Home > 14 > 05

Title: 14 - Buildings and Constructions

Chapter: 05 - Grading Excavating and Filling

Section: 50 - Exceptions from permit requirement

All grading shall require the issuance of a building and grading permit pursuant to this title except that such permit shall not be required for the following:

A.  Cultivation for the production of agricultural products including the rearing and management of livestock and the maintenance and repair of existing dikes, levees, drainage ditches and similar agricultural drainage systems pursuant to Title 20 and 2 1, DNCC

B.  The maintenance opening of the sandbar at Lake Talawa when consistent with agreements negotiated between the county and the California Department of Fish and Game

C.  Subsurface geologic exploration by a civil engineer, soil engineer, engineering geologist, or archaeologist required as part of an application for a permit such as a soils analysis or as a condition of approval of a project:

D.  Activities involving grading and/or vegetation removal which is undertaken pursuant to a valid permit to engage in that activity issued by a public agency other than the county charged with control or regulation of the activity and related grading, such as timer harvesting and coastal zone permits issued pursuant to Section 21.50.040 DNCC,

E.  Grading and/or filling for cemetery graves where the cemetery exists prior to the adoption of this section or where a grading plan has been reviewed as part of a use permit:

F.  Operation of refuse disposal sites for which permits have been issued

G.  Grading conducted during a civil emergency or natural disaster to relieve or correct conditions caused by such emergency or disaster or to make emergency firebreaks. Within the California Coastal Zone, the provisions of Section 21.50.050 DNCC shall apply,

H.  Within the California Coastal Zone, grading subordinate to a use established prior to 1976 or by a coastal permit (or equivalent) such as gardens, yards, landscaping, native wooded habitat maintenance and driveways where:

1.  Cuts and/or fills do not exceed five and/or three feet respectively and

2.  The subordinate use area does not conflict with the requirements of any RCA, W or C zoning district,

I. Outside of the California Coastal Zone, grading where:

1.       Less than five hundred cubic yards of material is involved, and

2.       Cuts which do not exceed five feet and are no steeper than two horizontal to one vertical, and

3.  Fill less than one foot deep placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures and which does not obstruct a drainage course:

J.  Outside of the California Coastal Zone, temporary excavation for installation of underground storage tanks when no permanent change is made in the existing terrain and the excavation is refilled and temporary trench or pit excavations for the purpose of installing underground or overhead utilities.

No exemption shall apply to any grading that significantly effects any off-site drainage or that significantly effects the lateral support of or increases the stresses in or pressure upon any adjacent or contiguous property not owned by the owner of the land upon which such grading is performed.

No exemption provided in this section shall apply to any activity for which a permit or other entitlement for use is required to be issued by Del Norte County unless the application for that permit includes a grading plan for any grading related to the activity which has been found to be in conformance with the grading standards or an engineered alternative has been approved.

 

(Ord. 86-04 § 1 (part). 1986, Ord. 83-03 (part), 1983.)