13-5 - Exemptions.

A grading permit shall not be required if the amount of grading is fifty (50) cubic yards or less or meets any of the conditions specified below:

(a)

Excavation and grading authorized by a valid building permit as provided for under appendix J—Grading of the California Building Code, as adopted by section 26-1 of Chapter 26 of this Code; provided, however, that if the excavation and grading to be performed includes the construction of a driveway longer than one hundred fifty (150) feet, the Building Division shall, before issuing the building permit, direct the applicant to apply to the director for a determination of exemption pursuant to Section 13-5.1

(b)

Construction of roads for forestry or fire protection purposes, as required by a governmental fire protection agency.

(c)

Excavations for: cemetery graves, tunnels, wells, mining, quarrying, undergrounding of utilities, public works projects, archaeological sites, or dams and public refuse disposal sites, controlled by other regulatory agencies.

(d)

Emergency projects due to landslides, road and bridge washouts, flooding or other natural disasters.

(e)

Routine maintenance of roads or manmade or engineered flood control channels and levees.

(f)

Grading specifically authorized by the terms of any discretionary permit or approval granted by the County of Butte.

(g)

Routine agricultural grading maintenance to support, keep, replace, refurbish, replant, cultivate and continue in an existing state or condition without decline, including existing agricultural improvements, such as, but not limited to, fields, pastures, crops, vineyards, orchards, facilities, buildings, structures, walls, fences, poles, ponds, reservoirs, dams, pipes, irrigation systems, bridges, and roads. All other agricultural grading for the conversion of existing non-agricultural vegetation to an agricultural operation will require an Agricultural Process Grading Review by submission of an Agricultural Grading Application to the Butte County Agricultural Commissioner for review and approval.

(h)

Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

(i)

Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act.

(j)

Clearing of vegetation for fire protection purposes within one hundred (100) feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required in writing by a fire prevention or suppression agency.

(k)

Construction pursuant to subdivision plans or site improvement plans, which have been approved by the Department of Public Works. The off-site storage of excess soil from approved projects to be used as fill for other approved projects is exempt as long as proper erosion and sediment controls are maintained at the stockpiled storage site.

(l)

Maintenance of irrigation and drainage facilities.

(m)

An excavation for a sewage disposal system or a well that is constructed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.

(n)

An excavation for installation, closure, or remediation of an underground storage tank, performed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.

(o)

An excavation for removal or remediation of site contamination, performed under the oversight of the Butte County Public Health Department, Environmental Health Division, or the California Environmental Protection Agency, or the United States Environmental Protection Agency.

(p)

Filling an area previously excavated due to the removal of a residential or commercial building that was damaged or destroyed by fire with soil that is compatible with the existing soil of the site. The area of the fill shall not exceed the area of the excavation, and the grade of the fill shall conform to the existing, natural features of the site.

(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 2954, § 1, 9-24-91; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4192, § 1, 1-12-21)

(a)

Any person who is proposing to perform grading that does not qualify for any of the exemptions in section 13-5 and exceeds fifty (50) cubic yards may apply for a determination of exemption, if the proposed grading is within one (1) of the following categories:

(1)

An excavation that does not exceed ten (10) feet in vertical depth at its deepest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.

(2)

Fill on a slope of twenty (20) percent or flatter that does not exceed ten (10) feet in vertical height at its highest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.

(3)

Exploratory excavations which do not exceed one thousand (1,000) cubic yards at any one (1) site.

(b)

The application for determination of exemption shall describe the grading which is proposed including the following information: Maximum depth of excavations and fills, maximum slope of area to be graded, volume of excavations and fills, purpose of the grading, and the nature of land use proposed in connection with the grading, potential drainage impacts, and environmental constraints. The application for determination shall be made on a form approved by the director, shall identify the property by assessor parcel number and street address, and shall be accompanied by a location map and plot plan. Upon receipt of the completed application the director shall review it and may make a site inspection and request any additional information necessary to determine whether or not the proposed grading is exempt. The director shall, within ten (10) days from his receipt of all information reasonably necessary, make his

determination and mail notification thereof to the applicant stating whether the proposed grading is exempt or a grading permit is required.

(c)

Any person receiving a determination of exemption shall comply with the erosion and sediment control requirements as specified in subsections (1) and (2) below:

(1)

All excavations or fills that disturb one (1) acre or greater must comply with the State Construction Stormwater Permit and supply a copy of the required Storm Water Pollution Prevention Plan (SWPPP) to the Public Works Land Development Division.

(2)

Excavations or fills that disturb less than one (1) acre must comply with Butte County Code Chapter 50 regarding the installation and maintenance of Best Management Practices to prevent the offsite discharge of sediments and pollutants from the disturbed site. Submittal of an Erosion and Sediment Control Plan may be required.

(d)

It shall be unlawful for any person to commence grading of a type described in subsection (a)(1), (2), or (3), or to excavate or grade a driveway longer than one hundred fifty (150) feet as provided in section 13-5(a), unless and until he or she has obtained a determination of exemption from the director or a grading permit pursuant to this article.

(Ord. No. 2954, § 2, 9-24-91; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4263, § 2, 5-27-25)