The purpose of this chapter is to set minimum standards for the construction of landfills, excavations and related activities so as to prevent erosion, sedimentation and other environmental damage and to promote the public health, safety and general welfare of the community. (Ord. 445 § 1(part), 1979).

Normal English usage shall apply in the interpretation of this chapter. The Glossary of the Erosion and Sediment Control Handbook, May 1978, Department of Conservation, Resources Agency, state of California, maintained by the county engineer, however, shall be controlling as to the terms and phrases contained in this chapter in the event of a dispute as to their meaning. (Ord. 445 § 1(part), 1979).

It is unlawful for any person, firm, corporation, local public agency or any political subdivision of the state of California to do, or cause to be done, any of the following without having first secured a permit from the county engineer:
A. Any leveling, grading or moving of earth that will change or obstruct natural or man-made drainage channels or change the natural course of water flow;
B. Any change of drainage that diverts water flow to a public road;
C. Any placing of fill or obstructions in a drainage ditch, watercourse, channel or conduit carrying storm or drainage water;
D. Placing of fill or excavated material in such a manner that it would become subject to excessive erosion;
E. Any leveling of land which would cause flooding of adjacent properties or public roadways;
F. Removal of natural vegetation or disturbance of the soil, except for cultivation of crops, where the area exceeds fifteen thousand square feet;
G. Excavating and grading for buildings and other development as provided for under Chapter 70, Uniform Building Code;
H. Excavation and grading for roads on private property. (Ord. 445 § 1(part), 1979).

Exceptions from the requirements of this chapter are as follows:
A. Site grading, driveways, and other work authorized by a valid building permit;
B. Use of land for gardening primarily for home consumption;
C. Fire and fuel breaks as required by government agencies and/or brush removal for fuel reduction or range improvement;
D. Clearing of vegetation from canals and other water courses used for irrigation purposes;
E. Timber harvesting pursuant to and under the authority of federal or state law, contract or license;
F. Private road maintenance.
(Ord. 445A § 1, 1981: Ord. 445 § 1(part), 1979).

A. Application for Permit. Each application for a permit that is required by this chapter shall be made by the property owner or the authorized agent to the county engineer on a form furnished for that purpose.
B. Applications for permit shall include the following information where applicable:
1. An accurate plot plan showing the exterior boundaries of the area affected and the location of any buildings or improvements;
2. A description of the work to be done together with the materials to be used therefor;
3. A description and location of the pattern of drainage to and from the site, the location of culverts and natural watercourses and the directions of flow;
4. The relocation plan for any existing waterway or drainage facility proposed to be altered;
5. Details of any proposed drainage structures;
6. An erosion and sediment control plan including a time frame for implementation.
C. Where the complexity of the project requires additional information, the following additional information may be required:
1. Drainage flow computations giving volume of run-off to and from the site;
2. Present and proposed contours for the site;
3. Soils information describing type, depth, erodibility and capability for establishing vegetation.
D. Applications shall conform to land use regulations as required by Title 18 (Zoning), of the Madera County Code. (Ord. 445 § 1(part), 1979).

A. Applications for permits shall be reviewed by the county engineer and by such county officials and departments as are necessary to determine that the requirements of this chapter are met and that neither the proposed work nor the effects thereof will be detrimental to the public health, safety or welfare.
B. All permits except permits for excavation or grading on county roadways or road rights-of-way shall be issued by the county engineer. Permits for excavation or grading on county roadways or road rights-of-way shall be issued by the road commissioner.
C. The duration of the permit shall be stated on the face thereof. No permit shall be valid for more than two years from the date of issuance.
D. Because of special circumstances including, but not limited to, size, shape, topography, drainage, soil type, and gradient, an applicant may be required to furnish acceptable security to insure adequate soil stabilization and revegetation and to protect the public health, safety and welfare.
E. The county engineer and road commission may require that the applicant furnish such information as is reasonably necessary to thoroughly review and evaluate the application. The county engineer and road commission may issue a permit subject to such conditions as may be reasonably necessary to carry out the purposes of this chapter. (Ord. 445A § 2, 1981: Ord. 445 § 1(part), 1979).

A. Except as permitted by this chapter, driveway access to parcels shall be from the driveway location depicted on the parcel map or subdivision map.
B. Driveway access shall be certified by a registered civil engineer, licensed in the state of California and shall include the following representations:
1. The driveway can be constructed in the location shown on the recorded map in compliance with the requirements of Public Resources Code Section 4290 and county development standards. If it is determined that a driveway cannot be constructed for a parcel, the applicant will be required to file an amended tentative map which will provide a driveway within the parcel’s offered or deeded lot frontage as shown on the re-recorded map.
2. The driveway meets the AASHTO or Caltrans requirements for adequate sight distance to permit safe road access.
C. The road commissioner or his designee, in his discretion, may permit design exceptions to allow driveway access at other points within the parcel frontage so long as the driveway meets the requirements of Public Resources Code Section 4290, county development standards and AASHTO or Caltrans requirements for adequate sight distance, unless the access rights have been waived. If access has been waived, the driveway must be constructed in the exact location shown on the recorded parcel map or subdivision map. (Ord. 610 § 4, 2005).

A. The standards for erosion control of the Erosion and Sediment Control Handbook, May, 1978, Department of Conservation, Resources Agency, state of California may be considered acceptable for the purposes of this chapter.
B. The standards for excavating and grading shall be as set forth in Chapter 70 of the Uniform Building Code.
C. Watercourses and drainage facilities that are relocated shall conform to good civil engineering practices and standards.
D. Roads shall conform to the requirements of the county road department or other approved standards. (Ord. 445 § 1(part), 1979).

The county engineer and road commissioner may modify the standards set forth in subsections A and B of Section 14.50.070 because of special circumstances including, but not limited to, size, shape, topography, drainage, soil type, and gradient. (Ord. 445A § 3, 1981).

A. Sediment Control. Sediment shall be retained on the site. Sediment basins, sediment traps, or similar sediment control measures shall be installed at the time of clearing and grading operations.
B. Native vegetation shall be retained, protected and supplemented wherever possible. When vegetation must be removed, the method shall be one that will minimize the erosive effects from the removal. Exposure of soil to erosion by removing vegetation shall be limited to the area required for immediate construction operations.
C. Grading operations shall be conducted so as to prevent damaging effects of sediment production on the site and on adjoining properties. Operations should be conducted during the period of May 1st through November 30th as much as possible. During the period of December 1st through April 30th, more stringent controls may be required.
D. Control of Runoff. Provisions shall be made to control the increased runoff caused by changed soil and surface conditions during and after development. To prevent excess runoff, the rate of surfacewater runoff shall be structurally retarded through use of sediment basins, silt traps or similar measures.
E. Slope Construction. Cuts shall be no steeper than 1:1 and fills shall be no steeper than 1-1/2:1 unless soil conditions indicate a different slope is necessary for stability. Erosion control measures shall be specified to provide stabilization. Slopes shall not be constructed so as to endanger or disturb adjoining property.
F. Slope Stabilization. Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for surface runoff. Temporary mulching, seeding, or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
G. Structural Protection. Retaining walls shall be designed to retain steep embankments. Slope stabilization using flexible or rigid paving materials and channel lining are all acceptable methods of providing erosion and drainage control when designed according to good civil engineering practice and standards.
H. Grading. All land within a development shall be graded to drain and dispose of surfacewater. Where drainage swales are used to divert water they shall be vegetated or protected with rock, paving or other approved methods to prevent erosion.
I. Protection of Watercourses. Fills placed against watercourses shall have suitable protection against erosion during flooding. Excavated materials shall not be deposited or stored in or alongside any river or watercourse where the materials so deposited are likely to be washed away by high water or storm runoff.
J. Disposal of Cleared Vegetation. Vegetation removed during clearing operations shall be disposed of as follows:
1. Chipping all or some of the cleared vegetation for use as mulch or compost on the site;
2. Burning under fire permit;
3. Removing the material to an approved disposal site;
4. Burying the material on site except below building sites or parking areas;
K. Disposal of Excavated Materials. Excavated materials removed shall be disposed of as follows:
1. Topsoil may be stockpiled on the site for use on areas to be revegetated. Stockpiles shall be located far enough from streams or drainageways so as to insure that surface runoff cannot carry sediment downstream;
2. Backfill and compact soil promptly into trenches and pits to reduce the risk of erosion;
3. Apply mulch or protective coverings on stockpiled material which will be exposed to rains;
4. Remove material from the site to an approved location. (Ord. 445 § l(part), 1979).

A. A hearing may be set by the board of supervisors for purposes of reviewing the permit application if:
1. The applicant has been denied a permit or disagrees with the conditions imposed by the approving agency and requests an appeal to the board;
2. Any other person directly or adversely affected by the decision to grant a permit who requests a hearing within fifteen days after the mailing of notice of issuance of the permit. The filing of any appeal shall stay the issuance of the permit until such time as the appeal has been decided by the board. Notice of permit issuance shall be provided by mail to adjacent landowners within three hundred feet of the subject property in those cases where the county engineer determines that a change in the area drainage pattern may result from the work contemplated.
B. Cost of filing an appeal shall be thirty-five dollars. (Ord. 445 § l(part), 1979).

A. The county engineer and his authorized representatives shall conduct such inspections as deemed necessary to insure compliance with the approved plans and conditions of the permit. The county engineer or his representative shall have the right of entry upon the premises, the right of stoppage of any construction operation in violation of the permit and the right of clearing out or opening the stoppage of any drainage facility that is deemed to be contrary to the provisions of the permit or this chapter.
B. 1. Inspections shall be conducted upon notification to the county engineer as follows:
a. After sediment control measures have been taken and at the time that clearing and grading operations begin;
b. Before pouring concrete or placing pavement or channel lining;
c. Prior to October 15th on erosion control work;
d. After vegetation removal and grading operations are complete or are temporarily stopped;
e. When slope stabilization and watercourse protection work are complete.
2. Other inspections shall be made as required by the time schedule of operations and as determined by the inspector. (Ord. 445 § l(part), 1979).

The permit fees shall be as follows:

(Ord. 445 § l(part), 1979)

A. The county engineer is hereby authorized to interpret, apply and enforce the provisions of this chapter.
B. Whenever any grading work is being done contrary to the provisions of this chapter, or the terms and conditions of any permit issued under its authority, the county engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the county engineer to proceed with said work.
C. Violation of the provisions of this chapter or the terms and conditions of any permit issued under its authority is a misdemeanor punishable as provided by law. Each person violating this code shall be guilty of a separate offense for each and every day said violation is committed, continued or permitted by any such person.
D. In addition, violation of the provisions of this chapter or the terms and conditions of any permit issued under its authority constitutes a nuisance. The remedy to abate such nuisance shall be as provided by Chapter 7.20, and shall be in addition to any other remedy provided by law, including the filing of an action in the superior court of the county to restrain or enjoin any such violations. (Ord. 445 § l(part), 1979).