Shasta County Municipal Code Ch. 12.12 Grading, Excavating and Filling

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

A. Control erosion and sedimentation and prevent damage to off-site property and streams, watercourses, and aquatic habitat;

B. Avoid creation of unstable slopes or filled areas;

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

D. Regulate de facto development caused by uncontrolled grading.

(Ord. 93-9 § 1, 1993: Ord. 91-2 § 1, 1991: prior code § 4650)

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:

"Earth material" means any soil, sand, gravel, decomposed granite, rock, organic or mulch cover or other natural material or fill.

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

"Grading" means movement of any earth materials:

1. In excess of two hundred fifty cubic yards; or

2. Which damages or has the potential to significantly damage directly, or indirectly through erosion, any natural or manmade watercourse, whether year-round or intermittent, including drainage channels; or

3. To make a road, temporary access road, building pad, mobile home pad or a new sewage disposal system when the installation of the sewage disposal system requires changes in the natural contour of the land; or

4. Which disturbs ten thousand square feet or more of surface area.

"Grading permits" are identified as "major project" or "minor project" permits. "Major project" permits shall be required for any grading which will involve (1) the movement of more than two thousand cubic yards of earth; (2) the disturbance of more than five acres of earth material; and/or (3) is defined as a discretionary permit (excludes grading permits for a detached single-family dwelling located on one parcel).

The issuance of all "major project" grading permits is subject to CEQA review by the planning division.

"Minor project" permits shall be required for any grading not requiring a "major project" permit. "Minor project" permits will be subject to CEQA review if defined as a "project" pursuant to CEQA Guidelines Section 15378.

"Grading standards" are standards for grading, as adopted and amended from time to time by resolution of the board of supervisors.

"Watercourse" means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel or soil, including but not limited to, streams as defined in Public Resources Code Section 4528(f). "Watercourse" also includes manmade watercourses.

(Ord. 93-9 § 2, 1993: Ord. 91-2 § 2, 1991: prior code § 4652)

In addition to any other enforcing officer designated by the board of supervisors, the director of the department of resource management and/or director of the department of public works are the enforcing officers with respect to work or projects under the administrative control of their departments. The department of public works and other county departments shall provide technical assistance to any enforcing officer.

(Ord. 93-9 § 3, 1993: Ord. 91-2 § 3, 1991: prior code § 4664)

No grading shall be done or caused to be done without a grading permit. A grading permit may allow for preliminary grading as part of a valid and effective building permit, subdivision construction plan, or other development or land use entitlement. Preliminary grading permitted for a subdivision project shall limit the work thereunder to that necessary for septic testing, water well drilling, environmental assessments, or surveying; preliminary grading plans for other projects shall contain all of the information required by Section 12.12.070. The grading permit associated with any building permit, subdivision construction plan, or other development or land use entitlement shall comply with the provisions of this chapter.

(Ord. 93-9 § 4, 1993: Ord. 91-2 § 4, 1991: prior code § 4651)

A. The following activities are exempt from permit requirements of this chapter:

1. Cultivation and production of agricultural products, including, but not limited to, gardening, forestry regulated by the California Department of Forestry and Fire Protection under an approved Timber Harvest Plan, and the rearing and management of livestock, except as provided in subsection B of this section;

2. Brush clearing in accordance with the provisions of Public Resources Code Section 4291 et seq., as currently enacted and as may hereafter be amended, or pursuant to the provisions of Chapter 8.10 of the Shasta County Code, as currently enacted and as may hereafter be amended, or at the direction of the fire warden for fire prevention and safety purposes, except as provided in subsection B of this section;

3. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate or clay, as authorized in the zone plan and for which a use permit and reclamation plan have been granted, except as provided in subsection B of this section;

4. Operation of refuse disposal sites for which a valid permit has been issued pursuant to Chapter 8.32, as currently enacted and as may hereafter be amended;

5. Temporary excavation for installation or abandonment of underground storage tanks and associated piping when no permanent change is made in the existing terrain, best management practices are established to minimize erosion and prevent off-site discharge of sediment, and the excavation is refilled and stabilized, except as provided in subsection B of this section;

6. Temporary trench or pit excavation for the purpose of installing underground or overhead utilities where best management practices are established to minimize erosion and prevent off-site discharge of sediment, except as provided in subsection B of this section;

7. Subsurface geologic exploration under the supervision of a licensed civil engineer, registered environmental health specialist, engineering geologist or archeologist, except as provided in subsection B of this section;

8. The construction of pits for the containment of drilling fluids, when well drilling is performed pursuant to Chapter 8.56, as currently enacted and as may hereafter be amended, and when best management practices are established to minimize erosion and prevent off-site discharge of sediment, except as provided in subsection B of this section;

9. Grading conducted during a civil or hazardous material emergency or natural disaster to relieve or correct conditions caused by such emergency or disaster or to make emergency firebreaks;

10. The removal and spreading of contaminated earth materials from underground tank excavations performed in compliance with Chapter 8.24, as currently enacted and as may hereafter be amended, and when best management practices are established to minimize erosion and prevent off-site discharge of sediment;

11. Grading performed on public works projects by a governmental agency.

B. No exemption provided in subdivisions 1, 2, 3, 5, 6, 7, or 8 of subsection A of this section shall apply to any grading (1) that will, or has the potential to, adversely affect any off-site drainage or aquatic habitat, or (2) that will, or has the potential to, adversely affect the lateral or subjacent support of any property not owned by the owner of the land upon which such grading is performed, or (3) that otherwise violates any regulatory or prohibitory provision of the Shasta County Code or any other law, or (4) that is undertaken to facilitate or otherwise assist any violation of any regulatory or prohibitory provision of the Shasta County Code or any other law.

(Ord. 93-9 § 5, 1993: Ord. 91-2 § 5, 1991: prior code § 4653)

(Ord. No. 2019-06, § II, 10-22-2019)

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, relating to the character of the work, equipment and labor personnel involved in the project shall be met.

(Prior code § 4654)

A. The permit shall include an approved grading plan provided by the applicant and shall set forth terms and conditions of grading operations that conform to the county's grading standards. The permit's terms and conditions may incorporate or comply with the standard of other interested public agencies.

B. The permit shall require the applicant to provide a permanent erosion plan to be implemented upon completion of the project, which plan shall be approved prior to the commencement of any work. For any project which disturbs more than five acres, or where the director of the department of resource management or the director of the department of public works determines that a project may adversely impact a watercourse, the plan shall be prepared by a registered civil engineer experienced in erosion control, a certified professional soil erosion and sediment control specialist, or a soil scientist certified by the American Registry of Certified Professionals in Agronomy, Crops and Soils.

C. If work on the project will not be completed by October 15th, and the permit does not allow work to continue during the period October 15th through May 1st (the "wet weather season") a plan for closing the project during the wet weather season shall be required as a condition of permit issuance. The closure plan shall be prepared and certified by a professional listed in subsection B of this section.

D. If the permit allows work to be done during the wet weather season, the permit shall contain a condition requiring a wet weather operating and erosion control plan, which plan shall be approved prior to the commencement of any work. The wet weather plan shall be prepared and certified by a professional listed in subsection B of this section. That plan shall include all necessary temporary and permanent erosion control measures, including those to be followed should the work stop at any time during the wet weather season. The permit shall contain a timetable for installation of the erosion control measures.

E. Each permit shall require approval of a plan for ongoing maintenance of erosion control measures during the duration of the project and for three years after completion of the project, unless the project is released earlier by the enforcing officer. The plan shall name the person responsible for such maintenance. The maintenance plan shall be approved prior to the commencement of any work.

F. The director of the department of resource management or the planning commission or the board of supervisors where such body is the issuing body, may refuse to allow any grading on a project during the wet weather season, as a condition of permit issuance.

G. The permit may require the posting of security in an amount sufficient to cover all corrective action or site restoration work and/or the cost of permanent erosion control measures for a period of up to three years from the date of completion of the permanent erosion control measures.

H. The permit shall specify who, in addition to the owner, shall be responsible for installing and maintaining erosion control measures.

(Ord. 93-9 § 6, 1993)

A. Grading permits shall be issued by the director of the department of resource management.

B. The director of the department of resource management shall charge a fee established by resolution of the board of supervisors for issuance of the grading permit.

(Ord. 93-9 § 7, 1993: Ord. 91-2 § 7, 1991)

A. Whenever the enforcing officer determines that any grading is occurring or has occurred in violation of the provisions of this chapter, without a grading permit, in violations of the terms and conditions of the permit, or in violation of the grading standards or other applicable law, or without compliance with the conditions of any other applicable permit or governmental approval to perform the work, the enforcing officer 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 or conditions of approval upon which the enforcing officer based his determination. The order shall include a statement of any corrective action or restoration work the enforcing officer deems necessary to abate the condition.

B. 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.

C. 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 or be responsible for causing the work to be done.

D. 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 the county and which has jurisdiction to regulate the work, the enforcing officer shall refer the matter to that agency.

E. 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 enforcing officer shall cause the order to be removed from the site and shall mail notice that the order has been removed to the persons to whom the stop order was mailed.

(Ord. 93-9 § 8, 1993: Ord. 91-2 § 8, 1991: prior code § 4661)

A. 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.

B. A complete report shall be rendered by the person who ordered the abatement to the board of supervisors at its next regular meeting. The board may hold a hearing on the provisions of Chapter 8.28 to determine whether the cost of the abatement should be specially assessed against the parcel where the work occurred which caused the condition, or otherwise recovered by the county.

(Prior code § 4663)

A. No person shall do, cause or permit to be done any work in violation of any regulatory or prohibitory provision of this chapter, or any grading permit, or the grading standards, or any stop order issued under this chapter.

B. No person shall abandon any work in violation of any regulatory or prohibitory provision of this chapter, the grading standards, or any stop order issued pursuant to this chapter.

(Ord. 93-9 § 9, 1993: Ord. 91-2 § 9, 1991: prior code § 4665)

In addition to any other penalties provided by law, one or more of the following penalties may be imposed upon the owner or developer upon a finding by the enforcing officer, planning commission, or board of supervisors, as specified, that the owner or developer has violated a provision of this chapter.

A. The enforcing officer may order that no further work be done on the project until:

1. A grading permit is obtained or modified, which permit or modified permit shall include a corrective action or site restoration plan which addresses mitigation of off-site erosion hazards and prevents off-site damage; and

2. The work required by the plan is completed to the satisfaction of the enforcing officer.

B. If the owner or developer violates this chapter by grading without a permit (sometimes known as "pre-grading"), the official or body subsequently issuing a building permit, subdivision construction plan or a preliminary grading permit shall require that the usual permit fee be doubled.

C. If the owner or developer violates this chapter by grading without a permit ("pre-grading") or by failing to comply with the terms or conditions of the permit, the director of the department of resource management, the director of the department of public works, the planning commission or board of supervisors may issue an order prohibiting further work on the project until the owner or developer provides a bond, or other acceptable performance security, in a sum sufficient to cover all corrective or site restoration work and the cost of all permanent erosion control measures.

D. The director of the department of resource management, the director of the department of public works, the planning commission or board of supervisors may order that further development, other than erosion control and corrective action or site restoration measures, be suspended for up to two years from the date of satisfactory completion of all corrective action or site restoration work.

(Ord. 93-9 § 10, 1993: Ord. 91-2 § 10, 1991)