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A. The following are exempt from the requirements of this chapter:

1. Removal of dead or diseased trees, shrubs, or ground cover.

2. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise exempted.

3. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities.

4. The removal of up to six trees per lot within any 12-month period, or for lots greater than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a whole acre.

5. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities.

6. Clearing and grading of areas temporarily used for activities associated with the construction of water, sanitary sewer, streets, highways, storm drainage and related facilities. Such areas shall be restored to the original condition or as approved by the city engineer upon construction completion. This exemption does not apply to critical areas, critical area buffers, vegetated areas that would be difficult to restore to the original condition, or areas that disturb over one acre. Temporary use is limited to no more than 180 days unless otherwise authorized through a city-issued temporary use permit or an extension granted by the city engineer.

7. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property.

8. Routine landscape maintenance and minor repair.

9. Removal of trees and vegetation consistent with an approved surface mining permit.

10. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure.

11. Upon approval of the city engineer or designee, clearing and grading not to exceed 500 cubic yards consisting of excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth.

12. Upon approval of the city engineer or designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion.

13. Upon approval of the city engineer or designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile were disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24-month period.

14. New plus replaced hard surfaces which have a surface area less than 2,000 square feet.

15. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties or public facilities.

B. An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements.

C. The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. (Ord. 6902 § 23, 2023; Ord. 6763 § 8, 2021; Ord. 6617 § 20, 2016; Ord. 6601 § 33, 2016; Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)

1Note: This section identifies exceptions internal to this chapter. The listed exceptions set forth herein do not preclude the application of requirements of other chapters of the city code thereto.