When You Don't Need a Grading Permit

The permit requirements of Section 22-7.8 of this Article shall not apply to the following:Work in a public street, sidewalk, alley, right-of-way or in an isolated, self-contained government controlled area.Mining, quarrying, landfill or sanitary landfill operations subject to and operated in accordance with applicable County, State or Federal government regulations or laws, unless required by such other government regulations or laws or any permits issued thereunder.Excavation and backfill for the construction of basements and footings of a building, retaining wall, or other structure authorized by a valid building permit within the footprint of the building. This shall not exempt any fill made outside the building lines or the placing of fill material obtained from excavations on other premises.Grading and grubbing individual cemetery plots.Agricultural operations, including ranching incidental to or in conjunction with crop or livestock production, managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district directors, and in accordance with an actively pursued comprehensive conservation plan that has been exempted by the County Engineer.This exemption shall not be granted by the County Engineer unless:The applicant submits a copy of the conservation plan to the County Engineer, accompanied by written verification that the Soil and Water Conservation District Board approved the plan, and a copy of the State Department of Land and Natural Resources Historic Preservation Division's comments to the plan;The conservation plan does not alter the drainage pattern;The land covered by the conservation plan is identified through mapping and numbers by tax map key parcels;The conservation plan includes best agricultural management practices; andThe applicant gives written authorization for the County Engineer to inspect the applicant's files held by the Soil and Water Conservation Districts and the U.S. Department of Agriculture Natural Resources Conservation Service.The County Engineer shall:Attend all meetings of the Soil and Water Conservation District Boards at which a soil and water conservation plan may be approved; andIndicate whether the Department of Public Works has record of any prior or pending violations of this Article for the subject property, or any other matter relevant to the Board's decision whether to approve the plan.Upon a showing of necessity, the County Engineer may require an applicant to produce a topography map showing specific fields or areas on which the agricultural operations will occur, before the exemption is effective, where the plan covers fifteen (15) acres or more.The County Engineer shall issue to the applicant a written decision within thirty (30) days of receiving a copy of the plan with the supporting documentation specified above.This exemption shall terminate upon cancellation of the plan by the Soil and Water Conservation District Directors or upon cancellation of the exemption by the County Engineer.Any grading, grubbing, or stockpiling beyond the scope of the plan is subject to the requirements of this Article and may be enforced in accordance with the provisions of this Article.Any exemption granted under this Section shall terminate ten (10) years after the Board's approval, unless the plan, with appropriate modifications, is reviewed and re-approved by the Soil and Water Conservation District Board.Excavation or fill that does not unreasonably alter the general drainage pattern to the detriment of abutting properties, does not exceed one hundred (100) cubic yards of material on any one (1) site, and does not exceed five (5) feet in vertical height or depth at its deepest point.For excavation or fill that does not alter the general drainage pattern to the detriment of abutting properties, is over one hundred (100) but less than one hundred fifty (150) cubic yards of material on any one (1) site, and does not exceed five (5) feet in vertical height or depth at its deepest point from the original grade, in lieu of obtaining a permit, a notice of intent shall be filed with, and on a form furnished by, the Engineering Division, Department of Public Works, at least ten (10) business days before the work begins.Grubbing that does not unreasonably alter the general drainage pattern to the detriment of abutting properties and does not exceed a total area of one (1) acre.Exploratory excavations not to be incorporated in the anticipated project under the direction of an engineer for the purpose of subsurface investigation provided that these excavations will be filled in a reasonable period of time and provided that the County Engineer is advised in writing prior to the start of the excavations.Trenching and backfilling for installation of utility and drainage conduits.Historic/cultural restoration work for a non-profit organization as described in Internal Revenue Code Section 501(c)(3), where a permit application is approved. Permit fees and bond requirements are waived for work commenced after approval of such application.Notwithstanding the exemptions contained herein, the activities described in Sec. 22-7.6(b), (f), (g), and (h) shall be subject to the requirements of Sec. 22-7.17(a), (c), (d), (e), (f), (g), and (i) and Sec. 22-7.18(a), (b), and (c). All exemptions are subject to the requirements of Sec. 22-7.5.