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What is Clearing?
Clearing refers to the removal of
natural vegetation by any means, including brushing and grubbing.
Is it okay to clear for fire protection?
Clearing for fire protection purposes
can be done within 100-feet of an existing dwelling unit without a
County permit. Any additional clearing for fire prevention,
control or suppression purposes can be done when authorized or
required in writing by a fire prevention or suppression agency.
Can I clear the dead shrubs around my yard?
Routine landscaping, maintenance, and
the removal of dead or diseased trees or shrubs is allowed without
a County permit.
I've been issued my building permit to construct a single-family
residence and no grading permit is required. Do I need another
permit to clear?
Clearing, and minor grading which
does not require a grading permit, either of which are incidental
to the repair, alteration or construction of a single-family
dwelling and accessory buildings and structures pursuant to an
approved building permit do not require an additional County
Clearing Permit.
I would like to build a single-family residence and need to clear
in order to determine where the home is to be placed. Do I need a
permit to clear?
Please contact the Zoning Counter to
determine if your parcel is located within the MSCP boundaries at
(858) 565-5981 or Toll Free (800) 411-0017
If your parcel is located outside of
MSCP*:
Unless you are diligently pursuing construction under a valid
building permit for a single family residence, or you are
completing limited clearing necessary for the purpose of
surveying, geotechnical exploration, or access for percolation
tests and wells, you may not clear within a County Clearing
Permit. The Clearing must be limited to the area shown as
developed on the approved building and/or grading plats, or the
minimum area necessary for access for engineering investigation.
If your parcel is located within
MSCP and within the Metro-Lakeside-Jamul Segment:
Parcels
ten acres and
under in size zoned for single family residential uses a4 allowed
to clear without a County Clearing Permit in the following
circumstances.
To qualify, a finding must be made
that the clearing will not interfere with the assembly of the MSCP
Preserve according to the terms of the MSCP Plan and the Sub area
Plan.
Projects which qualify must provide the following
information to the Department of Planning and Land Use:
-
The
location of the parcel to be cleared.
-
The
zoning parcel to be cleared.
-
The
size of the parcel to be cleared.
-
The
number and location of the number of acres to be cleared.
The total number of
acres cleared per parcel may not exceed the amounts set below.
-
Parcels located within a
Pre-Approved Mitigation Area that are ten acres and under in
size and zoned for single family residential uses may clear a
total of
No acres
without a County Clearing Permit.
Clearing required pursuant to applicable fire safety
regulations will not be counted in computing the number of
acres cleared.
-
Parcels located
outside
the Pre-Approved Mitigation Area
that are ten acres and under in size and zoned for single family
residential uses may clear a total of
five acres
without a County Clearing Permit.
Clearing required pursuant to applicable fire safety regulations
will not be counted in computing the number of acres cleared.
I own a parcel with an existing home and would like to do some
general clearing. Do I need a permit to clear?
If your parcel is located outside of
MSCP:
Clearing of up to a maximum of five
acres, on a parcel zoned for a single family residential use and
improved with a single-family residence does not require a County
Clearing Permit provided that the parcel is located outside of the
MSCP. The amount of land to be cleared, cannot exceed a total of
five acres, regardless of the number of occasions on which
clearing is performed.
If your parcel is located within
MSCP:
Again, parcels ten acres and under in
size zoned for single family residential uses are allowed to clear
without a County Clearing Permit .
Please see the requirements and the limitations listed from the
previous question to determine if your parcel qualifies for an
exemption to a County Clearing Permit.
My property has been in active agriculture, can I clear the land
for new crops?
If your parcel is located outside of
MSCP:
Tilling or
cultivating land exclusively for purposes of growing agricultural
plants or animals, provided that the tilling or cultivating will
not block or divert any natural drainage way and the land to be
tilled or cultivated has been in agricultural production for at
least one of the preceding five years does not require a County
Clearing Permit.
However, this does not allow the establishment of new agricultural
operations on, or the expansion of existing agricultural
operations into, any area which has not been in agricultural
production for at least one of the preceding five years.
If your parcel is
located within MSCP:
Agriculturally
related clearing within the MSCP boundary does not require a
County Clearing Permit, provided that such clearing meets certain
requirements.
An applicant for an agricultural clearing project meeting these
requirements shall provide evidence in writing of the facts that
support a - c below. In addition, the number of acres and location
of the land for which the exemption is sought shall be provided.
As part of the application the applicant shall sign an agreement
to maintain the land in agriculture for the applicable holding
period set forth below.
The agricultural clearing project
must meet
all
the following requirements:
-
The land is not
located within a Pre-approved Mitigation Area.
-
The applicant has
farmed the land during three of the last five years and intends
to retain the land in agriculture for the next five years or the
applicant intends to establish an agricultural operation on the
particular parcel of land within one year and to retain the land
in agriculture for at least ten years
-
The
land is not located within a floodplain.
Why are there
limitations
on brushing
and clearing
my own land:
San Diego County is known nationwide for the tremendous diversity
of its plants and animals, and for the number of species that
would be considered rare or endangered.
Limitations have been placed to eliminate clearing that destroys
sensitive habitat and other biological resources. Limitations have
also been placed to prevent interference with archaeological
resources and areas of high aesthetic concerns prior to the
issuance of land development permits. Storm water runoff and
pollutants entering storm water conveyance systems are also
concerns with excess clearing. Essentially, limitations have been
placed on property owners to help preserve the valuable resources
of San Diego
County.
A program to preserve valuable biological resources in the County
is the Multiple Species Conservation Program (MSCP). It is a
comprehensive habitat conservation planning program which
address, multiple species habitat needs and the preservation of
native vegetation for an approximate 252,132 acres of
unincorporated and in southwestern San Diego County, California,
adopted by the Board of Supervisors on October 22, 1997.
Please note that clearing
of
vegetation in preparation for and
development cannot occur until relevant land development permits
have been issued
Although
County permits may not be required for certain situations, this
does not preclude the applicability
of
other Federal/State/Local laws (e.g.
clearing into wetlands and clearing on lands with known sensitive
species).
My property has never been used for agricultural purposes, but I
would like to clear the land for growing agricultural plants. Do 1
need to come in for a permit?
YES. If the property has not been in
agricultural production for at least one of the preceding five
years, a County Clearing Permit is required.
A County Clearing Permit requires a $50 fee. The application forms
required for this permit can be found on our webpage or may be
picked up at the Zoning Counter as "Administrative Permits for
Grading and Clearing."
Once submitted, the County will review the project within 3 days
to determine if there are any potentially significant impacts to
the environment. If potential impacts are identified, the County
will request that additional information and an initial deposit of
$2000 be submitted to continue the review process. Depending on
the scope of impacts and the adequacy of requested
information/studies, a full environmental review, from submittal
to hearing date, may be completed within 5 to 18 months. The cost
may run between $2000 to several thousand dollars and may involve
mitigation conditions. Please keep in mind that this cost estimate
is for County review/processing only and does not include the cost
of hiring private consultants.
For more
information about Brushing and Clearing in the unincorporated
communities of San Diego County, visit our main office:
5201 Ruffin Road, Suite B
San Diego, CA, 92123
Monday - Friday
8:00 a.m. - 4:00 p.m.
For general
information, please call the Zoning Counter at:
(858) 565-5981
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