Correspondence DIRECTOR'S INTERPRETATION August 2, 1994
Interpretation: Grading work (including fill) on lands outside
sensitive land areas, 100 year flood plains,
drainage ways and wetlands.
According to the Community Development Code Section 18.12, the
Director has the initial authority and responsibility to interpret
the terms and provisions of Chapter 18 of the City Development
Code.
Grading work on lands outside sensitive land areas, the 100 year
flood plain, drainage ways or wetlands require a grading permit
according to Chapter 70 of the Uniform Building Code with
exceptions for minor fills and excavations (example excavation or
fill less than 50 cubic yards). Erosion control and grading plans
must be submitted along with grading permit applications for review
and approval of the Tigard Building Division and /or Engineering
Department.
The City of Tigard has historically granted approval of grading
permits without Site Development Review approval. Site Development
Review provisions (CDC 18.120.180) provide no approval standards
applicable to grading and apparently was not intended for grading
permits given that grading and erosion control are reviewed against
applicable engineering, building code and erosion control standards
not found or addressed in the development code.
Any such grading is not considered a material change to the land
and therefore not subject to Site Development Review if all the
following conditions are met:
1. there is no change of zone;
2. there is no change in the use of the property;
3. the grading approximatesand followsthe existing contours of
the land as determined by the Building Official;
4. the fill does not impede views;
5. there is no change to existing drainage ways;
6. no building, structures or retaining walls are involved;
7. fill slopes will not exceed 2 to 1.