Article 10 — Agricultural Grading Permits.

A.

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

B.

Designation and performance. Agricultural grading shall be designated "regular agricultural grading" or "engineered agricultural grading" in compliance with Table 36-3, and shall be performed as follows:

Regular agricultural grading. Regular agricultural grading 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 agricultural grading. Engineered agricultural grading shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

Table 36-3 Agricultural Grading Designation

Parameter Threshold

Regular Agricultural Grading Engineered Agricultural Grading

Volume (cut or fill) Does not exceed 5,000 cubic yards Exceeds 5,000 cubic yards

Cut No greater than 3 feet in depth and does not create Greater than 3 feet in depth or creates a cut slope a cut slope greater than 5 feet in height 1 greater than 5 feet in height 1

Fill No greater than 3 feet in depth 1 Greater than 3 feet in depth 1

Fill inside the flood-prone urban area or special Does not exceed 50 cubic yards Exceeds 50 cubic yards flood hazard areas

Existing slope of grading area No greater than 15 percent Greater than 15 percent

Geologic Hazard Area Combining District Grading area is not in a Geologic Hazard Area Grading area is wholly or partially in a Geologic designated in the zoning code Combining District Hazard Area Combining District 2

Geologic hazards Grading area contains no geologic hazards Grading area contains geologic hazards 3

Notes:

The references to depths and heights for cuts and fills are between existing grade and proposed grade.

The engineered agricultural grading designation shall apply only to the portion of the grading area in the Geologic Hazard Area Combining District.

The engineered agricultural grading designation shall apply only to the portion of the grading area that is directly affected by the geologic hazards.

C.

Exemptions from permit requirements. The following agricultural grading activities are exempt from the provisions of this section and may be conducted without obtaining an agricultural grading 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.

Agricultural grading for new vineyard and orchard development or vineyard and orchard replanting. Agricultural grading for new vineyard and orchard development or vineyard and orchard replanting where authorized by a valid new vineyard and orchard development or vineyard and orchard replanting permit.

Emergency agricultural grading. Agricultural grading 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 an agricultural grading permit. The person performing the emergency work or the property owner shall notify the agricultural commissioner and provide evidence acceptable to the agricultural commissioner 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, an authorized agent of the property owner, or other person with the written consent of the property owner shall apply for an agricultural grading permit within ten (10) days after the commencement of the emergency work. The agricultural commissioner may order work to be stopped or restricted in scope based upon the nature of the emergency.

Environmental remediation. Agricultural grading for environmental remediation ordered or approved by a public agency exercising regulatory jurisdiction over a site contaminated with hazardous materials where the ground surface is restored to its previous topographic condition within sixty (60) days after the completion of the work. The agricultural commissioner shall be notified in writing at least thirty (30) days prior to the commencement of the work.

Exploratory excavations. Exploratory excavations to investigate subsurface conditions, affecting or disturbing an area of less than ten thousand (10,000) square feet and involving the movement of less than fifty (50) cubic yards, under the direction of a civil engineer, soils engineer, geotechnical engineer, professional geologist, or registered environmental health specialist, where the ground surface is restored to its previous topographic condition within sixty (60) days after the completion of the work.

Minor cut. A cut that does not exceed fifty (50) cubic yards, and:

a.

Is no greater than three feet (3') in depth; or

b.

Does not create a cut slope greater than 5 feet in height and greater than two feet (2') horizontal to one foot (1') vertical [fifty percent (50%)].

Minor fill outside the flood-prone urban area and special flood hazard areas. A fill outside the flood-prone urban area and any special flood hazard area that does not exceed fifty (50) cubic yards or alter or obstruct a watercourse or wetland, and is no greater than three feet (3') in depth and not intended to support structures or surcharges. This exemption shall not apply to any fill that is engineered agricultural grading.

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

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