Article 06 — Construction Drainage Permits.

A.

Permit required. A construction drainage permit shall be required prior to commencing any construction drainage involving construction or modification of drainage facilities or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection C. A separate construction drainage permit shall be required for each site.

B.

Designation and performance. Construction drainage involving construction or modification of drainage facilities shall be designated "regular construction drainage" or "engineered construction drainage" in compliance with Table 11-2, and shall be performed as follows:

Regular construction drainage. Regular construction drainage 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.

Engineered construction drainage. Engineered construction drainage shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

Table 11-2 Construction Drainage Designation

Parameter Threshold 1

Regular Construction Drainage Engineered Construction Drainage

Cross-sectional area of drainage facility Does not exceed 2 square feet Exceeds 2 square feet

Notes:

Examples:

a.

Circular: Diameter is less than or equal to nineteen inches (19") or one and six-tenths feet (1.6'), effectively eighteen inches (18") or one and one-half feet (1.5').

b.

Vee-ditch: Depth of one foot (1') and top width equal to four feet (4') (assumes 2:1 side slopes).

C.

Exemptions from permit requirements. The following construction drainage activities are exempt from the provisions of this section and may be conducted without obtaining a construction drainage permit, provided that these activities shall still be subject to the standards in Article 14 and the department's best management practices for construction grading and drainage.

Drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way. Construction or modification of drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way where authorized by a valid construction grading, building, septic, or encroachment permit.

Emergency construction drainage. Construction or modification of drainage facilities necessary to protect life or property, or to implement erosion prevention or control measures, where a situation exists that requires immediate action. Only the work necessary to abate an imminent hazard may be performed prior to obtaining a construction drainage permit. The person performing the emergency work or the property owner or easement holder shall notify the director and provide evidence acceptable to the director of the scope and necessity of the work on or before the next business day after the onset of the emergency situation. The property owner or easement holder, an authorized agent of the property owner or easement holder, or other person with the written consent of the property owner or easement holder shall apply for a construction drainage permit within ten (10) days after the commencement of the emergency work. The director may order work to be stopped or restricted in scope based upon the nature of the emergency.

Existing private drainage facilities. Maintenance, repair, or replacement of existing, lawfully constructed private drainage facilities where the location and design capacity are not changed.

Minor pipe and vee-ditch swale systems. Construction or modification of pipe and vee-ditch swale systems that meet all of the following criteria:

a.

The drainage area is less than one-half (½) acre for a smooth-walled pipe or vee-ditch swale system, or less than one-quarter acre for a corrugated pipe system.

b.

The pipe or vee-ditch swale system is not in the flood-prone urban area.

c.

The pipe system is a single run, with a minimum diameter of eight inches (8") and installed slopes between two percent (2%) and four percent (4%), or the vee- ditch swale system is made of earth, grass, or rock, with side slopes no greater than two (2) units horizontal to one (1) unit vertical [fifty percent (50%)], maximum depth of nine inches (9") , and installed slopes between two percent (2%) and four percent (4%).

Public projects. Construction or modification of drainage facilities for public projects on public property where a public agency takes full responsibility for the work.

Public trails. Construction or modification of drainage facilities for public trails where a public agency takes full responsibility for the work. The director shall be notified in writing at least thirty (30) days prior to the commencement of the work.

Resource conservation, restoration, or enhancement projects. Construction or modification of drainage facilities for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work. The director shall be notified in writing at least thirty (30) days prior to the commencement of the work.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)