Tracy's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Tracy, California, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Flood Elevation Requirements

Section 9.52.150 of the Tracy Municipal Code requires new construction and substantial improvements in the City's special flood hazard areas to have their lowest floor, including any basement, elevated at least one foot above the base flood elevation, certified by a registered engineer or verified by the City's building inspector before the certification goes to the Floodplain Administrator.

Key details: Required freeboard: 1 foot above base flood elevation. Applies to: Lowest floor, including any basement. Certification by: Registered engineer or city building inspector. Enclosed-area flood vents: 1 sq in per sq ft, min. 2 openings. Nonresidential alternative: Engineer-certified floodproofing to base flood level.

A structure built or substantially improved without the required elevation certificate, engineer's floodproofing certification, or other evidence of compliance with Section 9.52.150 is presumed to be in violation of the chapter until that documentation is provided, per the "Violation" definition in Section 9.52.050. Noncompliance is enforced as an infraction under Section 9.52.070, and the Floodplain Administrator's duties under Section 9.52.140 include taking action to remedy any such violation and obtaining or reasonably utilizing base flood elevation data from federal, state, or other sources when it has not otherwise been provided.

Flood Zones

Tracy Municipal Code Chapter 9.52 requires a development permit before any construction or development begins in a FEMA-mapped special flood hazard area, and makes an unpermitted violation an infraction. State law separately bars the City from approving certain permits, development agreements, or maps for flood-zone projects unless specific flood-protection findings are made.

Key details: Permit trigger: Any construction/development in flood hazard area. Governing map/study: City of Tracy FIS/FIRM, dated 1-24-1991. Violation classification: Infraction (§ 9.52.070). Floodplain Administrator: City Development Services Director. State-law backstop: Gov't Code § 65962 findings required.

Violating the chapter's requirements, including any violation of conditions or safeguards attached to a development permit, constitutes an infraction under Section 9.52.070, and the City retains the right to take any other lawful action necessary to prevent or remedy the violation. Independent of that penalty, a project located in a flood hazard zone can be denied a development agreement, discretionary entitlement, ministerial residential permit, or tentative/parcel map outright under Government Code Section 65962 if the City cannot make the required flood-protection findings.

This is not one of those rules that cities tend to ignore. Tracy actively enforces its flood zones requirements.

Stormwater Management

Tracy's Stormwater Management and Discharge Control Ordinance, codified at Municipal Code chapter 11.34, bars any discharge into the City's storm drain system other than stormwater itself, aiming to protect public health and water quality under the federal Clean Water Act, the state Porter-Cologne Act, and the City's NPDES Permit No. CAS000004, with violations enforceable as civil, criminal or administrative citations.

Key details: Core ban: Any nonstormwater discharge, sec. 11.34.050. Governing permit: NPDES Permit No. CAS000004. Public nuisance: Any chapter violation, sec. 11.34.290. Enforcement tracks: Civil, criminal misdemeanor, administrative citation. Appeal route: Judicial review under sec. 1.20.010(a).

A nonstormwater discharge or illegal dumping into Tracy's storm drains can draw a civil abatement order with costs billed to the violator, a misdemeanor criminal charge under section 1.04.030, or an administrative citation under section 1.28.040, and the City can pursue more than one remedy at once because section 11.34.310 makes them cumulative. A person disputing a City decision under the chapter can seek judicial review under section 1.20.010(a), per section 11.34.350.

Compared to other cities, Tracy takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

Erosion Control

Tracy requires erosion and sediment controls on any disturbed, unvegetated construction site during the rainy season, October 15 through April 15, and wind erosion controls the rest of the year, April 15 through October 15, under Municipal Code section 11.34.130, with a narrow exemption for contained residential backyards.

Key details: Rainy-season window: Oct. 15 to Apr. 15. Wind-erosion window: Apr. 15 to Oct. 15. Exemption: Contained single-family backyards. Legal basis: Additional to state permits, not a substitute.

Because stabilization requirements sit inside chapter 11.34, a site without properly placed seasonal erosion controls is enforceable the same way as any other chapter violation: a civil order to abate under chapter 1.32 with costs charged to the responsible party, an administrative citation under section 1.28.040, or, for a knowing violation, a misdemeanor charge under section 1.04.030, per the enforcement authority in section 11.34.300.

The Bottom Line

Tracy is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Tracy, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Tracy's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.