Chapter 16.20
APPLICABILITY AND EXEMPTIONS

Sections:

16.20.010    Applicability and exemptions.

16.20.010 Applicability and exemptions.

A. Scope.

1. All development projects shall require a Type 1 or Type 2 grading permit, except as exempted in subsection D of this section. In general, small private grading operations do not require a grading permit; major grading for custom home development requires a Type 1 permit, and general grading for larger development and/or commercial development projects requires a Type 2 permit.

2. Town development projects shall abide by the requirements of Chapter 16.40 STC (General Grading Performance Standards). The town council may grant a special exception at a public hearing to a requirement of said chapter for a town development project.

B. Type 1 (Grading Plan) Permit Applicability. A Type 1 grading permit is required for:

1. Single-dwelling residential development on a single lot;

2. Nonresidential development which does not require a subdivision plat or development plan;

3. Stockpiling of between 100 cubic yards and 50,000 cubic yards of material;

4. Grading which requires a permanent cut or fill slope greater than five feet in height and steeper than a 3:1 slope, or grading on slopes of 15 percent or greater;

5. New pavement of more than 3,000 square feet.

C. Type 2 (Grading Plan) Permit Applicability. A Type 2 grading permit is required for:

1. Residential development which requires a subdivision plat or development plan.

2. Nonresidential development which requires a subdivision plat or development plan.

3. Stockpiling of more than 50,000 cubic yards of material.

D. Exemptions. The following activities are exempted from this title:

1. The subsequent expansion, by less than 25 percent and not violating the spirit of this title, of an exempted or approved graded area;

2. The clearing, brushing or grubbing of an area of less than 14,000 square feet or for activities exempted in this subsection;

3. Stockpiling of less than 100 cubic yards of material;

4. Resurfacing or maintenance of an existing paved surface;

5. New pavement of less than 3,000 square feet;

6. Individual sewage disposal system with a county health department permit;

7. Excavation below finished grade for a basement, foundation, wall, or swimming pool authorized by a building permit or zoning construction permit (refer to STC 18.01.030(E), General Provisions);

8. Cemetery graves;

9. Refuse disposal site controlled by other regulations;

10. Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled;

11. Archaeological exploration conducted under state permit by a qualified archaeologist;

12. Removal of selected individual plants for storage and replanting;

13. Grading for the maintenance of an existing private access road or driveway; provided, that if either existed prior to adoption of, or was established in conformance with, this title, proof of such may be required by the town engineer;

14. Grading for an appurtenant access or utility easement;

15. Land uses under statutory exemption (refer to STC 18.01.030(C), General Provisions). [Ord. 2022-163 § 1.]