Monterey County Municipal Code Ch. 16.12 Erosion Control

The purpose of this Chapter is to eliminate and prevent conditions of accelerated erosion that have led to, or could lead to, degradation of water quality, loss of fish habitat, damage to property, loss of topsoil or vegetation cover, disruption of water supply, increased danger from flooding.

(Ord. 2806, 1981)

This Chapter requires control of all existing and potential conditions of accelerated (human-induced) erosion; sets forth required provisions for project planning, preparation of erosion control plans, runoff control, land clearing, and winter operations; and establishes procedures for administering those provisions.

(Ord. 2806, 1981)

For the purpose of this Chapter, the following terms shall have the following meanings indicated in this Section:

1. "Accelerated erosion" means erosion of a significant amount caused by a human-induced alteration of the vegetation, land surface, topography, or runoff pattern. Evidence of accelerated erosion is often indicated by exposed soils, gullies, rills, sediment deposits, or slope failures caused by human activities.

2. "Access envelope" means an area delineated on the site plan to which all clearing and land disturbance for construction of access must be confined.

3. "Agricultural grading" means grading on land designated for exclusive agricultural use as specified under Section 16.12.040 of this Chapter.

4. "Approved erosion control specialist" means a person who has met certain minimum qualifications established by the Director of Building Inspection which demonstrates his or her capability to prepare large-scale erosion control plans.

5. "Building envelope" means an area delineated on the development plans to which all clearing and land disturbance for construction must be confined.

6. "Director of Building Inspection" means the Director of the Building Department or his or her authorized designee charged with the administration and enforcement of this Chapter. The Public Works Director or authorized designee may administer the provisions of this Chapter for subdivisions.

7. "Development permit" means a permit issued by the County for new land use activities: building, grading, land clearing, subdivisions, minor land divisions, planned unit developments, or major planned developments.

8. "Drainage course" means a natural or man-made channel which conveys runoff either year-round or intermittently.

9. "Earth material" means rock, natural soil, or combination thereof.

10. "Erosion" means the wearing away of the ground surface as a result of the movement of wind or water.

11. "Erosion hazard" means the susceptibility of a site to erode, based on condition of slope, rock type, soil, and other site factors. High erosion hazard areas include areas of high and very high erosion hazard shown on maps prepared by the Planning Department. Hazard may be determined based on a site-specific investigation.

12. "Grading" means excavating, filling, leveling, or smoothing, or combination thereof.

13. "Land clearing" means the removal of vegetation down to duff or bare soil, by any method.

14. "Land clearing permit" means a permit granted by the Director of Building Inspection which authorizes the permittee to carry out land clearing. This is required wherever such clearing will involve more than two and one-half acres per year per site, in excess of clearing shown on an approved development plan; except in water supply watersheds, or high erosion hazard areas, where a permit shall be required for any clearing in excess of one acre per year per site.

15. "Land disturbance" means clearing, excavating, grading, or other manipulation of the terrain.

16. "Watersheds" means watershed areas identified on the General Plan maps. The area drained by a river, other natural stream of water or a lake; drainage area.

17. "Major grading" means grading in excess of one hundred (100) cubic yards.

18. "Major planned development" means new commercial, industrial or professional developments; or new residential developments of more than four units.

19. "Minor development proposal" means building permits, grading permits for between one hundred (100) and two thousand (2,000) cubic yard, subdivisions of four or less lots, and any other project not identified as a major development proposal in Section 16.12.060(d).

20. "Minor grading" means grading less than one hundred (100) cubic yards.

21. "Onsite detention" means temporary storage of runoff on the site.

22. "Onsite retention" means permanent holding of runoff on the site through percolation to the ground.

23. "Owner" means the person or persons shown in the County Recorder's Office as beneficial owner of the property.

24. "Permittee" means any person undertaking development activities upon a site pursuant to a permit granted by the County.

25. "Person" means any person, firm, association, corporation, organization, partnership, business, trust company, public agency, school district, the State of California and its political subdivisions or instrumentalities.

26. "Responsible person" means any person who creates or participates in creating a condition which may lead to accelerated erosion. If a specific person cannot be identified, the owner of the land where such condition exists shall be presumed to be the responsible person.

27. "Road or roadway" means an open way for vehicular traffic.

28. "Runoff" means the movement of water over the ground surface.

29. "Sediment" means eroded earth material that is carried by wind, gravity, runoff and/or deposited in a stream, drainage course, or other area.

30. "Site" means a parcel of land or contiguous parcels where alterations, including grading, clearing, or construction are performed or proposed.

31. "Soil" means the unconsolidated mineral and organic material on the immediate surface of the earth.

32. "Stream" means any watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey map most recently published, or as indicated in the development permit when it has been field determined that a watercourse either:

a. Supports fish at any time of the year; or

b. Has a significant water flow thirty (30) days after the last significant storm; or

c. Has a well-defined channel, free of soil and debris.

33. "Ten (10) year storm" means a storm of an intensity that would be exceeded on the average only once every ten (10) years. The intensity for the site shall be determined according to County Design Criteria. The duration of the storm used in runoff calculation shall be equivalent to the concentration time for the area which drains through the project site.

34. "Water supply watershed" means watershed areas identified as such on the Monterey County General Plan maps.

(Ord. 2806, 1981)

No person shall cause or allow the continued existence of a condition on any site that is causing or is likely to cause accelerated erosion as determined by the Director of Building Inspection in accordance with this Chapter. Such a condition shall be controlled and/or prevented by the responsible person and the property owner by using appropriate measures outlined in subsequent sections of this Chapter. Additional measures may be necessary, and should be applied by the responsible person and the property owner. Specific additional measures may be required by the Director of Building Inspection. Property owners will be given a reasonable amount of time, as determined by the Director of Building Inspection, to control existing problems depending on the severity of the problem, and the extent of necessary control measures. Where feasible, erosion problems shall be controlled no later than the beginning of the next rainy season (October 15th).

Development and related construction activities such as site cleaning, grading, soil removal or placement which causes a permanent change to existing site conditions are prohibited on slopes greater than or equal to thirty (30) percent (greater than twenty-five (25) percent for development in North County LUP). Exceptions may be made for special circumstances. Ref. Section 16.08.060B Monterey County Code. The process includes submitting an application for an exception and noticed public hearing to determine if the exception is valid.

(Ord. 3454 § 2, 1990; Ord. 2806, 1981)

The density and design of new development shall be planned to be consistent with the characteristics and constraints of the site:

a. Structures on slopes that would normally require major grading shall utilize pole, step, or other foundations that do not require major grading.

b. Building and access envelopes or non-buildable areas may be required to be delineated on the development plans so as to keep disturbance out of particularly erodible areas. Envelopes shall be required in areas of high erosion hazard.

c. Streams or drainage courses shall not be obstructed or disturbed except for approved road crossings, unless disturbance of a drainage course will improve overall site design and be consistent with the purpose of this Chapter.

d. If the project is for creation of or access to a building site, land disturbance shall not take place until a building permit has been issued. If a permit cannot be issued until a determination of adequate water source and sewage disposal or other required site investigation is made, land disturbance shall be limited to the extent necessary to allow such an investigation. This provision shall not apply to road construction or other grading activities which are specifically required as a condition of a minor land division or other permit.

e. Erosion control measures specified in, or pursuant to, this Chapter, shall be in place and maintained at all times between October 15th and April 15th.

(Ord. 2806, 1981)

a. Prior to permit issuance for building, grading, or land clearing, an erosion control plan indicating proposed methods for the control of runoff, erosion, and sediment movement shall be submitted and approved to the appropriate Director. Erosion control plans may also be required for other types of applications where erosion can reasonably be expected to occur. The erosion control plan may be incorporated into other required plans, provided it is identified as such. Erosion control plans shall include as a minimum the measures required under Sections 16.12.070, 16.12.090, and 16.12.110 of this Chapter. Additional measures or modification of proposed measures may be required prior to project approval. No grading or clearing may take place on the site prior to approval of an erosion control plan for that activity. Final certification of project completion may be delayed pending proper installation of measures identified in the approved erosion control plan.

b. Two sets of plans shall be required for each application; particular specifications may be required by the Director of Building Inspection. Plans shall be drawn to scale upon substantial material, minimum size eighteen (18) inches by twenty-four (24) inches, and shall be of sufficient clarity to indicate the nature and the extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws and regulations. The minimum size for plans for land clearing permits shall be eight and one-half inches by eleven (11) inches. The plans shall include the following information in writing and/or diagrams:

1. General location of the proposed site.

2. Property lines and contours of the site including finish contours to be achieved by grading, details of terrain, and area drainage; proposed construction, proposed drainage channels, and other runoff control measures.

3. Detailed plans of all surface and subsurface drainage devices, dams, and other erosion control measures to be constructed with, or as a part of, the proposed work. All measures required under this Chapter shall be shown. Function of erosion control measures shall be consistent with the provisions of this Chapter.

4. Delineation of areas to be cleared during development activities.

5. Revegetation proposal for all surfaces exposed or expected to be exposed during development activities, including cut and fill slopes.

6. Name and address of the owner(s).

7. Assessors parcel number(s) of the property on which the work is to be done.

8. North arrow, scale, and name and location of nearest public road intersection.

9. Name, address, and phone number of person who prepared the plan.

c. For minor development proposals, the erosion control plan is not required to be prepared by a registered professional (as listed in Paragraph d below).

d. For major development proposals, the erosion control plan shall be prepared by a registered civil engineer, professional forester, landscape architect, registered geologist, certified engineering geologist, or approved erosion control specialist. For these major projects, runoff calculations and other calculations demonstrating adequacy of drainage structures shall be included. Inspection by the person preparing the plan and certification of proper installation of control measures may be required by the Director of Building Inspection. Major proposals include:

1. Subdivisions of more than four lots.

2. Planned unit developments, major planned developments, and major use permits.

3. Other projects of a similar nature determined by the Planning Director to cause major land disturbance.

e. Applications for activities where no land disturbance is anticipated may be accompanied by a statement to that effect, which shall be approved by the Director of Building Inspection, in lieu of an erosion control plan.

(Ord. 2806, 1981)

Runoff from activities subject to a development permit shall be properly controlled to prevent erosion. The following measures shall be used for runoff control, and shall be adequate to control runoff from a ten (10) year storm:

a. On soils having high permeability (more than two inches/hour), all runoff in excess of predevelopment levels shall be retained on the site. This may be accomplished through the use of infiltration basins, percolation pits or trenches, or other suitable means. This requirement may be waived where the Director of Building Inspection upon recommendation of the Health Department determines that high groundwater, slope stability problems, or other conditions, would inhibit or be aggravated by onsite retention, or where retention will provide no benefits for ground water recharge or erosion control.

b. On projects where onsite percolation is not feasible, all runoff must be detained or dispersed over non-erodible vegetated surfaces so that the runoff rate does not exceed the predevelopment level. Onsite detention may be required where excessive runoff would contribute to downstream erosion or flooding. Any policies and regulations for any drainage zones where the project is located will also apply.

c. Any concentrated runoff which cannot be effectively detained or dispersed without causing erosion, shall be carried in non-erodible channels or conduits to the nearest drainage course designated for such purpose or to onsite percolation devices. Where water will be discharged to natural ground or channels, appropriate energy dissipators shall be installed to prevent erosion at the point of discharge.

d. Runoff from disturbed areas shall be detained or filtered by berms, vegetated filter strips, catch basins, or other means as necessary to prevent the escape of sediment from the disturbed area.

e. No earth or organic material shall be deposited or placed where it may be directly carried into a stream, marsh, slough, lagoon, or body of standing water.

(Ord. 2806, 1981)

Land clearing shall be kept to a minimum. Vegetation removal shall be limited to that amount necessary for building, access, and construction as shown on the approved erosion control plan. The following provisions shall apply:

a. No land clearing shall take place prior to approval of the erosion control plan. Vegetation removal between October 15th and April 15th shall not precede subsequent grading or construction activities by more than fifteen (15) days. During this period, erosion and sediment control measures shall be in place.

b. All disturbed surfaces shall be prepared and maintained to control erosion and to establish native or naturalized vegetative growth compatible with the area. This control shall consist of:

1. Effect temporary planting such as rye grass, some other fast-germinating seed, and mulching with straw and/or other slope stabilization material;

2. Permanent planting of native or naturalized drought resistant species of shrubs, trees, or other vegetation, pursuant to the County's Landscape Criteria, when the project is completed;

3. Mulching, fertilizing, watering or other methods may be required to establish new vegetation. On slopes less than twenty (20) percent, topsoil should be stockpiled and reapplied.

The protection required by this Section shall be installed prior to calling for final approval of the project and at all times between October 15th and April 15th. Such protection shall be maintained for at least one winter until permanent protection is established.

c. A land-clearing permit shall be required for any land clearing of more than two and one-half acres per year per site in excess of that shown on an approved development plan; except in water supply watersheds, or high erosion hazard areas, where a permit shall be required for any clearing in excess of one acre per year per site in excess of that shown on an approved development plan. Application for a permit shall be made on forms for that purpose and shall include submittal of an erosion control plan. A permit may be approved, conditioned, or denied pursuant to procedures established by the Board of Supervisors.

d. Land clearing that is not a part of a permitted activity shall not take place on slopes greater than thirty (30) percent (twenty-five (25) percent for North County LUP). Exceptions may be made for special circumstances. Ref. Section 16.08.060B Monterey County Code. The process includes submitting an application for an exception and a noticed public hearing to determine if the exception is valid.

(Ord. 3454 § 3, 1990; Ord. 2806, 1981)

a. No land clearing operations greater than one acre per year per site or grading operations greater than one hundred (100) cubic yards may take place between October 15th and April 15th, in water supply watersheds, and high erosion hazard areas, unless authorized by the Director of Building Inspection and found to be consistent with the purposes of this Chapter. Winter operations for other projects may be disallowed if a high potential for erosion exists due to slope, rock or soil type, proximity to a stream or drainage course, magnitude or duration of disturbance, or other characteristics of the project and the site. When construction will be delayed due to the limitation on winter operations, the date for expiration of the permit shall be extended by that amount of time that work is delayed by this Chapter.

b. When winter operations do take place, the following measures must be taken to prevent accelerated erosion. Additional measures may be required.

1. Between October 15th and April 15th, disturbed surfaces not involved in the immediate operations must be protected by mulching and/or other effective means of soil protection.

2. All roads and driveways shall have drainage facilities sufficient to prevent erosion on or adjacent to the roadway or on downhill properties. Erosion-proof surfacing may be required in areas of high erosion hazard.

3. Runoff from a site shall be detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. These drainage controls must be maintained by the permittee and/or property owner as necessary to achieve their purpose throughout the life of the project.

4. Erosion control measures shall be in place at the end of each days work.

5. The Director of Building Inspection shall stop operations during periods of inclement weather if he or she determines that erosion problems are not being controlled adequately.

(Ord. 2806, 1981)

It shall be the responsibility of the owner and the permittee to ensure that erosion does not occur from any activity during or after project construction. Additional measures, beyond those specified, may be required as deemed necessary to control accelerated erosion.

(Ord. 2806, 1981)

Conditions of accelerated erosion existing prior to adoption of this Chapter are not exempted. The intent of this Section is not to invalidate existing discretionary permits, but rather to prevent or mitigate accelerated erosion. The following work is exempted from all provisions of this Chapter except Sections 16.12.040, 16.12.160—16.12.190.

a. Agricultural Activities: Permitted agricultural grading, routine annual agricultural activities such as plowing, harrowing, disking, ridging, listing, leveling, and similar operations to prepare a field for a crop.

b. Timber harvesting: Work done pursuant to a valid use permit.

c. Quarrying: Quarrying done pursuant to a valid quarry permit.

d. Septic Systems and Wells: Work done pursuant to a valid permit for septic system installation and repair or well drilling; however,

Sections 16.12.080b and 16.12.090b shall apply, and sediment from these activities shall not be allowed to enter any stream or body of water.

e. Resource Management: Clearing, fuel management, reforestation, erosion control, or other resource management programs carried out under the auspices of a government agency which include appropriate erosion control measures. Agencies shall notify the Director of Building Inspection of such projects.

f. Work done pursuant to a valid grading permit.

(Ord. 2806, 1981)

A request for a variance from the provisions of this Chapter, the permit conditions, or the plan specifications may be approved, conditionally approved, or denied by the Director of Building Inspection. A request for a variance must state in writing the provisions, when it would apply, and its advantages. In granting a variance, the Director of Building Inspection shall be guided by the following criteria:

a. That there are special circumstances or conditions affecting the property.

b. That the variance is necessary for the proper design and/or function of a reasonable project for the property.

c. That adequate measures will be taken to ensure consistency with the purpose of this Chapter.

(Ord. 2806, 1981)

Editor's note— Ord. No. 5131, § 4, adopted June 23, 2009, repealed the former section 16.12.130 in its entirety, which pertained to fees, and derived from Ord. No. 2806, adopted 1981.

The Director of Building Inspection shall 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 or to mitigate environmental impact.

In lieu of deposit with the Director of Building Inspection in an amount equal to that which would be required in the surety bond.

(Ord. 2806, 1981)

The Director of Building Inspection shall conduct inspections to ensure compliance with this Chapter.

a. Inspection: The following inspections may be performed by the Director of Building Inspection or his or her designee.

1. Pre-site inspection: To determine the potential for erosion resulting from the proposed project.

2. Operation progress inspections: To determine ongoing compliance.

3. Final inspection: To determine compliance with approved plans and specifications.

b. Notification: The permittee shall notify the Director at least twenty-four (24) hours prior to start of the authorized work, and also twenty-four (24) hours prior to any inspection requested by permittee or permittee's authorized agent.

c. Right of Entry: The filing of an application for a development permit constitutes a grant of permission for the County to enter the permit area for the purpose of administering this Chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the Director of Building Inspection shall be supplied with a key or lock combination or shall be permitted to install a County lock.

(Ord. 2806, 1981)

Any person doing work in conformance with this Chapter must also abide by all other applicable local, State, and Federal laws, orders and regulations. Where there is a conflict with other pre-existing County regulations, this Chapter shall take priority.

(Ord. 2806, 1981)

a. Right of Entry: The Director of Building Inspection shall have the right to enter and inspect any site for which a permit has been applied for or issued. In addition, whenever the Director of Building Inspection has reasonable cause to believe that there exists upon any site a condition which could lead to accelerated erosion which is in violation of this Chapter, he or she may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon him or her by this Chapter; provided that if such premises are occupied, he or she shall first present proper credentials and request entry; and if such premises are unoccupied, he or she shall first make reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If such entry is refused, the Director of Building Inspection shall have recourse to every remedy provided by law to secure entry.

b. Work Stoppage: If the Director of Building Inspection determines that activities are being carried out in violation of this Chapter or an approved variance, he or she may stop all work until corrective measures have been completed. The site shall be posted with a "Stop Work" notice.

c. Record of Violation: Any person found to be in violation of the provisions of this Chapter shall be required to correct the problem upon written notice from the Director of Building Inspection. Such written notice may require that specific conditions be adhered to in the correction of the erosion problem. These may include, but are not limited to, the following:

1. Use of specific erosion control techniques.

2. Submittal of an erosion control plan, to be approved by the Director of Building Inspection prior to the commencement of work.

3. Completion of work within a specified time period.

(Ord. 2806, 1981)

Editor's note— Ord. No. 5170, § 4, adopted December 7, 2010, repealed section 16.12.180 in its entirety, which pertained to notice of violation recordation, and derived from Ord. No. 2806, adopted 1981.

A. Arrest and Citation. The Director of Building Inspection and his or her delegated subordinates, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, are hereby authorized to arrest a person without a warrant whenever they have reasonable cause to believe that the person has committed an infraction in their presence which is a violation of any of the provisions of this Chapter. Upon making such an arrest, the Director of Building Inspection or his or her delegated subordinates shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State of California, the provisions of which are hereby adopted by reference as part of this Section.

B. Duty of Sheriff and Other Officers to Enforce. It shall be the duty of the Sheriff of the County of Monterey and all officers of said County herein and/or otherwise charged by law with the enforcement of this Chapter to enforce this Chapter and all the provisions of the same.

C. Duty of Other County Officials; Permits and Licenses. All departments, officials, and public employees of the County of Monterey which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this Chapter, and any such permits or licenses, if issued in conflict with the provisions of this Chapter, shall be null and void.

D. Repealed.

E. Costs of Civil Enforcement. Any person, firm or corporation who creates or maintains a public nuisance in violation of this Chapter shall be liable for the costs of abatement which shall include, but not be limited to:

1. Costs of investigation;

2. Court costs;

3. Attorneys fees;

4. Costs of monitoring compliance.

Upon a continuation of the public nuisance after notice from the County to cease the nuisance, any person, firm or corporation shall be liable for the costs of abatement set forth above plus a civil penalty of fifty (50) percent of those costs payable to the County in addition to any other costs of enforcement imposed by the court.

(Ord. 3659 § 8, 1993; Ord. 3033 § 1, 1984; Ord. 2806, 1981)

Editor's note— Ord. No. 5170, § 4, adopted December 7, 2010, repealed section 16.12.210 in its entirety, which pertained to appeals, and derived from Ord. No. 2806, adopted 1981.