§ 33-5-105. GENERAL REQUIREMENTS FOR GRADING, EXCAVATING AND SEDIMENT CONTROL.

(a)

Compliance with plan. All grading and the installation of erosion and sediment control measures shall be in accordance with the approved grading and erosion and sediment control plans.

(b)

Grading permit required.

(1)

A person may not change the natural ground level of any lot or parcel in any way that results or may result in any changing of the direction, volume, distribution, or velocity of the flow of surface water on or over any adjoining private or public property without a valid grading permit.

(2)

The method of disposal of ground or surface water shall be subject to approval by the Department of Permits, Approvals and Inspections, the Department of Public Works, or both.

(c)

Cut and fill slopes.

(1)

When grading a lot or parcel, if the new grade is lower than the surface or ground level of the adjoining property:

(i)

The new grade shall meet the existing grade at the property line at a maximum angle equal to 1 foot vertical to 3 feet horizontal, unless otherwise approved by the county; or

(ii)

A retaining wall shall be built entirely on the ground of the owner causing the grading.

(2)

(i)

When grading a lot or parcel for residential use, if the new grade is raised above the surface of the ground level of the adjoining property, the fill shall be sloped down to meet the existing grade on an angle less than the angle of repose of the material, but not steeper than 1 foot vertical to 3 feet horizontal.

(ii)

If at any point the toe of the slope, plus an adequate storm drain system or swale extending to an approved termination, extends beyond the adjoining property line, a retaining wall shall be built entirely on the land of the owner causing the fill to be made.

(3)

Cut and fill slopes for areas not designated for residential use may be graded to an angle equal to 1 foot vertical to 2 feet horizontal.

(d)

Organic matter in fill materials.

(1)

(i)

Except as provided in paragraph (2) of this subsection, all stumps and logs shall be removed from any fill material.

(ii)

Fill material may not contain rubble.

(2)

Stumps may remain in place if cut off at ground level where filling exceeds 3 feet and the stumps are a minimum of 20 feet from any proposed footing.

(3)

Fill material may contain a maximum of 10% organic matter except within 40 feet of footings for buildings or other structures.

(e)

Final grading.

(1)

In the final grading around any building, a positive grade is required away from the building and outfalling into an existing storm drain system, drainage swale, or other approved suitable area.

(2)

All grading shall be accomplished in a manner that prevents the ponding of surface drainage in low areas or the standing of water in stabilized areas due to the installation of gradients inadequate to carry surface drainage.

(f)

Stabilization of area. When the final grading is completed, all denuded areas shall be stabilized.

(g)

Support of banks near property line.

(1)

Wherever any excavation is made at or close to the property line of any public right-of-way or public or private property, the sides, the banks, or both the sides and banks shall be properly supported in accordance with plans, construction procedures, or plans and construction procedures approved by the county.

(2)

If in the opinion of the Department of Permits, Approvals and Inspections or the Department of Public Works, the nature of any excavation may create a hazard to public safety or property, the permittee shall be directed to construct walls, fences, guardrails, or other structures necessary to provide adequate protection.

(h)

Obstructing county inspectors. A person may not interfere with or obstruct the access to or from any site or premises by an authorized representative of the county engaged in inspecting any grading activity that has been issued a permit or that may require a permit under this title.

(i)

Work done in violation of grading permit requirements. On any property where grading is being done in violation of the grading permit requirements set forth in this title, after being notified by the Department of Permits, Approvals and Inspections, the owner shall, cease all grading and construction activity, install any temporary erosion and sediment control measures directed by the Department, and submit the plans and security necessary to obtain the required permit.

(j)

Restoration of damaged adjacent property. When damage occurs on property adjacent to a construction site due to any grading operation or failure of any erosion and sediment control measures, the permittee or a designated agent shall contact the owner of the damaged property and attempt to obtain permission to enter onto the property and restore the damaged area, as near as possible to its natural state.

(k)

Restoration of damage to public property, utilities and other areas.

(1)

If erosion and sediment damage occurs to any public property or utilities maintained by the county due to the failure of any erosion and sediment control measures, the permittee or a designated agent shall clean, repair, or restore the damaged areas or facilities in a manner acceptable to the Department of Permits, Approvals and Inspections and the Department of Public Works.

(2)

If damage occurs to a watercourse, wetland, floodplain, buffer, habitat protection area, or forest buffer on or adjacent to the construction site due to any grading operation or failure of erosion and sediment control measures, the permittee shall restore the damaged area as close to its original condition as technically feasible, subject to the approval of the Department of Permits, Approvals and Inspections and the Department of Environmental Protection and Sustainability.

(l)

Responsibility for maintenance, etc., in accordance with plan. The permittee and the owner or owners of any property that is the subject of a grading permit shall perform the maintenance, repair, or restoration necessary to ensure that all erosion and sediment control measures are maintained in accordance with the approved plans and specifications.

(m)

Copy of plan required at job site. A copy of the approved erosion and sediment control plan and grading plan shall be maintained on the job site at all times.

(n)

Notice before beginning work. The permittee shall notify the Building Inspection Division of the Department of Permits, Approvals and Inspections before beginning any grading operation.

(o)

Completion of certain work prior to issuance of use and occupancy permit; exceptions.

(1)

Except as provided in paragraph (2) of this subsection, on property improved with residential or commercial buildings, the following items shall be completed before issuance of a use and occupancy permit:

(i)

All vegetated stabilization;

(ii)

All paved areas, driveways, parking lots, and sidewalks;

(iii)

The installation of rain gutters, downspouts, and splash blocks; and

(iv)

Removal of all debris, unused building material, and stumps from the property.

(2)

(i)

Compliance with the requirements of paragraph (1) of this subsection may be deferred when a building is completed during the winter months and compliance cannot be accomplished due to weather conditions.

(ii)

In case of deferral, compliance with the provisions of paragraph (1) of this subsection shall be accomplished as required by the Department of Permits, Approvals and Inspections.

(p)

Work in Chesapeake Bay Critical Area.

(1)

All construction, grading, or removal of forest or developed woodland areas within the Chesapeake Bay Critical Area shall be in accordance with Chesapeake Bay Critical Area law and regulations.

(2)

Forest or developed woodlands or portions of forests or developed woodlands in the Chesapeake Bay Critical Area that have been cleared before obtaining a grading permit or that exceed the maximum area allowed in § 33-2-603(c)(3)(i) of this article shall be replanted at three times the areal extent of the cleared forest or developed woodland.

(3)

Before the issuance of a use and occupancy certificate for any construction within the Chesapeake Bay Critical Area, the Department of Environmental Protection and Sustainability shall conduct a field inspection to ensure compliance with the approved plans submitted in order to obtain the grading permit, as determined by the Chesapeake Bay Critical Area law and regulations.

(1988 Code, § 14-194) (Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 72-12, §§ 2, 3, 1-9-2013)