14.07.050 Permits required.

Except as exempted in subsection (1) of this section, no grading shall be performed without first obtaining a permit. Issuance of a grading permit does not authorize the construction of retaining walls or other structures.

(1)    Exemptions. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A grading permit shall not be required for the following:

(a)    Excavation for construction of a structure permitted under this code.

(b)    Cemetery graves.

(c)    Refuse disposal sites controlled by other regulations.

(d)    Excavations for wells, or trenches for utilities.

(e)    Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay where the site and activity are subject to review by the Department of Natural Resources, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

(f)    Exploratory excavations performed under the direction of a registered design professional as defined by the International Building Code.

(g)    An excavation that (i) is less than two (2) feet in depth at its deepest point of excavation; or (ii) does not create a cut slope greater than eight (8) feet in height and steeper than one (1) unit vertical in one and one-half (1.5) units horizontal (sixty-six and seven-tenths (66.7) percent slope). In either case, the excavation must not exceed fifty (50) cubic yards on any one lot, and must not alter a drainage course.

(h)    A fill that (i) is less than one (1) foot in depth and placed on natural terrain with a slope flatter than one (1) unit vertical in five (5) units horizontal (twenty (20) percent slope); or (ii) is less than three (3) feet in depth at its deepest point. In either case, the fill must not be intended to support structures, must not exceed fifty (50) cubic yards on any one (1) lot, and must not obstruct a drainage course.

(i)    Agricultural practices, such as: (i) importing hog fuel or wood chips for mud control and livestock bedding; (ii) maintenance or repair of existing commercial or non-commercial agricultural facilities when there is no expansion; (iii) planting, including ground cover or organic mulch, when done according to ordinary farming management practices as defined by the USDA Natural Resource Conservation Service; (iv) soil preparation that is typically recognized as ordinary farming practices, to include importing soil amendments and enhancing materials; and (v) tilling when done according to ordinary farming practices. The agricultural practices must not obstruct any drainage courses.

(2)    Simplified Grading (Excavation, Fill, and Stockpile) Permits.

(a)    Certain grading projects less than five hundred (500) cubic yards in the rural area away from critical areas may qualify for a simplified grading permit. A simplified grading plan review is allowed for projects that meet the following criteria:

(i)    The application is for grading-only projects.

(ii)    The site is within the rural area.

(iii)    The grading is less than five hundred (500) cubic yards (cut and fill).

(iv)    There are no critical areas or their associated buffers or shoreline areas as identified by GIS within one hundred (100) feet of the proposed grading area. However, where critical area boundaries have been verified through an approved pre-determination or delineation in the field, grading may take place up to the critical area boundary/buffer.

(v)    There are no archaeological resources known to exist on the site.

(vi)    No historic resources will be affected by the grading.

(vii)    The proposal contains no fill intended to support a structure, a road, a driveway or a parking area.

(viii)    The proposed grading does not change the pre-grading drainage paths.

(b)    The grading plan will be reviewed according to the applicable provisions of this section. Erosion control will also be reviewed according to Section 40.385.030.

(c)    The responsible official may place additional requirements on the application based on site-specific conditions.

(3)    Regular and Engineered Grading (Excavation, Fill, and Stockpile) Permit. In addition to the general permitting and construction document provisions of IBC Sections 105.3 and 106, a grading permit requires the applicant to state the estimated quantities of excavation and fill. For any grading in excess of five thousand (5,000) cubic yards the work shall be performed according to an approved grading plan prepared by a registered design professional, and the project shall be designated on the permit application as “Engineered Grading.” For any grading involving less than five thousand (5,000) cubic yards the project shall be designated “Regular Grading” on the permit application, and the application does not need to be prepared by a registered design professional. If the responsible official determines that special conditions or unusual hazards exist, an application may be required to be categorized as “Engineered Grading” prepared by a registered design professional.

(4)    Submittal Requirements. To obtain a grading permit, the property owner shall first file for application with Clark County. All applications and plan sets shall contain the required information detailed in the grading permit application packet. (Sec. 1 of Ord. 2007-06-05; amended by Sec. 6 of Ord. 2009-01-01; amended by Sec. 2 (Exh. 1) of Ord. 2011-01-01)