Grading Permits

A Grading Permit is required before any grading is performed on private or public property whenever such grading will result in any of the following:

1. The volume of excavation or fill will exceed fifty (50) cubic yards provided either:

   1. the existing or the resulting rate of slope will exceed 20%, at any point within the site; or

   2. the vertical distance between the top and bottom of excavation or fill will exceed five feet at any location.

2. Any permanently unretained excavation or fill exceeding five cubic yards where the vertical distance between the top and bottom of the excavation or fill exceeds five feet at any location, disregarding benches; and the rate of slope of the surface exceeds 2 to 1 (2:1) for fill or 1.5 to 1 (1.5:1) for excavation, regardless of findings in the Soils Report.

3. An excavation or fill exceeding five cubic yards within fifteen (15) horizontal feet of any property line if the bottom of such excavation is below a line descending at a rate of slope of 2 to 1 from the existing ground surface at such property line, or if the top of such fill is above a line ascending at a rate of two to one from such property line, regardless of the findings in the Soils Report.

4. Grading in connection with a building, swimming pool, retaining wall or other structure where the vertical distance between top and bottom of the unretained slope will exceed five feet at any point, disregarding benches, when the cut slope exceeds 1.5 to 1 or the fill slope exceeds 2 to 1.

5. Any retained or unretained excavation or fill of any volume and height where the City has information of purported land stability problems on or in the vicinity of the site (i.e., "Land Stability Problem Area").

6. Any "Land Disturbance" where the rate of slope of the ground surface exceeds 20%. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a Grading Permit.

7. If a grading permit is not otherwise required, the necessity for a grading permit involving ground slopes 20% or less and greater than 10%, where a Grading Permit would be required if the ground slope were greater than 20%, will be determined, for cause, by the City Engineer, Building Official, or their duly authorized representative.

8. The volume of excavation and fill combined will exceed five hundred (500) cubic yards on a parcel or contiguous parcels.

9. Grading, clearing or grubbing, or land disturbance activity that otherwise does not require a grading permit involves an area of one acre or more.

Provided that the volume of excavation and fill combined will not exceed five hundred (500) cubic yards on a parcel or contiguous parcels, no permit is required for any of the following:

1. Temporary excavations in a public street or public right-of-way for which a permit has been issued under Title 12 of the Oakland Municipal Code.

2. Any public agency which has a reciprocity agreement with the City of Oakland pursuant to work under this Chapter.

3. An excavation below finished grade for a basement, footing, retaining wall, swimming pool or other structure authorized by a valid building or foundation permit, which excavation will be completely occupied by and retained by the structure, provided such excavation is conducted in accordance with the laws of the State of California relating to lateral support when the existing and finished ground slope will not exceed 10%.

4. Grading within a street to conform to elevations established by the City Engineer and for which a permit has been issued under the provision of Title 12 of the Oakland Municipal Code.

5. Grading within a street to conform to elevations established by the City Engineer and for which a permit has been issued under the provision of Title 12 of the Oakland Municipal Code.

6. For test trenches, pits and borings done under the supervision of a Civil Engineer or Registered Geologist or Certified Engineering Geologist in accordance with the applicable regulations of the City of Oakland and the State of California.

7. Individual cemetery burial plot.

8. Water wells.

9. For work to be done under the Surface Mining and Quarrying Ordinance of the Oakland Municipal Code.

10. Gardening and agriculture.

1. Contractors who are licensed by the State of California with a classification appropriate for the work that will be performed and have a current Business Tax Certificate.

2. Owners of a building or their legal representative.