Applicability of Permit Requirement
Pursuant to Section 110.14.130 of the County Grading Ordinance(PDF, 55KB), a grading permit is required for earth moving activities conducted on private property within the unincorporated area of El Dorado County in order to protect neighboring properties, public welfare and water quality of streams, rivers and lakes. In order for a permit to be granted, a proposed grading project must be consistent with the County General Plan, any applicable Specific Plan, the County Grading Ordinance(PDF, 55KB), the County Design and Improvement Standards Manual(PDF, 2MB), and the Building Code currently in force.
Exemptions
In accordance with Section 110.14.140 of the County Grading Ordinance,
The following categories of grading projects are exempt from the requirement of obtaining a grading permit except where such grading would create a cut or fill that could potentially endanger any structure intended for human or animal occupancy, threaten the stability of any public road, or obstruct any watercourse or drainage conduit. Projects located in the Tahoe Basin are not eligible for the exemptions listed in this section pursuant to Section 110.14.150. Exempt projects shall comply with all other requirements of this chapter, CEQA, the County stormwater management plan (SWMP) and all other relevant codes and ordinances.
A. Single-family dwellings and accessory structures that conform to all of the following design parameters:
- The volume of graded material is less than 250 cubic yards.
- All cuts are less than five feet in height.
- All fills are less than three feet in height.
- The area of soil disturbance is less than 10,000 square feet.
- No potentially unstable slopes or areas subject to erosion are created, as determined by the Director.
- Grading activities do not encroach into septic effluent disposal areas.
- Drainage is not directed into a septic effluent disposal area.
- Fills are not intended for support of structural improvements, including flatwork concrete, driveways, roads, and buildings.
- The grading activities would not alter previously placed erosion control materials or drainage facilities.
B. Multifamily residential or commercial/industrial projects that conform to all of the design parameters in Subsection A of this section and for which a waiver of the requirement for a grading permit has been authorized by the Director.
C. Grading that conforms to all of the design parameters in Subsection A of this section necessary to conduct soil, geotechnical, geological, or environmental studies by engineers, geologists, environmental health specialists or soil scientists in which the disturbed areas are subsequently restored to substantially the preexisting condition.
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 State Public Utilities Commission, a public agency governed by an elected board of directors, an agency of the State or an agency of the United States of America.
F. Excavations for the foundation of a building or structure where the construction of such building or structure has been authorized by a building permit issued by the County.
G. Trenching and grading 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.
H. Grading in accordance with plans and specifications incorporated into an approved surface mining permit, reclamation plan, or solid waste facilities permit.
I. Grading involving the ongoing operations of a vested mining facility that is conducted in conformance with an approved reclamation plan.
J. Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.
K. Routine cemetery excavations and fills.
L. Excavation within the public right-of-way under the authority of an encroachment permit issued by the County.
M. Installation of miscellaneous fills, such as landscape fills, that contain less than 250 cubic yards of material and conform to the design parameters listed in Subsection A of this section.
N. Construction of miscellaneous cuts that involve less than 250 cubic yards of excavation and conform to the design parameters listed in Subsection A of this section.
O. Agricultural grading activities that convert less than one acre of undisturbed vegetation to agricultural cropland.
P. Agricultural grading or other practices, including fuel reduction and fire protection, that do not substantially change the natural contour of the land and that use best management practices as recommended by the County Agricultural Commission and adopted by the Board of Supervisors.
(Ord. No. 4949, § 2(15.14.140), 8-10-2010)