Grading Ordinance Requirements of the Mendocino County General Plan

The Mendocino County General Plan adopted in 1991 and amended in 1993 states: "A grading ordinance, compatible with Chapter 70 of the Uniform Building Code and exempting regulated lands, shall be adopted and implemented."

Even though ordinances related to grading have been drafted by the Department of Planning and Building and have been considered by previous Boards of Supervisors, the County still does not have an ordinance which would give guidelines and regulations for the movement of soils. The County relies on the provision of UBC 70 to regulate grading activity in the County. However, the General Plan states: "Construction-related erosion is not regulated-- Grading activities related to building come under the jurisdiction of Chapter 70 of the Uniform Building Code as part of the building permit process. The standards described are mainly engineering standards and do not address erosion prevention or water quality protection." There seems to be little enforcement of UBC 70 which states that a permit is necessary for the movement of more than two cubic yards of soil.

On June 22, 1998, the Mendocino County Board of Supervisors passed order 1/182, which states: "IT IS ORDERED that the Board of Supervisors directs county staff not to pursue a grading ordinance in light of the 5-county salmon conservation planning effort."

Two Mendocino County Supervisors and several County staff representatives have been participating in the 5-county meetings. Mendocino, Humboldt, Del Norte, Trinity, and Siskiyou Counties have been meeting during the past year to develop plans for protecting salmonid habitats. One of many issues the group is addressing is that of grading which affects fisheries. The timeline for the group indicated that a draft plan would be completed by May 1,

The failure of the Board of Supervisors to enact a grading ordinance may leave the County vulnerable to citizen lawsuits.