§ 41-62.1. Permit required.

No person shall perform or permit any other person to perform earthwork within the city without first having secured a permit for it. It is an affirmative defense to the permit requirement of this section that the earthwork is proposed on a lot smaller than one acre which is developed with an existing single-family residence or that that the earthwork is being performed in conformance with all applicable grading, erosion control and stormwater discharge regulations, pursuant to a previously obtained and currently active building permit. The lack of a requirement for a earthwork permit under this section shall not act as an exemption from any regulation, including grading, erosion control or stormwater discharge regulations, for activity that would otherwise be subject to such regulation.

(Ord. No. 8140, § 1, 3-20-03)