Article I. - Purpose and Effect.

Sec. 11-3.Responsibility for administration.

This chapter is and may be cited as the Sonoma County grading, drainage, and vineyard and orchard site development regulations.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-2. - Purpose.

This chapter is enacted for the purpose of regulating grading, drainage improvement, and vineyard and orchard site development within the unincorporated area of the county, and to establish ministerial standards for those activities that:

(a) Minimize hazards to life and property;

(b) Protect against soil loss, and the pollution of watercourses with soil and other pollutants;

(d) Protect watercourses from obstruction, and protect life and property from the deleterious effects of flooding;

(e) Protect against the destruction of human remains and archaeological resources; and

(f) Protect streams, lakes, ponds, and wetlands.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-3. - Responsibility for administration.

This chapter shall be administered under the direction of the board of supervisors, by and through the director of permit and resource management and the agricultural commissioner.

Sec. 11-4. - Applicability.

(a) Compliance Required. The provisions of this chapter shall apply to all grading, drainage improvement, and vineyard and orchard site development occurring within the unincorporated area of the county, except for grading and drainage improvement for timber operations conducted under an approved timber harvesting plan or nonindustrial timber management plan. The permit requirements in this chapter shall apply to all grading, drainage improvement, and vineyard and orchard site development subject to the provisions of this chapter, unless exempted from permit requirements by section 11-7, 11-9, or 11-11. The standards in this chapter shall apply to all grading, drainage improvement, and vineyard and orchard site development subject to the provisions of this chapter, regardless of whether a permit is required by this chapter.

(b) Liability. Nothing in this chapter, nor the issuance of a permit pursuant to this chapter, nor compliance with the provisions of this chapter or with any permit conditions, shall relieve any person from responsibility for damage to other persons or property, or impose any liability upon the county, its officers, agents, or employees, for damage to other persons or property.

(c) Relationship to Other Laws. The provisions of this chapter are not intended to and shall not be construed or given effect in a manner that conflicts with state or federal law, or interferes with the achievement of state or federal regulatory objectives. The provisions of this chapter shall be interpreted to be supplementary to and compatible with state and federal enactments, and in furtherance of the public purposes those enactments express. Compliance with the provisions of this chapter, however, does not ensure compliance with state and federal requirements. Further, the provisions of this chapter are not intended to and shall not be construed or given effect in a manner that supersedes other provisions of this code. Where another provision of this code establishes a stricter requirement than a provision of this chapter, that stricter requirement shall prevail.

(d) Other Permits. Nothing in this chapter shall eliminate the need for grading, drainage improvement, and vineyard and orchard site development to obtain any other permits, approvals, or authorizations required by this code or state or federal agencies.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-5. - Interpretations.

(a) Authority to Interpret. The director of permit and resource management and the agricultural commissioner shall have the authority to interpret the provisions of this chapter. Whenever the director of permit and resource management or the agricultural commissioner determines it necessary or appropriate, he or she may issue an official written interpretation or, in the alternative, may refer the issue of interpretation to the board of supervisors for determination.

(b) Language. When used in this chapter, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" shall mean "including but not limited to."

(c) Time Limits. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice provided in compliance with this chapter, the number of days shall be construed as calendar days, unless business days are specified. A time limit shall extend to 5:00 p.m. on the following business day where the last of the specified number of days falls on a weekend, county-observed holiday, or other day the county is not open for business.

(d) State Law Requirements. Where this chapter references applicable provisions of state law, the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

(Ord. No. 5891, § 7, 12-9-2008.)