Grading and erosion control in Hercules: the local rules

Each rule below links to the section of the Hercules Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Hercules's code says

Hercules code What Hercules's code adds
Erosion control plan	Civil engineer's erosion plan is required unless all conditions are met, including under 1/2 acre disturbed and slopes under 10%. Applies: Grading under 200 cubic yards, soil storage under 150, not within 100 feet of water, no downstream threat, no blocked drainage, no significant CEQA impact. § 7-2.305 · code text A Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met: (1) The area of land disturbed is less than one-half (1/2) acre. (2) Natural and finished slopes are less than ten percent (10%).
Grading without a permit	No grading permit is needed for: an excavation that is less than five feet deep and supported by a retaining structure, or does not create a cut slope that is both more than seven feet high and steeper than two horizontal to one vertical, or does not exceed two hundred cubic yards; a fill that does not support structures and does not obstruct a drainage course or alter drainage patterns, if it is on natural grade not steeper than five horizontal to one vertical, or less than three feet deep at its deepest point, or does not exceed two hundred cubic yards; an excavation for basements and footings under a valid building permit § 7-2.302 · code text does not create a cut slope greater than seven (7) feet in height and steeper than two (2) horizontal to one (1) vertical Exempt if one applies: supported excavation under 5 feet deep; fill under 3 feet deep; 200 cubic yards or less. Also: no cut slope both over 7 feet and steeper than 2:1; natural-grade fill up to 5:1. Fill: not for structures, no drainage change. § 7-2.302 · code text An excavation which (1) is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform Building Code, or (2) does not create a cut slope greater than seven (7) feet in height and steeper than two (2) horizontal to one (1) vertical, or (3) does not exceed two hundred (200) cubic yards.
Rainy-season limits	October 15 to April 15: grading that is not exempt needs an erosion and sediment control plan with the permit. Applies: Grading permits; continuing work needs special permission every 5 working days. § 7-2.305 · code text October 15th to April 15th. During this period, all grading plans submitted for permits which cannot be exempted under subsection (a) of this Section shall submit an Erosion and Sediment Control Plan as part of their grading plan.

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Frequently asked questions

What are the grading rules in Hercules?

Hercules's code: No grading permit is needed for: an excavation that is less than five feet deep and supported by a retaining structure, or does not create a cut slope that is both more than seven feet high and steeper than two horizontal to one vertical, or does not exceed two hundred cubic yards; a fill that does not support structures and does not obstruct a drainage course or alter drainage patterns, if it is on natural grade not steeper than five horizontal to one vertical, or less than three feet deep at its deepest point, or does not exceed two hundred cubic yards; an excavation for basements and footings under a valid building permit (§ 7-2.302); Civil engineer's erosion plan is required unless all conditions are met, including under 1/2 acre disturbed and slopes under 10%. (Grading under 200 cubic yards, soil storage under 150, not within 100 feet of water, no downstream threat, no blocked drainage, no significant CEQA impact.) (§ 7-2.305).

Grading and erosion control in Hercules

What Hercules's code says

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