12.35.010 Grading – When permits are required.
Grading permits are required by the City of Millersburg in the following circumstances:
(1) When any grading is proposed in any watercourse shown in the City of Millersburg Storm Water Master Plan, in any watercourse receiving drainage from a public roadway, or in any watercourse lying within a public easement or right-of-way. A watercourse is any natural or artificial stream, river, creek, ditch, drainageway, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
(2) When placement of a structure is proposed in a watercourse shown in the City of Millersburg Storm Water Master Plan, or within a public easement or right-of-way.
(3) When grading involving more than 50 cubic yards is proposed.
(4) When grading is proposed over an existing public storm drain, sanitary sewer, or waterline. This does not include grading authorized under a public works contract awarded by the City of Millersburg, grading approved as part of a permit to construct public facilities as provided in Chapter 15.20 MMC, or grading conducted by City of Millersburg maintenance forces.
(5) Notwithstanding any of the foregoing, a grading permit is not required in any of the following circumstances:
(a) Routine farming activities on farm designated land;
(b) Cemetery grave sites;
(c) Grading incidental to a valid building permit and excavation below grade for basements, foundations, or footings for retaining walls or other structures authorized by a valid building permit;
(d) Construction of driveways or underground utilities;
(e) Grading or landscaping when less than 50 cubic yards of earth is moved;
(f) Grading or excavation associated with public works projects, roads, public ways, graves, or work controlled by other processes or regulations, such as wells, tunnels, utilities, or disposal sites;
(g) Minor adjustments in active grading permits or applications when necessary in order to adhere to City requirements or good engineering practices;
(h) Grading or excavation determined by the City Engineer or designee to be in substantial compliance with the intent of this chapter. Such a determination shall be appealable to the City Council. In the event of such an appeal, the decision of the City Council shall be final. (Ord. 166, passed 12-10-2019)