In general, a construction permit is required when the total volume of cut and fill material is 100 cubic yards or more. This permit can also be required under other circumstances-e.g., when grading affects a drainage course or creates slopes steeper than two horizontal to one vertical or creates a cut slope higher than five feet. In order obtain a construction permit for grading, an application must be submitted to HCD-Building Services and all appropriate fees paid. 

A construction permit cannot be issued if a determination is made that grading will result in hazards by reason of flood, geological hazard, seismic hazard or unstable soils, or is liable to endanger any other property, result in the deposition of debris on any public way or property or drainage course, or otherwise create a nuisance.

Grading Handouts

• Contour Maps
• Earthwork Grading Calculations
• Height of Structure
• Slope Calculations
• Staking Requirements for Grading Construction
• Winter Grading Operations (October 15 through April 15th)

Grading plans shall be included with all applications for construction permits. Grading plans shall be drawn to scale upon substantial reproducible material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of Monterey County Code Chapter 16.08 and all relevant laws, ordinances and regulations. the location of the work, the name and address of the owner, and the parcel number of the property on which the grading is to be done shall be clearly shown on each set of plans.

The plans shall include the following information:

1. A statement as to the specific intentions or ultimate purpose for which the grading is being done;
2. General location of the proposed site;
3. Property lines and relative contours of the existing ground and details of terrain and area drainage;
4. Elevations, dimensions, location, extent, and slopes of all proposed grading by contours or other suitable means;
5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff at the area served by any drains;
6. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations;
7. A statement of the quantity of excavation and fill, and estimated starting and completion dates;
8. Specifications, when required, shall contain information covering construction and material requirements.

Geology

• Geologic Hazards:
  • Click Faults and Earthquakes for information on:
    • Faults and Earthquakes in California (CGS Note 31)
    • Fault Rupture Hazard Zones in California (CGS Special Publication 42)
    • Guidelines for Evaluating the Hazard of Surface Rupture (CGS Note 49)
  • Landslides and Liquefaction
    • Guidelines for Evaluating and Mitigating Seismic Hazards in California (CGS Special Publication 117A)
    • USGS Emergency Assessment of Post-Fire Debris-Flow Hazards
  • Tsunami
    • NOAA Tsunami Program
    • Department of Conservation Tsunami Hazard Area Maps, Updated 2022
    • Tsunami Inundation Maps
      
      
• Hydrogeology:
  • California's Groundwater -DWR Bulletin 118
    
    
• Legislation:
  • Alquist Priolo Earthquake Fault Zoning Act (1972)
  • Seismic Hazards Mapping Act (1990)
    
    
• Organizations: 
  • Association of Environmental & Engineering Geologists
  • California Geological Survey
  • California State Mining & Geology Board
  • US Geological Survey

A geotechnical report or engineering geology report shall be included with construction permit applications, unless waived by the Building Official. The report shall include data regarding the nature, distribution, and strength of existing soils, conclusions, and recommendations.

The report shall include an adequate description of the geology of the site, conclusions, and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

Recommendations included in the report shall be incorporated into the grading plan.

Cut slopes shall be no steeper than two horizontal to one vertical. Steeper slopes may be allowed if the Building Official determines they will be stable or if a civil engineer or geologist certifies that the site has been investigated and that the proposed deviation will be and remain structurally stable. The top of cut slopes may be required to be rounded off so as to blend in with the natural terrain.

Drainage terraces shall be provided. If vegetation removal takes place prior to a grading operation and the actual grading does not begin within thirty (30) days from the date of removal, then that area shall be planted in accordance with the provision of Monterey County Code Section 16.08.340 to control erosion. No vegetation removal or grading will be allowed which will result in siltation or water-courses or uncontrollable erosion.

Unless otherwise recommended in an approved geotechnical report, fills shall conform to the following provisions:

Fill slopes shall not be constructed on natural slopes steeper than two to one unless a civil engineer or geologist devises a method of placement which will assure the fill will remain in place. Slough shall not be placed on any slope where it is likely that it will enter a drainage course. Fill slopes shall toe out no closer than twelve (12) feet horizontally to the top of existing or planned cut slopes (see Figures 3 included following this Chapter.)

Preparation of Ground For Fill. The ground surface shall be prepared to receive fill by the removal of topsoil and other unsuitable materials as determined by the soil engineer and, where the slopes are five to one or steeper, by keying into sound bedrock or other competent material.

Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least twelve (12) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

Fill Material Permitted. No organic material shall be permitted in fills except as topsoil used for surface plant growth only and which does not exceed four inches in depth. The Building Official may permit placement of imported rock over twelve (12) inches in its maximum dimension only when a civil engineer, soils engineer, or engineering geologist properly devises a method of placement, supervises its placement under continuous inspection, and provides assurance of fill stability.

Fill Slopes. No compacted fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. The Building Official may require that the fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if he or she finds this necessary for stability and safety.

Compaction of Fills. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by the Uniform Building Code, Standard No. 70-1. Compaction tests may be required on any fill. As a minimum requirement, filed density verification must be submitted for any fill greater than twelve (12) inches in depth where such fill may support the foundation of a structure.

Drainage and Terraces. Drainage and terraces shall be provided in the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Monterey County Code Section 16.08.330.

Levees. Design plans shall be approved by a Registered Civil Engineer and be based on standards established by the Department of the Army, Corps of Engineers, as published in that agency's Engineer Manual EM1110-2-1913.

When grading operations take place from October 15th through April 15th, the following measures must be taken to mitigate erosion:

1. Vegetation removal shall not precede subsequent grading or construction activities by more than 15 days. During this period, erosion and sediment control measures shall be in place.
2. Disturbed surfaces not involved in the immediate operations must be protected by mulching and/or other effective means of soil protection.
3. Run-off from the site shall be detained or filtered by berms, vegetated filter strips and/or catch basins to prevent the escape of sediment from the disturbed area or site. These drainage control measures must be maintained by the contractor as necessary to achieve their purpose throughout the life of the project.
4. Erosion and sediment control measures shall be in place at the end of each day.
5. The Monterey County inspector may stop operations during periods of inclement weather if erosion problems are not being controlled adequately.

The 2019 California Building Code includes slope setbacks from site boundaries and footing setbacks from slopes.

1808.7.1 Building clearance from ascending slopes.
In general, buildings below slopes shall be set a sufficient distance from the slope to provide protection from slope drainage, erosion and shallow failures. Except as provided in Section 1808.7.5 and Figure 1808.7.1, the following criteria will be assumed to provide this protection. Where the existing slope is steeper than one unit vertical in one unit horizontal (100-percent slope), the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees (0.79 rad) to the horizontal. Where a retaining wall is constructed at the toe of the slope, the height of the slope shall be measured from the top of the wall to the top of the slope. 

1808.7.2 Foundation setback from descending slope surface.
Foundations on or adjacent to slope surfaces shall be founded in firm material with an embedment and set back from the slope surface sufficient to provide vertical and lateral support for the foundation without detrimental settlement. Except as provided for in Section 1808.7.5 and Figure 1808.7.1, the following setback is deemed adequate to meet the criteria. Where the slope is steeper than 1 unit vertical in 1 unit horizontal (100-percent slope) the required setback shall be measured from an imaginary plane 45 degree (0.79 rad) to the horizontal, projected upward from the toe of the slope.

1808.7.3 Pools.
The setback between pools regulated by this code and slopes shall be equal to one-half the building footing setback distance required by this section. That portion of the pool wall within a horizontal distance of 7 feet (2134 mm) from the top of the slope shall be capable of supporting the water in the pool without soil support.

All private road construction involving grading shall be done under permit pursuant to the provisions of Chapter 16.08. The Building Official may modify these requirements for emergency access or temporary roads. All private driveways less than fifty (50) feet in total length shall be exempt from the requirements of Subsection 16.08.350B.

Private road construction requiring a grading permit shall be subject to the following requirements:

1. Width of roadbed shall be ten (10) Fire Standards require 12 feet minimum.
2. Minimum centerline radius shall be thirty (30) feet.
3. In no situation will road gradients be allowed grater than twenty-five (25) percent.
4. The structural section shall consist of a minimum of four inches of Class II aggregate base, except where native materials provide sufficient bearing capacity for all weather use. Additionally, one and one-half inches of asphalt concrete surfacing shall be provided where road gradients exceed fifteen (15) percent.
5. Asphalt berms are required where necessary to control drainage. Discharge shall be at points of natural waterways with energy dissipaters installed where necessary to control erosion.
6. Turnouts shall be provided at least every five hundred (500) feet if the traveled way width of the roadbed is less than sixteen (16) feet.

In general, a grading permit is required when the total disturbance from a site; (volume of cut and fill soil materials on a site; importation or exportation of soil materials) equals or exceeds 100 cubic yards.  As a rule of thumb, one cubic yard is equal to 27 cubic feet, which is equivalent to a box measuring 3 feet on each side.  An easy method for estimating 100 cubic yards is to imagine a typical master bedroom completely filled with soil materials.

A grading permit can also be required under other circumstances, for example, an over the counter (OTC) grading permit may be required for the construction of a new private driveway or private road over 50 feet in length.  A permit is also required, where grading affects a drainage course or creates slope steeper than two to one or creates a cut slope higher than five feet.

 In order obtain a construction permit for grading ; the construction permit application form must be completed.  Contact the Permit Center for application forms and supplemental documents including grading handouts related to a construction permit for grading. The specific application required will be determined by the scope of the project.  The applicant will be asked to complete the appropriate applications, submit all required plans, documents and pay applicable fees and bonds.

In most cases, a construction permit application requires six (6) sets of grading and drainage plans which include a site plan in each set.  Supplemental information may include two (2) site specific soils report for habitable structures.  Additional documents may include geological reports. compactions reports, surveys to establish grades, property lines and location of structure, erosion control plans, best management practices (BMPs), maps, and diagrams used to produce your calculations to help prevent any delays in processing your grading permit application.

Once your grading permit application is submitted, it will be forwarded to one or more of the inter-department agencies.  These agencies will verify compliance, if applicable, with the approved planning permit, design approval, and the various codes and ordinances.

An over-the-counter (OTC) permit may be issued under a grading permit number for a new private access driveway greater than fifty (50) feet in total length that requires less than one hundred (100) cubic yards of soil materials.

Three (3) copies of driveway drawings and details are required for an over-the-counter (OTC) private access driveway permit submittal.

Download application forms and supplemental documents including grading handouts related to a grading permit.

When your grading plans have been approved, you have completed all holds required for issuance, and paid your fees, your permit is issued and you are ready to start grading construction.

You will receive one set of approved drawings, stamped and dated along with an inspection card. The plans and inspection card should be kept at the job site at all times.  A second set of approved drawings, calculations and inspection card will be maintained with the Grading Inspection Division.

Your permit is valid for 180 days from the date of issuance.  If you do not begin construction within 180 days or call for an inspection within this period, your permit will expire. 

Each time you pass an inspection, your permit is valid for 180 days from the last inspection date.

If your permit has expired and the period has not exceeded one year, the applicant will need to renew the grading permit prior to the commencement of work and the fee is calculated to be one half the amount required for a new grading permit.  If your permit has expired and the period has exceeded one year, you must re-apply and pay a new full construction permit fee.

Site boundaries, corner locations of the new building footprint, additions to existing buildings, alterations and remodels, accessory structures, decks, swimming pools, pool houses, detached garages, barns, stables, private access driveways, retaining walls, water tanks, and similar projects.

 Property and Boundary Markers: - Each property shall have a minimum of four (4) corner markers (steel pins driven into the earth) unless otherwise indicating the boundary property lines of the township approved section plan by licensed surveyor.

 Location of Structure Markers: - A minimum of four (4) wooden stakes driven in ground to be installed indicating the corners of where the new building, addition to existing building or any other ancillary structure will be located. They must be identified by "building type" and "compass orientation" on stake with a dark marker. E.g. - "House, SW Corner".

 Private Driveway Markers: - A minimum of two (2) stakes driven into the ground to mark the driveway entrance and or exit. These stakes must have the word "Driveway" on stake with a dark marker.

 Tree Identification Markers: - Any and all tree removal outside excavation for construction must be identified by visible marker and approval given by Monterey County planning division.

Grading plans can be prepared by professional licensed architects, civil, geotechnical and structural engineers.  Licensed professionals are required to wet stamp and sign the first page of the grading plans and provide supporting calculations for their design work.  In some cases, designers (no requirement for state licensing) can prepare regular grading plans.

All grading plans and specifications shall be prepared and signed by a professional licensed engineer when the grading is over 5,000 cubic yards or a drainage structure over five square feet in flow area is required and shall be designated as "engineered grading." "Grading involving less than 5,000 cubic yards shall be designated "regular grading" unless the applicant chooses to have the grading performed as engineered grading, or the Chief Building Official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading (Grading Ordinance No. 2535, Chapter 16.08.090).

Grading is broken down into two types:

1) CUT - soil materials that are removed from an area of land, such as an excavation and

2) FILL - the soil materials that are added to an area of land, such as the placement of soil for an embankment or fill slope. 

Grading calculations are the result of CUT + FILL as measured in cubic yards. This means that when one cubic yard of earth is cut, then that same one cubic yard is used as fill elsewhere on the property or exported from the site.

Monterey County views this as two cubic yards of earth movement. This method is referred to as "double counting". This form of measurement takes into consideration the total disturbance of a site from its existing state.

When the construction permit for your grading is issued, you will receive an inspection permit card.  This permit card provides a list of called-in grading inspections established by the Chief Building Official to ensure that the grading inspector performs site inspections, coordination, stage approvals, and the grading construction is in compliance with the approved grading permit.

These inspections require the applicants to notify the Grading Inspection Division as various stages of grading construction are completed, and require the grading inspector to be present on-site at various stages to inspect and approve portions of the grading construction.

Pre-Grading Meeting
The initial inspection usually held on site prior to any brushing and preparatory to actual grading construction, is generally referred to as pre-grading meeting.

The meeting provides an open forum for the discussion of the contractor's approved methods of construction; discussion of any special problems such as stabilization of fills, brush, tree and rock removal and disposals methods, erosion control for rainy season protection and discussion concerning the conditions of the permits and the necessary paper work required during in progress and final inspections.

By participants developing strong communication and an understanding of the conditions, requirements, and specifications of the approved grading plan and permit during the meeting, anticipated problems are resolved through careful planning for safe grading construction.

In-Progress Grading Inspections
The in-progress grading include toe of fill key inspection, excavation inspections, compacted fill inspections, drainage devise inspections and driveway/private road inspections.

In-progress grading inspections should continue during construction to ensure compliance with the grading permit and the grading ordinance.  These inspections also help the operation maintain steady progress, and minimize holdups, stop work or expiration of the grading permit.

Much of the in-progress grading inspection is involved with making sure that the soil engineer's representative is on the site observing grading construction, ensuring compliance with the soils engineer report recommendations, and that the grading contractor is complying with the specifications and requirements of the approved plans and permit.

The grading inspector keeps communication open and coordinates work among the contractor, soil engineer representative, and engineering geologist, to assure that each stage of grading construction is properly inspected, tested, and approved by the geotechnical consultants.

Please let us know as soon as you decide to make a change in your grading construction. Depending on how much you want to change, you may need to submit a change detail or plan revision, or you may need a new grading permit.

By discussing this with us early on, we can tell you what is needed, and possibly avoid a delay or stop work on your project.

At this stage, all grading construction has been completed, but there has been no release of utilities or issuance of the certificate of occupancy.

For final approval of your grading permit, you must pass the final grading inspection.  This inspection takes place when all building site fine grading work has been completed, including; excavation and fills placement, drainage devices and disposal systems, erosion control and landscape of slopes.

All professional reports including in-grading field reports, soil compaction test reports, an as-graded plan, and a final graded letter that summarizes all grading construction for the site must be reviewed and approved by the engineer of record or the soils engineer. 

If there are any hold or correction notes on the permit or grading plans, the grading inspector will need proof that the applicant has taken care of the holds before the permit can be final sign-off.

Monterey County accepts the following as meeting the intent of Section 16.08.290:

• Surety Bonds
• Cash Deposits
• Certificates of Deposits

Credit card payments are not accepted for bond deposits.

The following calculations are used to determine grading bond amounts.  The Building Official may at times adopt another calculation table to assess fees depending upon construction estimates and specific site conditions.