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Butte County, CA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit threshold
Over 50 cubic yards
Max cut slope
1:1 (steeper needs engineering)
Max fill slope
1.5:1
Setback, 0-10 ft slope
5 feet from top/toe
Setback, over 30 ft
15 feet minimum
Permit expiration
2 years, 1-year extension
Engineering trigger
>10,000 cy or >15 ft cuts

Summary

Grading more than fifty cubic yards anywhere in unincorporated Butte County requires a grading permit and an Erosion and Sediment Control Plan under Code Chapter 13. The plan must detail Best Management Practices for the site, and the county caps cut and fill slopes and sets minimum setbacks tied to slope height.

City-specific rules exist: Chico has its own erosion control rules that differ from Butte County's county-level regulations. If you live in Chico, check the city-specific page instead.

"Grading" means any earth movement, including excavation and filling, or any combination thereof. ... Except as otherwise provided herein, it shall be unlawful for any person to commence or perform any grading of more than fifty (50) cubic yards without first having complied with the conditions and requirements of this article. ... The erosion and sediment control plan shall conform to the standards of this article and shall contain measures to be incorporated into the proposed work.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).

Full Breakdown

Grading is 'any earth movement, including excavation and filling, or any combination thereof,' and the article exists because uncontrolled grading threatens the county's creeks, vernal pools and water supplies through erosion and siltation (Secs. 13-1, 13-2). A grading permit is required for any grading job over fifty cubic yards (Sec. 13-3), though the code exempts grading already covered by a building permit under Appendix J of the California Building Code, agricultural maintenance grading, firebreak and road maintenance, and emergency work after a landslide or flood, among other listed categories, provided a driveway longer than one hundred fifty feet still triggers a director's exemption determination first (Sec.

13-5). Grading that exceeds fifty cubic yards but stays under specific thresholds, an excavation no deeper than ten feet or one thousand cubic yards, a fill on a twenty-percent-or-flatter slope no higher than ten feet or one thousand cubic yards, or an exploratory dig under one thousand cubic yards, can get a determination of exemption from the Director instead of a full permit, but the site still must comply with the Storm Water Pollution Prevention Plan or Chapter 50 Best Management Practices requirements (Sec. 1).

Every permit application needs an Erosion and Sediment Control Plan (ESCP) describing the site-specific temporary and permanent BMPs for protecting vegetation, controlling sediment, stabilizing cut and fill slopes, and managing dust and stockpiles, plus proof of any Clean Water Act or Streambed Alteration permits already obtained (Sec. 13-10). The standards then cap cut slopes at one-to-one and fill slopes at one-and-one-half-to-one unless engineering justifies steeper grades, and require minimum setbacks from the top of a cut or toe of a fill of five feet for slopes up to ten feet high, half the slope height for slopes between ten and thirty feet, and fifteen feet for anything taller (Sec.

13-11(d)). Applications involving more than ten thousand cubic yards of combined cut and fill, or cuts and fills over fifteen feet, or existing slopes over twenty percent, must include engineering plans and a soils report signed by a licensed civil engineer (Sec. 13-6(b)(10)).

Violations & Fines

Any grading that violates the terms of a permit, exemption determination, or this article is declared a public nuisance the county can abate by law (Sec. 13-16(b)). The Director must first give written notice to comply within ten days, or, if public health or safety is at risk, an immediate notice suspending the permit or exemption; if the violation continues, the Director asks the Planning Commission to consider revocation, and remedies are cumulative with any other civil or criminal action (Sec. 13-16(a), (c)).

Frequently Asked Questions

How much grading can I do in unincorporated Butte County without a permit?
Up to fifty cubic yards. Section 13-3 makes it unlawful to grade more than fifty cubic yards without complying with Chapter 13's permit process, though several activities such as building-permit-authorized excavation and routine agricultural maintenance are separately exempted under Section 13-5.
What has to be in an Erosion and Sediment Control Plan?
Section 13-10 requires a description of the project and soil-disturbing activity, the specific temporary and permanent Best Management Practices chosen for vegetation protection, sediment control, slope stabilization and dust control, a list of other permits already obtained, and basic project and contact information.
How steep can a graded slope be?
Section 13-11(f) caps cuts at one-to-one and fills at one-and-one-half-to-one unless a geologist or soils engineer justifies a steeper slope with an engineering analysis, and slopes cannot be built so as to endanger or disturb adjoining property.
What setback does a grading project need from the property line?
Section 13-11(d)(3) ties the setback to slope height: five feet for a cut or fill up to ten feet tall, half the slope height for ten to thirty feet, and fifteen feet for anything taller, and the Director can require more if needed for stability or drainage.

Sources & Official References

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