Marin County Municipal Code Ch. 23.11 Vineyard Erosion and Sediment Control

This chapter shall be known and may be cited as the Marin County Vineyard Erosion and Sediment Control Ordinance (VESCO) or the vineyard grading ordinance.

(Ord. No. 3559, § I, 2011)

The purposes of this chapter are to safeguard the public health, safety, and welfare by minimizing erosion and sedimentation in connection with vineyard planting and re-planting in the county; by protecting the lands, streams, oak woodlands, and riparian habitat of the county; and to ensure the long-term economic viability of the county's viticulture, agricultural and natural resources.

(Ord. No. 3559, § I, 2011)

This chapter is not intended to, and shall not be construed in a manner that conflicts with federal or state law, or that interferes with the achievement of federal or state regulatory objectives. If any federal or state law or regulation requires a stricter standard than is set forth herein, such stricter standard shall apply.

(Ord. No. 3559, § I, 2011)

Pursuant to California Constitution, Article XI, Section 7, the Marin County Board of Supervisors may from time to time, by resolution or ordinance for the services and inspections set forth herein, establish or revise a schedule of fees and charges following the procedures required by law to recover the reasonable cost of processing vineyard planting and re-planting proposals or applications, reviewing plans, conducting inspections, enforcing regulations, and providing other services pursuant to this chapter.

(Ord. No. 3559, § I, 2011)

(a) For level II projects, a qualified professional shall prepare, review, and certify erosion and sediment control plans.

(b) The agricultural commissioner shall review the qualified professional's credentials. Credentials shall be presented to the agricultural commissioner upon receipt of a vineyard erosion and sediment control ordinance application.

(c) For designation herein as such qualified professional, such person shall submit proof of credentials and experience in erosion control and sediment control which meets the standards herein, to the satisfaction of the agricultural commissioner.

(d) If, in the opinion of the agricultural commissioner, a person who has been previously approved as a qualified professional to perform work pursuant to this chapter, subsequently fails, in the opinion of the agricultural commissioner, to perform such work in a competent and professional manner, the agricultural commissioner may suspend the right of that individual to perform such work for an period of time, as determined appropriate at the discretion of the agricultural commissioner.

(e) Any individual's credentials shall be subject to review and approval by the agricultural commissioner.

(Ord. No. 3559, § I, 2011)

The agricultural commissioner may provide notice to and consult with other county departments, local agencies, and other affected agencies regarding any authorized vineyard planting or re-planting or any application to do such activity.

(Ord. No. 3559, § I, 2011)

When a notice of an authorized vineyard planting or re-planting is filed with the agricultural commissioner as set forth herein, the agricultural commissioner shall post a summary notice of the vineyard planting or re-planting in the public lobby of the agricultural commissioner's building and on the county's internet website. Each summary notice shall be posted within ten days after receipt of the required notice. Each summary notice shall remain posted for a period of not less than thirty days. Each summary notice shall include: (i) the name of the owner of the vineyard site and the person undertaking the vineyard planting or re-planting, if different from the owner; (ii) a general description of the location of the vineyard site; (iii) a general description of the existing land use and vegetation on the vineyard site; (iv) the level of the vineyard planting or re-planting; and (v) the number of acres being planted or replanted.

(Ord. No. 3559, § I, 2011)

Where a transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, the transferor shall provide a copy of the vineyard erosion and sediment control ordinance to the prospective transferee.

(Ord. No. 3559, § I, 2011)

Unless the provision or context otherwise requires, the definitions contained in this section shall govern the construction of this chapter. The definition of a word or phrase applies to any of that word's or phrase's variants.

"Affected agency" means any state or federal agency having jurisdiction by law over natural resources that may be impacted by an authorized vineyard planting or re-planting.

"Agricultural commissioner" means the agricultural commissioner-sealer of the county or his or her authorized representative.

"Authorized vineyard planting" means any level I or II authorized vineyard planting.

"Authorized vineyard re-planting" means any level I or II authorized vineyard re-planting.

"Average slope" means the average percent slope of new or existing vineyard land prior to the commencement of any vineyard planting work. All average slopes shall be calculated using the most recent data from the United States Geological Survey (USGS), field-based documentation, surveyed cross sections, or computer generated topographic mapping.

"Best management practices" means those practices or sets of practices that have proven to be the most effective feasible means of preventing or reducing stormwater runoff, erosion, and sedimentation in vineyards, given technological, institutional, environmental, and economic constraints.

"Certified erosion and sediment control plan" means an erosion and sediment control plan that conforms to the requirements as set forth in the Marin County Code.

"Certify" means an expression of professional opinion regarding those facts or findings that are the subject of the certification, and does not constitute a warranty or guarantee, either express or implied.

"County recognized qualified professional" means any qualified professional, including but not limited to licensed civil engineers.

"Days" mean calendar days.

"Designated stream" means any stream or part of a stream based on the most current USGS data.

"Disturbed area" means land that has been disturbed by vineyard planting work.

"Emergency erosion and sediment control work" means the installation of temporary or emergency measures necessary to minimize or avoid an imminent threat of erosion on, or discharge of sediment from, a vineyard site.

"Emergency measure" means any emergency erosion or sediment control measure.

"Existing vineyard land" means any land that is currently planted as a vineyard.

"Final vineyard planting work" means the fine grading of terraces, light tilling and laying out of vine rows, installation of drip lines or other above ground irrigation systems, installation of trellis systems, planting of grapevines, and other activities undertaken after the completion of initial vineyard work as part of the final land preparation and planting phase of an authorized vineyard planting or re-planting.

"Highly erodible lands" includes all of the following types of soils listed in the United States Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS), Highly Erodible Land List for Marin County. The agricultural commissioner shall have this Highly Erodible Land List available upon request:

"Less erodible lands" means any soils that are not highly erodible soils.

"Level I authorized vineyard planting" means any vineyard planting on contiguous new vineyard land under common ownership within a significant drainage area that has similar slope characteristics and has either less erodible lands and an average slope of less than thirty percent, or highly erodible lands and an average slope of less than fifteen percent. Refer to Subsections 23.11.110.(b), (c) for permitted and prohibited vineyard plantings and re-plantings on slopes up to fifty percent.

"Level I authorized vineyard re-planting" means any vineyard re-planting on contiguous existing vineyard land under common ownership within a significant drainage area that has similar slope characteristics and has either less erodible lands and an average slope of not more than fifty percent, or highly erodible lands and an average slope of not more than fifteen percent. Refer to Subsections 23.11.110.(b), (c) for permitted and prohibited vineyard plantings and re-plantings on slopes up to fifty percent.

"Level II authorized vineyard planting" means any vineyard planting on contiguous new vineyard land under common ownership within a significant drainage area that has similar slope characteristics and has either less erodible lands and an average slope of thirty percent to not more than fifty percent, or highly erodible lands and an average slope of fifteen percent to not more than thirty percent. Refer to Subsections 23.11.110.(b), (c) for permitted and prohibited vineyard plantings and re-plantings on slopes up to fifty percent.

"Level II authorized vineyard re-planting" means any vineyard re-planting on contiguous existing vineyard land under common ownership within a significant drainage area that has similar slope characteristics and has either highly erodible lands and an average slope of more than thirty percent to not more than fifty percent, or less erodible lands and an average slope of more than thirty percent to not more than fifty percent. Refer to Subsections 23.11.110.(b), (c) for permitted and prohibited vineyard plantings and re-plantings on slopes up to fifty percent.

"Initial vineyard planting work" means the removal of existing vegetation or agricultural plants, vines, or trees, grading, disking, ripping, soil chiseling, terracing, and other major soil conditioning and recontouring, vineyard field road construction, installation of underground drainage system, grassed waterways, diversion ditches, and other drainage improvements, installation/development of vineyard water supply system, installation of temporary and permanent erosion and sediment control measures, and other activities undertaken as part of the initial land preparation phase of an authorized vineyard planting or re-planting.

"Local agency" means any city, county, town, school district, or special district.

"New vineyard land" means any land proposed for vineyard planting that is not an existing vineyard.

"Percent slope" means the elevation change in feet divided by the horizontal distance in feet multiplied by one hundred measured perpendiculars to the contours on new or existing vineyard land prior to the commencement of any vineyard planting work.

"Permanent measure" means any permanent erosion or sediment control measure.

"Person" means any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, or local agency.

"Qualified civil engineer" means any registered civil engineer with knowledge of the requirements of this chapter and competence and experience in erosion and sediment control plan preparation and implementation.

"Qualified professional" means any registered landscape architect, certified professional in erosion and sediment control, certified rangeland management specialist, registered civil engineer, or other registered or certified professional acceptable to the agricultural commissioner, with knowledge of the requirements of this chapter and competence and experience in erosion and sediment control plan preparation and implementation.

"Rainy season" means the period between October 15 and April 1 for authorized vineyard plantings, and the period between November 15 and April 1 for authorized vineyard re-plantings, except where the agricultural commissioner establishes earlier start dates or later end dates based on inclement weather conditions.

"Significant drainage area" means contiguous land, bounded by ridgelines, spurs, or other topographic divides, from which direct surface runoff from precipitation drains down slope into a common outlet.

"Temporary measure" means any temporary erosion or sediment control measure.

"USDA Soil Survey for Marin County" means the Soil Survey for Marin County, California, United States Department of Agriculture, Forest Service and Soil Conservation Service, issued May 1972, reviewed and approved for reprinting August 1990.

"USGS Data" means the most recent United States Geological Survey Data available.

"Vine inter-planting" means the planting of young grapevines among established grapevines for the purpose of replacing the grapevines in a vineyard while keeping the infrastructure of the vineyard intact (i.e., minimal disturbance to the drainage system, irrigation system, trellis system, etc.).

"Vine replacement" means the planting of young grapevines among established grapevines for the purpose of replacing missing, dead, or diseased grapevines in a vineyard. Vine replacement shall not exceed ten percent of a vineyard per year without filing a written notice as required by Sections 23.11.140 and 23.11.150.

"Vineyard" means contiguous land under common ownership devoted to cultivating grapevines producing wine grapes for commercial purposes.

"Vineyard planting" means the planting of a new vineyard. Vineyard planting shall not include vine inter-planting or vine replacement.

"Vineyard planting work" means initial and final vineyard planting work.

"Vineyard re-planting" means the re-planting of an existing vineyard. Vineyard re-planting shall not include vine inter-planting or vine replacement.

"Vineyard site" means any new vineyard land that is the subject of a level I or II authorized vineyard planting, or any existing vineyard land that is the subject of a level I or II authorized vineyard re-planting.

(Ord. No. 3559, § I, 2011)

Vineyard Planting and Re-planting Requirements:

No person shall undertake any vineyard planting or re-planting as set forth herein without complying with the provisions of this chapter. Not withstanding any other provision set forth herein, the planting of one-third (0.33) or fewer acres on the entire parcel shall be exempt from this requirement. Plantings installed under this exemption shall be limited to a total of one-third-acre for level I authorized vineyard planting and replanting projects. There are no exemptions allowed for level II plantings of any acreage on any parcel; all level II plantings fall under this chapter. Any successive level I plantings on a parcel or abutting parcel are prohibited unless approved by a qualified professional. Vineyard plantings expanded on an existing parcel on slopes up to fifty percent must be approved by a qualified civil engineer.

(Ord. No. 3559, § I, 2011)

(a) Any person may undertake an authorized vineyard planting or re-planting pursuant to this chapter as long as the requirements of this chapter are met, and provided the vineyard planting or re-planting is otherwise permitted by this Code.

(b) Vineyard development on less erodible lands is allowed on slopes up to fifty percent only when: (i) the new vineyard land having a percent slope of up to fifty percent is situated in the interior (e.g., not on the perimeter) of the vineyard site; (ii) the totality of the new vineyard land having a percent slope of up to fifty percent comprises no more than fifteen percent of the vineyard site; and (iii) the vineyard planting and replanting otherwise qualifies as an authorized vineyard planting.

(c) Vineyard development on highly erodible lands is allowed on slopes up to thirty percent only when: (i) the new vineyard land having a percent slope of up to thirty percent is situated in the interior (e.g., not on the perimeter) of the vineyard site; (ii) the totality of the new vineyard land having a percent slope of up to thirty percent comprises no more than seven and one-half percent of the vineyard site; and (iii) the vineyard planting and replanting otherwise qualifies as an authorized vineyard planting.

(d) No vineyard development is permitted on slopes over fifty percent.

(Ord. No. 3559, § I, 2011)

(a) Any person undertaking a level I authorized vineyard planting or re-planting shall do all of the following:

(1) Notify the agricultural commissioner in advance of the vineyard planting or re-planting, and request the agricultural commissioner review the planned vineyard planting or re-planting plan as provided herein; and

(2) Carry out the vineyard planting or re-planting in accordance with the requirements of this chapter.

(b) Any person undertaking a level II authorized vineyard planting, or a level II authorized vineyard re-planting shall do all of the following:

(1) Obtain a certified erosion and sediment control plan for the vineyard planting or re-planting;

(2) Notify the agricultural commissioner of the vineyard planting or re-planting, and request that the agricultural commissioner review the vineyard planting or re-planting and the certified erosion and sediment control plan for the vineyard planting or re-planting in advance as provided in this chapter;

(3) Carry out the vineyard planting or re-planting in accordance with the requirements of this chapter and the certified erosion and sediment control plan for the vineyard planting or re-planting as approved by the agricultural commissioner;

(4) Contouring level I and level II vineyard planting or re-planting designs should be considered to the maximum extent practicable.

(c) Any person undertaking level I or level II vineyard planting or re-planting shall comply with Chapter 22.27 of the Marin County Code - Native Tree Protection and Preservation.

(Ord. No. 3559, § I, 2011)

Prior to filing the notice required by this chapter, any person undertaking an authorized vineyard planting or re-planting may consult with the agricultural commissioner regarding the vineyard planting or re-planting and compliance with the requirements of this chapter. Any recommendations made by the agricultural commissioner during the consultation shall be advisory only.

(Ord. No. 3559, § I, 2011)

(a) Prior to commencing any vineyard planting work, any person undertaking a level I authorized vineyard planting or re-planting shall file a notice of the vineyard planting or re-planting with the agricultural commissioner. All notices shall be in writing on forms provided by the agricultural commissioner's office, and shall be accompanied by such maps, plans, drawings, calculations, photographs, and other information as may be necessary or required by the agricultural commissioner to verify that the vineyard planting qualifies as a level I authorized vineyard planting, or that the vineyard re-planting qualifies as a level I authorized vineyard re-planting.

(b) Upon receipt of a notice for a level I authorized vineyard planting or re-planting, the agricultural commissioner shall review the notice and other documents submitted pursuant to subsection (a) of this section and shall, if necessary, request additional data, clarification of submitted data, or augmentation of incomplete submissions. The agricultural commissioner shall authorize the vineyard planting or re-planting to proceed if, after reviewing all submissions received, the agricultural commissioner determines that the vineyard planting qualifies as a level I authorized vineyard planting or re-planting. No vineyard planting work shall be commenced until after the agricultural commissioner has issued a written authorization to proceed.

(Ord. No. 3559, § I, 2011)

(a) Prior to commencing any vineyard planting work, any person desiring to undertake a level II authorized vineyard planting, or a level II authorized vineyard re-planting shall file a notice of the vineyard planting or re-planting with the agricultural commissioner. All notices shall be in writing on forms provided by the agricultural commissioner's office, and shall be accompanied by: (i) such maps, plans, drawings, calculations, photographs, and other information as may be necessary or required by the agricultural commissioner to verify that the vineyard planting qualifies as a level II authorized vineyard planting, or that the vineyard re-planting qualifies as a level II authorized vineyard re-planting; and (ii) a certified erosion and sediment control plan for the vineyard planting or re-planting.

(b) Upon receipt of a notice for a level II authorized vineyard planting, or a level II authorized vineyard re-planting, the agricultural commissioner shall review the notice and other documents submitted pursuant to subsection (a) of this section and shall, if necessary, request additional data, clarification of submitted data, or augmentation of incomplete submissions. The agricultural commissioner shall authorize the vineyard planting or re-planting to proceed if, after reviewing all submissions received, the agricultural commissioner determines that: (i) the vineyard planting qualifies as a level II authorized vineyard planting, or that the vineyard re-planting qualifies as a level II authorized vineyard re-planting; and (ii) the certified erosion and sediment control plan for the vineyard planting or re-planting conforms to the requirements of this chapter. No vineyard planting work shall be commenced until after the agricultural commissioner has issued a written authorization to proceed. The agricultural commissioner's review of the certified erosion and sediment control plan for the vineyard planting or re-planting shall be limited to confirming that the plan was prepared, reviewed, and certified in accordance with this chapter, and that the plan includes all of the information required by that section.

(c) After vineyard planting work has commenced for a level II authorized vineyard planting, or a level II authorized vineyard re-planting, the person undertaking the vineyard planting or re-planting shall submit to the agricultural commissioner modifications to the certified erosion and sediment control plan for the vineyard planting or re-planting to address newly discovered site-specific issues or field conditions. The agricultural commissioner shall review the modifications to determine whether the certified erosion and sediment control plan for the vineyard planting or re-planting, as modified, conforms to the requirements of this chapter The modifications shall not become effective until the agricultural commissioner verifies in writing that the certified erosion and sediment control plan for the vineyard planting or re-planting, as modified, conforms to the requirements of this chapter. The agricultural commissioner's review of the modifications shall be limited to confirming that the certified erosion and sediment control plan, as modified, was prepared, reviewed, and certified in accordance with the applicable provision herein, and that the plan, as modified, includes all of the information required by the applicable section.

(Ord. No. 3559, § I, 2011)

The agricultural commissioner may conduct field inspections of any vineyard site for an authorized vineyard planting or re-planting at any time the agricultural commissioner deems necessary or appropriate. The agricultural commissioner shall conduct field inspections of all vineyard sites for level II authorized vineyard plantings, and level II authorized vineyard re-plantings to: (i) view the vineyard site prior to determining whether to authorize the vineyard planting or re-planting to proceed; and (ii) verify compliance with the requirements of this chapter and the certified erosion and sediment control plan for the vineyard planting or re-planting after the completion of all vineyard planting work.

(Ord. No. 3559, § I, 2011)

For purposes of vineyard planting or re-planting, best management practices shall be used to avoid any erosion materials from entering any nearby streams.

(a) Any person undertaking a level I or level II authorized vineyard planting or an authorized vineyard re-planting shall establish and maintain a riparian setback for any stream on the vineyard site. The applicant shall comply with all other provisions of the Marin County Code. The agricultural commissioner shall make available upon request a list of these setback provisions identified in the Marin County Code.

(Ord. No. 3559, § I, 2011)

Any person undertaking an authorized vineyard planting or re-planting shall comply with all of the following:

(a) All initial vineyard planting (see Section 23.11.090. Definitions) work shall be carried out and completed between April 1 and October 15 for authorized vineyard plantings, and between April 1 and November 15 for authorized vineyard re-plantings, except where the agricultural commissioner establishes later start dates or earlier end dates based on inclement weather conditions.

(b) All final vineyard planting (see Section 23.11.090. Definitions) work shall be carried out and completed between February 1 and October 15 for authorized vineyard plantings, and between February 1 and November 15 for authorized vineyard re-plantings, except where the agricultural commissioner establishes later start dates or earlier end dates based on inclement weather conditions.

(c) Emergency erosion and sediment control work may be carried out at any time.

(d) All disturbed areas on the vineyard site shall be protected during the rainy season to prevent erosion. This requirement may be met by either temporary or permanent measures while vineyard planting work is being carried out, but shall be met by permanent measures by the time vineyard planting work is completed.

(e) A stormwater management system designed for an average storm recurrence interval of not less than twenty-five years shall be installed on the vineyard site. The system shall allow excess stormwater runoff to be carried through the vineyard site with minimum erosion and consistent with the overall drainage patterns present in the area. This requirement may be met by either temporary or permanent measures while vineyard planting work is being carried out, but shall be met by permanent measures by the time vineyard planting work is completed.

(f) A sediment control system designed to minimize the discharge of sediment from the vineyard site shall be installed on the vineyard site. This requirement may be met by either temporary or permanent measures while vineyard planting work is being carried out, but shall be met by permanent measures by the time vineyard planting work is completed.

(g) Except where the agricultural commissioner establishes earlier deadlines based upon inclement weather conditions, the temporary and permanent measures used to meet the requirements of Subsections (d), (e), and (f) of this section while vineyard planting work is being carried out shall be in place by October 15 each year for authorized vineyard plantings, and by November 15 each year for authorized vineyard re-plantings, and shall be maintained throughout each rainy season until all vineyard planting work is completed.

(h) Use of this chapter's best management practices shall be presumed to fulfill the requirements of Subsections (d), (e), and (f) of this section. Use of temporary and permanent measures that incorporate natural systems to meet the requirements of Subsections (d), (e), and (f) of this section is encouraged.

(Ord. No. 3559, § I, 2011)

(a) All certified erosion and sediment control plans for level II authorized vineyard plantings and re-plantings shall be prepared by a qualified professional, and shall be reviewed and certified by a county recognized civil engineer if not prepared by such a county recognized qualified professional.

(b) All certified erosion and sediment control plans shall comply with all of the following:

(1) Each plan shall be certified by a county recognized qualified professional. The certificate shall be dated and signed by the county recognized qualified professional who prepared or reviewed the plan, and shall certify that: (i) the plan was prepared or reviewed by him or her; (ii) the plan contains all of the information required by this section; and (iii) the plan uses temporary and permanent measures that are sufficient to meet the requirements applicable herein.

(2) Each plan shall consist of narrative and graphic information of sufficient clarity to describe the vineyard site and indicate the nature, extent, and placement of all temporary and permanent measures. The agricultural commissioner shall prepare and maintain detailed plan requirements, and have them available upon request. These application requirements shall be contained in each certified erosion and sediment control plan.

(Ord. No. 3559, § I, 2011)

The failure of any person to comply with any provision of the ordinance codified in this chapter shall be a violation of this chapter.

(Ord. No. 3559, § I, 2011)

The agricultural commissioner shall be responsible for the administration and enforcement of the provisions of this chapter. All determinations of the agricultural commissioner made pursuant to this chapter shall be final. If the agricultural commissioner finds that a likely violation of this chapter has occurred, the agricultural commissioner shall provide notice fourteen days in advance to the alleged violator by certified first class mail to appear at the agricultural commissioner's office for an informal hearing. At the hearing, the alleged violator shall be presented with the evidence against him or her, and be given the opportunity to provide evidence to the agricultural commissioner.

At the end of the informal hearing, unless the matter is taken under submission in which case the determination shall be issued within fourteen days, the agricultural commissioner shall announce his or her determination as to whether a violation has occurred, and may impose civil penalties up to one thousand dollars for each violation, and may also in his or her discretion, issue requirements for remedying the violation. In particularly egregious circumstances, the agricultural commissioner may impose fines up to five thousand dollars. The determination of the agricultural commissioner is final.

(Ord. No. 3559, § I, 2011)

(a) Any person who violates or knowingly permits violation of any provision of this chapter shall pay to the county one of the following sums, as determined by the agricultural commissioner to be appropriate in light of the nature, extent, and circumstances of the violation:

(1) Up to five thousand dollars per day for each day or portion thereof that the violation continues; and/or

(2) A penalty processing fee of not less than three times and not more than ten times the amount of the standard processing fee for such approval.

(b) Unless otherwise specified in any citation or notice of violation, each day or portion thereof that any violation of this chapter continues shall constitute a separate and distinct offense; the imposition of any penalty for any violation of this chapter shall not excuse the violation or permit it to continue; and any person who violates or knowingly permits violation of any provision of this chapter shall be required to correct or remedy the violation.

(c) The remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under any other provision of this Code or other laws.

(Ord. No. 3559, § I, 2011)

When any work is being done contrary to the provisions of this chapter, the agricultural commissioner may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the agricultural commissioner authorizes the work to proceed.

(Ord. No. 3559, § I, 2011)