§ 13-5. Exemptions.

A grading permit shall not be required if the amount of grading is fifty (50) cubic yards or less or meets any of the conditions specified below:

(a)

Excavation and grading authorized by a valid building permit as provided for under appendix J - Grading of the 2007 California Building Code, as adopted by section 26-1 of Chapter 26 of this Code; provided, however, that if the excavation and grading to be performed includes the construction of a driveway longer than one hundred fifty (150) feet, the Building Division shall, before issuing the building permit, direct the applicant to apply to the director for a determination of exemption pursuant to Section 13-5.1(b).

(b)

Construction of roads for forestry or fire protection purposes, as required by a governmental fire protection agency.

(c)

Excavations for: cemetery graves, tunnels, wells, mining, quarrying, undergrounding of utilities, public works projects, archaeological sites, or dams and public refuse disposal sites, controlled by other regulatory agencies.

(d)

Emergency projects due to landslides, road and bridge washouts, flooding or other natural disasters.

(e)

Routine maintenance of roads or manmade or engineered flood control channels and levees.

(f)

Grading specifically authorized by the terms of any discretionary permit or approval granted by the County of Butte.

(g)

Routine agricultural grading maintenance to support, keep, replace, refurbish, replant, cultivate and continue in an existing state or condition without decline, including existing agricultural improvements, such as, but not limited to, fields, pastures, crops, vineyards, orchards, facilities, buildings, structures, walls, fences, poles, ponds, reservoirs, dams, pipes, irrigation systems, bridges, and roads. All other agricultural grading for the conversion of existing non-agricultural vegetation to an agricultural operation will require an Agricultural Process Grading Review by submission of an Agricultural Grading Application to the Butte County Agricultural Commissioner for review and approval.

(h)

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

(i)

Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act.

(j)

Clearing of vegetation for fire protection purposes within one hundred (100) feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required in writing by a fire prevention or suppression agency.

(k)

Construction pursuant to subdivision plans or site improvement plans, which have been approved by the Department of Public Works. The off-site storage of excess soil from approved projects to be used as fill for other approved projects is exempt as long as proper erosion and sediment controls are maintained at the stockpiled storage site.

(l)

Maintenance of irrigation and drainage facilities.

(m)

An excavation for a sewage disposal system or a well that is constructed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.

(n)

An excavation for installation, closure, or remediation of an underground storage tank, performed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.

(o)

An excavation for removal or remediation of site contamination, performed under the oversight of the Butte County Public Health Department, Environmental Health Division, or the California Environmental Protection Agency, or the United States Environmental Protection Agency.

(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 2954, § 1, 9-24-91; Ord. No. 4011, § 1, 12-8-09)