Tehama County Municipal Code § 9.43.010 Short title

This chapter shall be known as the Tehama County Grading and Erosion Control Ordinance.

(Ord. 1901 § 1(part), 2008)

The purpose of this chapter is to promote and protect the public safety, convenience, comfort, prosperity, protection of water quality, environmental health and watershed functions, 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; and

D. Regulate de facto development caused by uncontrolled grading.

(Ord. 1901 § 1(part), 2008)

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:

A. "Director" shall mean the director of the Tehama County department of public works.

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

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

D. "Grading" shall mean movement of any earth materials:

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

2. Which is conducted within one hundred fifty feet of any pre-existing watercourse; or

3. To make a road, including but not limited to a temporary access road, building pad, mobilehome pad, well drilling 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.

E. "Grading permits" are identified as either "discretionary" or "ministerial" permits.

1. Discretionary grading permits shall be required for any grading which will involve: (a) the movement of more than two thousand cubic yards of earth; (b) the disturbance of more than five acres of earth material; or (c) is conducted within one hundred fifty feet of any pre-existing watercourse. Notwithstanding the foregoing, grading performed in connection with a detached single-family dwelling located on one parcel shall require a ministerial grading permit. A discretionary grading permit may be approved, conditionally approved, or denied by the director, as provided in this chapter. The issuance of all discretionary grading permits is subject to CEQA review by the county.

2. Ministerial grading permits shall be required for any grading not requiring a discretionary grading permit.

F. "Grading standards" are standards for grading set forth in Article IV of this chapter.

G. "Watercourse" shall mean 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" shall also include man-made watercourses.

(Ord. 1901 § 1(part), 2008)

In addition to any other enforcing officer designated by the board of supervisors, the director is hereby designated as the enforcing officer. The department of public works and every other county department shall provide technical assistance to any designated enforcing officer.

(Ord. 1901 § 1(part), 2008)

Except as provided in Section 9.43.060, no person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any grading without first obtaining a grading permit in accordance with this chapter. 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. Grading permits associated with any building permit, subdivision construction plan, or other development or land use entitlement shall comply with the provisions of this chapter.

(Ord. 1901 § 1(part), 2008)

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

A. Cultivation and production of agricultural products, including but not limited to gardening, land leveling incidental to such cultivation and production, forestry regulated by the California Department of Forestry and Fire Protection under an approved Timber Harvest Plan, the rearing and management of livestock, and any uses permitted under Section 17.10.020(A) and (B) (U-A Upland Agricultural District) or Section 17.12.020(A) and (B) (E-A Exclusive Agricultural District) of the Tehama County Code when undertaken upon lands within such zoning districts;

B. Mechanical cultivation practices related to activities exempt under subsection A of this section, including, but not limited to: disking, plowing, ripping, chiseling, and harrowing or landplaning to till the soil for the production of agricultural crops;

C. Grading to support, keep, create, replace, maintain, or continue agricultural support facilities related to activities exempt under subsection A of this section, including, but not limited to: drainage and erosion control facilities, irrigation systems, agricultural roads, and ponds or reservoirs;

D. Brush clearing and creation of firebreaks in accordance with the provisions of Public Resources Code Section 4291 et seq. or any county fire hazard abatement ordinance, or at the direction of the county fire chief for fire prevention and safety purposes;

E. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate or clay, for which a use permit and reclamation plan have been approved;

F. Operation of refuse disposal sites for which a valid permit has been issued pursuant to Chapter 9.04 of the Tehama County Code;

G. Temporary excavation for installation or abandonment of underground storage tanks and associated piping when no permanent change is made in the existing terrain and the excavation is refilled;

H. Temporary trench or pit excavation for the purpose of installing underground or overhead utilities;

I. Subsurface geologic exploration under the supervision of a licensed civil engineer, registered environmental health specialist, engineering geologist or archeologist;

J. The construction of pits for the containment of drilling fluids, when well drilling is performed pursuant to Chapter 9.42 of the Tehama County Code;

K. 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;

L. The removal and spreading of contaminated earth materials from underground tank excavations performed in compliance with Chapter 9.30 of the Tehama County Code; and

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

(Ord. 1901 § 1(part), 2008)

A. The provisions of this chapter shall be deemed to supplement corresponding provisions of any of the technical codes adopted by Title 15 of the Tehama County Code relating to grading and erosion control. Where the provisions of any of the technical codes and this chapter apply to the same subject matter, the provisions of this chapter shall apply, unless the provisions of the technical codes are more stringent or more narrowly apply to the specific situation, in which case the specific provisions of the technical codes shall apply.

B. All grading and other work performed pursuant to a grading permit issued in accordance with this chapter shall comply with all applicable statutes, regulations, ordinances, and rules of all federal, state, and local agencies.

(Ord. 1901 § 1(part), 2008)