Del Norte County Municipal Code § 14.05

The purpose of this chapter is to promote and protect the public safety, convenience, comfort, prosperity, general welfare and Del Norte County's natural resources by establishing minimum requirements for grading, excavating and filling in order to:

1. Control flooding, erosion and sedimentation and prevent damage to off-site property and resource conservation areas.

2. Avoid creation of unstable slopes or unstable filled areas.

3. Prevent impairment or destruction of potential leach fields for sewage disposal systems.

4. Regulate de facto development caused by uncontrolled grading; and

5. Implement the policies of the general plan coastal element within the county's designated California Coastal Zone.

(Ord. 83-03 (part), 1983)

This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments establishes the administrative procedure for issuance of permits and provides for approval of plans and inspection of grading construction.

(Ord. 83-03 (part), 1983)

The jurisdiction for this chapter shall be the entire county.

(Ord. 83-07 § 2 (part), 1983)

For the purposes of this chapter, the following words and terms have the meanings indicated, unless the context in which any word or term is used or a specific provision of this code requires another meaning.

1. "California Coastal Zone" means that area of the County under the jurisdiction of the California Coastal Act as set forth by Public Resources Code Section 30103 and as delineated by the Local Coastal Program prepared pursuant to that Act. The coastal element of the county general plan serves to implement Coastal Act policies within the coastal zone.

2. "Earth material" is any soil, sand, gravel, decomposed granite, rock or other natural material or fill.

3. "Enforcing officer" is the person or body so designated by the board of supervisors.

4. "Grading" means the movement, removal or placement of any earth and/or vegetation materials except as regulated by Chapter 7.36 DNCC. Those activities excepted by Section 7.36.50 shall be considered as grading for the purposes of this chapter.

5. "Grading standards" are standards for grading, erosion con trol and sensitive resource area protection as adopted by resolution of the board of supervisors. Within the California Coastal Zone, standards shall be certified as a part of the local coastal program.

6. "Resource conservation area" means an environmentally sensitive habitat area which is a wetland, farmed wetland, riparian vegetation, estuary and/or coastal sand dune area as designated by the general plan coastal element.

(Ord. 83-03 (part), 1983)

No grading shall be done or caused to be done:

1. That will endanger any public or private property, result in the deposit of debris on any public way or significantly affect any existing wetland, drainage or other resource conservation area unless the hazard is eliminated by con struction of retaining structures, buttress fills, drainage devices, landscaping, vegetation buffers, or other means required as a condition of a building and grading permit or other entitlement.

2. On land subject to geologic or flood hazards to a degree that no amount of protective or corrective work can elimi nate the hazards to the property endangered.

3. As on-site preparation preparatory to or in association with any development which requires a permit or other entitle ment, including but not limited to coastal zone permits, tentative maps, use permits, reasoning's, building permits, mobilehome installation permits and sewage disposal per mits, until the permit or entitlement to which the grading relates is issued.

4. That does not comply with applicable grading standards, unless an engineered alternative is approved as a part of a valid building and grading permit.

(Ord. 83-03 (part), 1983)

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:

1. 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.

2. 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.

3. 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.

4. 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 timber harvesting and coastal zone permits issued pursuant to Section 21.50.40 DNCC. Where a non-County public agency with control or regulation of an

activity has determined that an exemption from an otherwise required permit for activities involving grading and/or vegetation removal can be issued outside the California Coastal Zone, such as an exemption from timber harvesting, the County Engineer, or designee, may deem the activity exempt after consultation and review of the site with the County Planner after consideration of potential impacts from the activity upon natural resources or environmentally sensitive habitat areas.

5. 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.

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

7. 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 21.50.50 DNCC shall apply.

8. 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,

9. 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.

10. 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. 2025-004 § 1 (part), 2025; (Ord. 86-04 § 1 (part), 1986; Ord. 83-03 (part), 1983)

In addition to the requirements of the grading standards, the requirements of all laws, ordinances, and regulations of the state and county, and regulations of the Industrial Accident Commission, California Department of Industrial Relations in relation to the character of the work, equipment and labor personnel involved in the project, shall be met.

Whenever the building official or county engineer determines that any existing excavation or embankment or rill on private property has become a hazard to life and limb, or en dangers property, or adversely affects the safety, use or sta bility of a public way or drainage channel, the owner of the property upon which the

excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

(Ord. 83-03 (part), 1983)

1. Except as exempted in Section 14.05.50 of this code, no person shall do any grading without first obtaining a grading permit. A separate permit shall be required for each site, and may cover both excavations and fills.

2. The provisions of Section 302(a) of the Uniform Building Code are applicable to grading, and in addition the application shall state the estimated quantities of work involved.

3. Each application for a grading permit shall be accompanied by two sets of plans and specifications, and any required supporting data such as a soil engineering report or engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the building official.

4. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:

   1. General vicinity of the proposed site.

   2. Property limits and accurate contours of existing ground and details of terrain and area drainage. 3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

   3. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective de vices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.

   4. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be affected by the proposed grading operations. Specifications shall contain information covering construction and material requirements.

5. The provisions of Section 303 of the Uniform Building Code regarding permit issuance shall apply for projects not subject to the jurisdiction of the California Coastal Zone. Permit issuance for projects within the California Coastal Zone shall be pursuant to Chapter 14.06 DNCC.

(Ord 83-03 (part), 1983)

1. Application for a grading permit for a project not requiring a coastal permit (see Chapter 14.06 for permit processing procedure for projects requiring a coastal permit) shall be made to the office of building inspectors on a form provided by said office and shall be accompanied by:

   1. Proof of ownership and access.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate location, distance from property lines, proposed improvements, septic tank and leach field, grading, etc.

   4. Two copies of building or grading plans and specifica tions (the building official may waive this requirement for small accessory structures).

   5. Where applicable, soils analysis tests and/or soil reports.

2. Projects which don't require a coastal permit shall be re viewed as follows:

   1. Upon receipt of a complete application, the department of planning and building shall review the application and, as soon as possible, circulate the application to the following listed departments for review and comment: assessor, fire department, public works department and health department. Each department shall submit a recommendation for action to the department of public works.

(Ord. 83-07 § 2 (part), 1983)

1. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the building official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be as set forth in the current fee schedule as adopted by resolution of the board of supervisors. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project.

2. A fee for each grading permit shall be paid to the building official set forth in the current fee schedule as adopted by resolution of the board of supervisors.

3. The building official or county engineer may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

(Ord. 83-03 (part), 1983)

If work ceases for any reason before the work is completed, all necessary steps shall be taken to leave the premises in a safe condition which will not cause damage to adjoining properties or to public roads or utilities or to any natural or manmade wet land, estuary or riparian drainage way through erosion or materials, landslides, or other instability of slopes and materials. If work is abandoned in an unfinished state, the premises shall be graded so as to blend the site into adjacent terrain and the provision of Section 14.05.40 shall apply.

(Ord. 83-03 (part), 1983)

1. Whenever the enforcing officer determines that any work involving removal of natural vegetation or movement of earth materials is occurring or has occurred in violation of the provisions of this chapter, the grading standards or any other applicable law or other governmental approval to perform the work,

   • he shall issue a stop order directing that the violation cease immediately. The order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of law, the grading standards and/or conditions of approval upon which the enforcing officer based his determination. The order may include a statement of any corrective action the enforcing officer deems necessary to abate the condition pursuant to subsection C of this section. The order shall direct that the condition constituting the violation be abated within ten days after the order is posted and shall state that in the event the owner fails to abate the condition, the condition may be abated at the owner's cost as provided in this chapter. If the enforcing officer determines that the work has proceeded without a required permit or other necessary entitlement from the county, the order shall so state and shall direct that application for the permit or entitlement be made to the appropriate county department or officer. The order shall be prominently posted at the site of the work and shall be addressed and mailed to the owner of the site, as determined by the latest assessment roll, and any engineer, contractor or equipment operator known to the enforcing officer to have caused to be responsible for causing the work to be done. If the enforcing officer determines that the work is being performed under the authorization of or pursuant to approval by a public agency other than Del Norte County and which has jurisdiction to regulate the work, he shall refer the matter to that agency.

2. If no permit or other entitlement is required to perform the work necessary to abate the condition and the condition is abated within the ten-day period, the officer shall cause the order to be removed from the site and shall mail notice that the order has been revoked to the persons to whom the stop order was mailed.

3. Where permits or other entitlements are required, no further work shall be undertaken until such permit or entitlement is granted unless required by the enforcing officer to immediately abate potential hazard and/or negative impacts upon an environmentally sensitive area. When such occurs within the California Coastal Zone, any action for immediate abatement shall be processed as an emergency permit pursuant to Section 21.50.50 DNCC.

(Ord. 83-03 (part), 1983)

1. If a condition referred to in a stop order is not abated within ten days of the posting of the order, the board of supervisors may hold a hearing to determine whether the condition should be abated by the county and whether the cost of such abatement shall be specially assessed against the parcel of land where the work occurred which caused the condition. Notice of the purpose, date, time and place of the hearing shall be sent by registered or certified mail to the owner of the parcel and by regular mail to all other persons to whom the stop order was mailed. The notice shall be given not less than five days before the hearing.

2. At the hearing, the owner or his agent may appear and present evidence and reasons why the condition should not abated by the county and why the cost of such abatement should not be specially assessed against the parcel.

3. At the conclusion of the hearing, the board may order the condition abated by the county engineer and may order the cost of such abatement to be specially assessed against the parcel.

(Ord. 83-03 (part), 1983)

1. Notwithstanding the provisions of Sections 14.05.70 and 14.05.80, the enforcing officer may order and cause the immediate abatement of any condition without notice if he finds that the public health, safety or welfare are immediately threatened or endangered by the condition and the circumstances require abatement before the owner can be notified of the condition or, if so notified, before abatement can be accomplished by the owner.

2. A complete report shall be rendered by the enforcing officer to the board of supervisors at its next regular meeting. The board may hold a hearing under the provisions of Section 14.05.80 to determine whether the cost of the emergency abatement should be specially assessed against the parcel where the work occurred which caused the condition.

(Ord. 83-03 (part), 1983)

1. If the board of supervisors determines after the hearing that the cost of abatement performed under Section 14.05.110 and 14.05.120, or both, shall be specially assessed against the parcel, the assessment shall be collected at the same time and in the same manner as county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for county taxes.

2. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to the special assessment, except that if any real property to which such cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the property but instead shall be transferred to the unsecured roll for collection.

(Ord. 83-03 (part), 1983)

1. Violation of any provision of this chapter or the grading standards is a misdemeanor punishable by imprisonment in the County Jail for not more than six months, or by a fine of not more than five hundred dollars, or by both, for each offense. A separate offense is committed upon each and every day during which a violation of this chapter is committed, continued or permitted. Each offense is punishable separately from any other offense.

2. A violation of this chapter or the grading standards is expressly declared to be a public nuisance. The county counsel may bring any appropriate legal action or proceeding to abate, prevent, restrain or enjoin a violation of this chapter.

3. The remedies provided in this chapter are cumulative and not exclusive. Nothing in this division bars any legal, equitable, administrative or summary remedy to which any aggrieved person or Del Norte County may otherwise be entitled.

(Ord. 83-03 (part), 1983)