§ 36.06

A.

Permit required. A vineyard and orchard replanting permit shall be required prior to commencing any vineyard or orchard replanting or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection D. A separate vineyard and orchard replanting permit shall be required for each site.

B.

Designation and performance. Vineyard and orchard replanting shall be designated "Level I replanting" or "Level II replanting" in compliance with Table 36-2, and shall be performed as follows:

1.

Level I replanting. Level I replanting shall be performed in compliance with approved plans and specifications prepared by the property owner, an authorized agent of the property owner, or a licensed professional acting within the scope of their license.

2.

Level II replanting. Level II replanting shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

Table 36-2 Vineyard and Orchard Replanting Designation

C.

Focused species assessment. A focused species assessment shall be required for all vineyard and orchard replanting in designated critical habitat areas.

D.

Exemptions from permit requirements. The following vineyard and orchard replanting activities are exempt from the provisions of this section and may be conducted without obtaining a vineyard and orchard replanting permit, provided that these activities shall still be subject to the standards in Article 20 and the

department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

1.

Hobby vineyards and orchards. Replanting of existing hobby vineyards and orchards where the hobby vineyard or orchard is less than one-half (½) acre in size. This exemption may only be used for one (1) hobby vineyard or orchard per legal parcel. This exemption shall not apply where there is an existing commercial vineyard or orchard on the parcel.

2.

Interplanting grapevines or orchard trees. Interplanting young grapevines or orchard trees among established grapevines or orchard trees where the existing vineyard or orchard infrastructure is kept intact.

3.

Low-impact vineyard replanting. Low-impact vineyard replanting where authorized by a valid low-impact vineyard replanting registration.

4.

Replacing grapevines or orchard trees. Replacing individual missing, dead, or diseased grapevines or orchard trees where less than one-half (½) acre of contiguous grapevines or orchard trees is replaced and the existing vineyard or orchard infrastructure is kept intact.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Article 08. - Low-Impact Vineyard Replanting Registration.