Trinity County Municipal Code Art. I Grading Restrictions

This chapter is adopted pursuant to California Constitution, Article XI, Section 7, and Government Code Section 25123.

This chapter is necessary for the preservation of the public peace, health, safety and environmental protection by balancing the needs of individual landowners and their renters, leasees and representatives with the needs of the community to be protected from public safety and nuisance issues associated with mass grading.

The use of equipment to mass grade, excavate or fill native or nonnative material, soil, rock or combination thereof is prohibited.

(Ord. No. 1347, § 1(1), 4-16-19)

The restrictions prohibit all grading activities in the unincorporated area of Trinity County, including underground excavations associated with human occupancy, agricultural grading activities that convert undisturbed vegetation to agricultural cropland and activities that modify previously cleared land unless the proposed activities are exempt from this requirement pursuant to Section 15.24.040. These grading restrictions apply to all individual parcels and any activity that:

A. Affects, contains, involves or consists of a volume of graded material greater than eight hundred cubic yards, whether contiguous or noncontiguous; and/or

B. The total contiguous or noncontiguous surface area to be graded is greater than twenty thousand square feet.

(Ord. No. 1347, § 1(2), 4-16-19)

Normal use permit planning fees shall apply in addition to associated direct costs accrued by the county for staff time related to plan review, site inspection, administration and coordination.

(Ord. No. 1347, § 1(3), 4-16-19)

The following categories of grading projects are exempt from this grading chapter:

A. Any project that obtains a director's use permit.

B. A project that grades a volume over eight hundred yards that obtains a conditional use permit.

C. Any function that requires a director's or conditional use permit.

D. Grading done under the supervision of a county agency for which the board of supervisors is the controlling body, or a public agency governed by an elected board of directors.

E. Excavation and placement of fill associated with the installation, maintenance, repair or replacement of facilities for the production, generation, storage, treatment, or transmission of water, wastewater (including recycled water), or electrical energy by a utility company regulated by the California Public Utilities Commission, a public agency governed by an elected board of directors, an agency of the State of California or an agency of the United States of America.

F. Trenching incidental to the construction or installation of county-approved underground pipelines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for approved wells or post holes.

G. Grading in accordance with plans and specifications incorporated into an approved surface mining permit, timber harvest plan, reclamation plan, solid waste facilities permit.

H. Any activity covered under the California Environmental Quality Act and/or subject to regulations adopted by the State Board of Forestry and the California Forest Practice Rules, except for three-acre conversions.

I. Grading involving the ongoing operations of a vested mining facility that is conducted in conformance with an approved reclamation plan and approved by use permit.

J. Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

K. Declared emergency work conducted, planned and/or overseen by local, state or federal agencies, included after incident mitigation placement.

L. Access roads and building pads consistent with conditions of approval for subdivision or parcel map approved by public works department, planning department or department of transportation.

M. Grading of existing access roads, private roads and driveways.

N. Fuel reduction and fire protection activities that do not grade more than two feet either above or below existing ground or substantially change the natural contour of the land.

O. Agricultural grading:

1. That does not grade more than two feet either above or below existing ground or substantially change the natural contour of the land, or that

2. Uses "best management practices," where applicable, as approved/recommended by a construction general permit qualified stormwater pollution prevention plan (SWPPP) qualified SWPPP developer (QSD).

Exempt projects shall comply with all other requirements of CEQA and all other relevant codes and ordinances.

(Ord. No. 1347, § 1(4), 4-16-19)

Within thirty days of receipt of a grading DUP or CUP permit application by the county, the county will approve, deny or request more information from an applicant. If the application is not approved, denied or more information is not requested the application will be deemed complete and project approval will be granted.

(Ord. No. 1347, § 1(5), 4-16-19)

Grading projects exempt from this chapter, or the approval of plans and specifications through other departmental permitting processes, shall not be construed as an approval of any violation of the provisions or of any other applicable county, state or federal law, ordinance, rule or regulation. If a permit is issued by the county due to inaccurate plans and informational materials submitted by the applicant, the director may revoke the permit at any time.

(Ord. No. 1347, § 1(6), 4-16-19)

Final decisions made by the director, or by any applicable county commission, appeals board or decision-maker, pursuant to this chapter may be appealed to the board of supervisors within ten working days of the date of such decision. The appeal to the board shall be made in writing and shall list the specific grounds for the appeal.

(Ord. No. 1347, § 1(7), 4-16-19)

Grading activities that cause or have the potential to result in the following conditions, as determined by the director, are prohibited.

A. The creation of a hazard to public health and safety.

B. A threat to the stability or use of adjacent property.

C. Damage to public or private utilities.

D. Damage to a public or private roadway or other transportation facility.

E. Damage to, or obstruction of, watercourses or drainage facilities.

F. Observable degradation of water quality of any water body.

G. Damage to existing septic systems and water supply wells.

H. Damage to survey markers, monuments, benchmarks or geodetic marks.

If one or more of the above conditions exist or have the potential to occur, it is the responsibility of the landowner to immediately cease all grading activities and notify the director. The landowner shall pursue corrective actions per Section 15.24.140 to eliminate the hazard. The director may require the submission of plans and engineering or geological reports that include professional design recommendations. The director may require design modifications to address the identified issues. In the case of an emergency condition, the director may authorize immediate work to occur pursuant to Section 15.24.090.

(Ord. No. 1347, § 1(8), 4-16-19)

Grading activities to protect life or property, or to implement necessary erosion control measures, may be initiated prior to obtaining approval when a situation exists that requires immediate action. Only the volume of grading necessary to abate an imminent hazard may be performed prior to obtaining a director use permit or permit required as conditions necessitate. The person performing such emergency work shall notify the director and provide photographic evidence of the scope and necessity of the work as soon as possible after the onset of the emergency situation. The person performing the emergency work or the landowner shall apply for a permit, including photographic evidence of the work already completed, within ten calendar days after the commencement of grading. The Director may order work to be stopped or restricted in scope based upon the nature of the emergency.

(Ord. No. 1347, § 1(9), 4-16-19)