Camarillo, CA asked in Agricultural Law and Gov & Administrative Law for California

Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose.

A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building or structure on our property. The only utility serving the property is water.

1 Lawyer Answer
James L. Arrasmith
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  • Agricultural Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation, excavation, and grading as part of construction work.

Agriculture grading, such as grading for planting crops or orchards, is generally regulated by local zoning and land use ordinances, as well as by state environmental laws. These laws may have their own grading standards and requirements specific to agricultural land use.

Therefore, it is unlikely that the California Building Code would apply to regulating grading for an agricultural project such as planting 300 avocado and citrus trees. However, it is recommended to consult with local zoning and land use officials to determine the specific regulations and requirements that apply to your project.

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