonds (Form DS-401)

The form is the requirement

A surety bond is a three-party guarantee, and normally the surety decides what paper it issues on. Public agencies often override that, and San Diego is one of them. For grading permits, public right-of-way permits, and maps, the City requires its own bond form, DS-401, and states that it does not accept insurance company letters or other insurance company documents in place of it.

The requirements are published by the Development Services Department in Information Bulletin 126, “Bonding for Grading/Public Right-of-Way Permits and Maps. That bulletin is the authority and it is revised periodically, so check it for the current amounts, release process, and which security a given permit calls for rather than relying on what a contractor told you last year.

What this is not

This trips people up, so it is worth stating plainly. Information Bulletin 126 is about permit and development security: the bond that stands behind grading, public improvements in the right-of-way, and the survey and infrastructure work tied to a map. It is not the rule for a performance bond on a City construction contract.

If you are the apparent low bidder on a City of San Diego construction contract, you post an ordinary contract performance bond, alongside a payment bond, on whatever form that contract specifies. Same city, different requirement, different moment in the job. Bring the wrong one and you lose a week.

Why the bond comes back

Sureties issue thousands of bonds a month on their own standard forms. Unless someone tells the underwriter that this one is for San Diego Development Services Department, the bond arrives on the surety's paper, the counter rejects it, and the permit waits while a corrected bond is executed and re-sealed. Nothing about the underwriting changes. The week is lost entirely to paperwork.

The fix is unglamorous: say so up front. Name the agency, name the permit or map, and give your broker the approved cost estimate the amount is based on. A bond issued correctly the first time is the whole game here.

How the amount gets set

For this kind of security the amount is not something you or your surety choose. It comes from the agency's approved estimate of the work, which is why the estimate should be settled before the bond is ordered. We cover the mechanics of that, and the part most developers underestimate — getting the security released once the work is accepted — in California subdivision improvement bonds. The same logic drives permit bonds generally.

Note that under the Subdivision Map Act (Gov. Code §66410 et seq.), a subdivider may secure improvements with a bond, a cash deposit, or an instrument of credit. Which of those San Diego will take for your specific permit, and on what terms, is a question for Information Bulletin 126 and the plan reviewer, not for a general article.

Bonding San Diego work generally

Development Services is one counter among several. Contractors chasing public work in the region also deal with the County, the Port, SANDAG, and the school districts, each with its own bidding process and its own bond forms. Our San Diego surety bond page lists the purchasing pages for each, and how to bid public works in California walks the sequence from bid bond to final release.

If your file is the complicated part rather than the form — new entity, thin financials, a prior claim — that is placeable too. See hard-to-place surety bonds, or send us the permit and we will tell you what the City will want.

Questions

FAQs

Reviewed by Michael Melshenker, CEO. Updated June 2026.

What is San Diego form DS-401?
DS-401 is the City of San Diego's own surety bond form for bonding grading permits, public right-of-way permits, and maps. The City requires its form to be used, and does not accept an insurance company letter or other insurance company documents in its place. The requirements are set out in Information Bulletin 126, "Bonding for Grading/Public Right-of-Way Permits and Maps".
Does a performance bond on a City of San Diego construction contract use DS-401?
No, and this is worth getting right. DS-401 and Information Bulletin 126 cover bonding for grading permits, public right-of-way permits, and maps, which is permit and development security. If you are the low bidder on a City construction contract, you post an ordinary contract performance bond on the form that contract specifies. They are different requirements arising at different moments.
Why did Development Services reject my bond?
The most common reason is the form. A surety will issue on its own standard paper unless told otherwise, and the City wants its own. Tell your broker up front that the bond is for San Diego Development Services Department, name the permit or map, and the bond gets issued on DS-401 the first time.
Can I post cash instead of a bond?
Agencies commonly allow a choice of security, and for subdivision improvements the Subdivision Map Act expressly permits a bond, a cash deposit, or an instrument of credit. Which options San Diego accepts for a given permit, and on what terms, is set out in Information Bulletin 126. Most developers still choose the bond, because a deposit ties up capital for the length of the project while a bond costs a fraction of the amount each year.
How long does it take to get one issued?
For an established contractor or developer with current financials on file, often the same day or the next. The delay is almost never the surety. It is discovering at the counter that the bond is on the wrong form, or that the amount does not match the approved estimate, and having to start again.