§ 18.44.060. Exceptions from permits.

Permits will not be required under the exceptions listed hereafter. The exceptions concern only the obligation to apply for a permit and the exemption from the requirement of obtaining a permit does not relieve the owner from complying with the remaining provisions of this chapter. A stormwater pollution prevention plan and authorization to discharge stormwater under the TPDES construction general permit shall be required when required by state regulations. The city engineer or other designee of the city manager reserves the right to require a grading stabilization plan if it is determined that the excepted grading activity has the potential to cause off-site impacts. The person engaged in grading shall have the burden of establishing that he qualifies under any of the following exceptions:

A.

If the work is to be performed in connection with construction on a legally platted residential lot or an unplatted residential lot not exceeding one acre in size, and the grading is included as part of a valid building permit, a grading permit shall not be required. This exception shall not apply to any lot of any size within the Mountain Development Area.

B.

Where the work to be performed is routine agricultural or land management operations necessary for cultivation of the soil of a farm or ranch;

C.

Where the work is performed as part of a city solid waste disposal operation;

D.

Where the work is small in depth, area or impact. It includes landscaping that does not impact existing drainage patterns, such as tree planting, on a residentially used property or interment in properly zoned cemeteries.

E.

Demolition of existing buildings and structures including removal of the foundation system, provided that the original grades and drainage shall not be modified.

F.

Quarry operations.

G.

Road access to the area being surveyed and/or is the subject of geotechnical work, provided that grading for such access is less than twenty feet in width.

H.

Maintenance activities to restore a site to the previously approved grading plan.

I.

If the work is to be performed in connection with an existing commercial building permitted as determined by the permit official.

J.

Maintenance activities performed as part of the duties and services related to street and right-of-way maintenance pursuant to El Paso City Code, Section 13.02.010.

(Ord. No. 17516, § 1, 3-19-2011; Ord. No. 17809, § 1, 6-5-2012, 6-11-2012)