12.08.070 Exemptions – Grading permit not required.
Unless in conflict with provisions of adopted general and/or specific plans, the following grading may be done without obtaining a permit. Exemption from the requirement of a permit shall not be deemed permission to violate any provision of this chapter:
A. Minor projects which have cuts which are less than five feet, and fills which are less than three feet, in vertical height at the highest point measured from the existing ground surface, and which meet all of the following criteria:
1. Involves less than 100 cubic yards of graded material in a single area, within a two-year period. In calculating the graded material quantity, excavation material used as fill material will not be counted twice. (For example: 50 cubic yards [CY] of excavation material that is also placed as fill material would be calculated as 50 cubic yards, not as 50 CY + 50 CY = 100 CY);
2. The removal, plowing under or burial of less than one acre (43,560 square feet) of vegetation in a single area within a two-year period, or 10,000 square feet of vegetation on slopes 10 percent or greater;
3. Does not create unstable or erodible slopes;
4. Does not create fill more than one foot in vertical depth intended to support structures;
5. Does not encroach onto sewage disposal systems including leach field areas;
6. Does not encroach into the areas designated as Zone A, AO or AE as shown on the Flood Insurance Rate Maps;
7. Does not obstruct any watercourse; or disturb, or negatively impact any drainage way, wetland, streambed riparian habitat, or water body;
8. Does not divert or obstruct overland flow, or negatively affect other adjacent properties;
9. Includes provisions to effectively prevent discharges of sedimentation and pollutants from the site;
10. Provides for completion of soil disturbing activities within a continuous period of 45 days, and revegetation of all disturbed areas immediately thereafter;
11. For driveway construction, also meets the requirements set forth in subsection (M) of this section;
12. For projects located in a “scenic corridor” overlay zoning district or other restricted or special treatment area identified in the general plan, zoning overlays, recorded additional information maps, or other mapped and officially adopted areas of concern, only when approved by the Planning Director or Planning Commission;
B. Grading done by or under the supervision or construction control of a public agency that assumes full responsibility for the work;
C. Excavations (but not fill operations) in connection with a swimming pool authorized by a valid building permit;
D. Retaining walls less than four feet in height, as measured from bottom of footing to the top of the retained soil;
E. Excluding roads, grading necessary for agricultural operations, unless such grading will create a cut or fill whose failure could adversely affect neighboring property, or endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit;
F. Trenching and grading incidental to the construction or installation of approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for post holes or approved wells;
G. Exploratory excavations less than 250 cubic yards for soil or geological investigations by a geotechnical engineer, civil engineer, or engineering geologist;
H. Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan, or sanitary landfill or environmental remediation project or petroleum product tank removal and installation where governed by other state or county ordinance;
I. Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition;
J. Limbing, tree thinning and modification of undergrowth and vegetation around homes to protect property and nearby watersheds from the threat of wildfire and to maintain healthy forests; provided, that such activities do not cause or contribute to erosion or sedimentation problems;
K. Routine cemetery excavations and fills;
L. Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Sierra County Planning Department promptly of the problem and work required and shall apply for a permit within 10 calendar days after commencing such work;
M. An excavation below finished grade for basements and footings of a building authorized by a valid building permit;
N. Construction or improvement of driveways less than 150 feet in total length, which are under 20 percent grade at any point, and which provide adequate drainage facilities and erosion control measures (as determined by the Planning Department) designed to access, and incorporated into the plans for, structures authorized by a valid building permit and, if applicable, a valid encroachment permit, and which meet the requirements set forth in subsection (A) of this section;
O. Timber harvest operations conducted under valid state or federal permit, stream alteration permits, dams under state jurisdiction, etc.