Sonoma County Municipal Code Art. 04 Construction Grading

Sec. 11.04.010. - Permit requirements.¶

A. Permit required. A construction grading permit shall be required prior to commencing any construction 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 construction grading permit shall be required for each site.

B. Designation and performance. Construction grading shall be designated "regular construction grading" or "engineered construction grading" in compliance with Table 11-1, and shall be performed as follows:

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

Table 11-1 Construction Grading Designation

Parameter	Threshold	Threshold
Parameter	Regular Construction Grading	Engineered Construction 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 a cut slope greater than 5 feet in height 1	Greater than 3 feet in depth or creates a cut slope 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 flood hazard areas	Does not exceed 50 cubic yards	Exceeds 50 cubic yards
Existing slope of grading area	No greater than 15 percent	Greater than 15 percent
Geologic Hazard Area Combining District designated in the zoning code	Grading area is not in a Geologic Hazard Area Combining District	Grading area is wholly or partially in a Geologic 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 construction grading designation shall apply only to the portion of the grading area in the Geologic Hazard Area Combining District.
The engineered construction 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 construction grading activities are exempt from the provisions of this section and may be conducted without obtaining a construction grading 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.

Cemeteries. Routine excavations and fills for graves.
Construction grading within a public right-of-way. Construction grading within a public right-of-way where authorized by a valid encroachment permit.
Emergency construction grading. Construction 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 a construction grading 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 grading 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.
Environmental remediation. Construction 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 director shall be notified in writing at least thirty (30) days prior to the commencement of the work.
Excavations and fills for basements and footings. Excavations below existing or finished grade for basements and footings of buildings, retaining walls, or other structures, and fills using only material from the excavation, where authorized by a valid building, agricultural exemption, or demolition permit. The placement of fill must be shown on the approved plans and specifications. Fill that is intended to support structures or surcharges may be greater than one foot (1') in depth only if a soils report justifies the use of the fill. This exemption shall not apply to any fill that is engineered construction grading.
Excavations and fills for wells or on-site sewage disposal systems. Excavations and fills for wells or on-site sewage disposal systems where authorized by a valid well or septic permit. The placement of fill must be shown on the approved plans and specifications.
Existing ponds and reservoirs. Maintenance or restoration of existing lawfully constructed ponds and reservoirs where the original dimensions and design capacity are not increased, and the structural integrity is not compromised.
Existing private roads and driveways. Maintenance, repair, or resurfacing of existing lawfully constructed private roads and driveways where the original dimensions and design capacity are not increased, and the structural integrity is not compromised. This exemption shall not apply to any fill in the flood-prone urban area or any special flood hazard area.
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.
Landfills. Construction grading at landfills regulated by the State Integrated Waste Management Act.
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 five feet (5') in height and greater than two feet (2') horizontal to one foot (1') vertical [fifty percent (50%)].

Minor fill inside the flood-prone urban area or special flood hazard areas. A fill inside the flood-prone urban area or any special flood hazard area that does not exceed fifty (50) cubic yards or alter or obstruct a watercourse or wetland, is no greater than one foot (1') in depth, replaces material excavated from the site, and does not exceed the elevation of the immediately adjacent grade where authorized by a valid building, agricultural exemption, encroachment, or demolition permit. The placement of fill must be shown on the approved plans and specifications. This exemption shall not apply to any fill that is engineered construction grading.
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:

a. No greater than one foot (1') in depth, placed on terrain with an existing slope no greater than fifteen percent (15%), and intended to support structures or surcharges; or

b. 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 construction grading.

Pipelines and utilities. Excavations and fills for pipelines, routine pipeline maintenance practices, or installation, testing, maintenance, or replacement of utility connections, distribution or transmission systems, or telecommunication facilities, on a single site or within a public right-of-way where the ground surface is restored to its previous topographic condition within sixty (60) days after the completion of the work. This exemption shall not apply to any fill that is used for any purpose other than restoring the ground surface to its previous topographic condition.
Public projects. Construction grading for public projects on public property where a public agency takes full responsibility for the work.
Public trails. Construction grading 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 grading 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.
Soil profiling test pits. Excavations for soil profiling test pits where the ground surface is restored to its previous topographic condition within sixty (60) days after the completion of the work.
Surface mining. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay in compliance with Chapter 26A of this code.

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

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