Grading/Clear-Cutting within the UNINCORPORATED AREAS OF SAN BERNARDINO COUNTY

When the land is scraped more than just what we see is changed forever. The air we breathe and natural drainage is altered, native animal habitat is destroyed, and ultimately the local climate begins to change. The ecological balance is no longer maintained.

If you're frustrated by the irresponsible grading and clear-cutting of land in the Morongo Basin, join with others in MBCA who are working together to "change the landscape" of acceptable practices by working with the agencies within the Basin to revise and better enforce regulations.  Contact Committee Chair Harry Bowkley.

We can take action by reporting to the appropriate jurisdiction land that we believe is being graded irresponsibly and without a permit. A citizen’s report to the responsible building department ideally requires that the department determine if a permit has been issued, and, if not, that they visit the site to determine if one is necessary.

However, response from responsible agencies has not always been ideal, and action may come too late.  If you suspect a violation is occurring, your best course is to both make a report AND begin documentation yourself, immediately, according to these guidelines.

COUNTY REGULATIONS:

The State of California Code, in Appendix Chapter 33—EXCAVATION AND GRADING—requires a grading permit when more than 50 cubic yards of earth is moved. The County of San Bernardino has adopted this basic threshold for issuing grading permits. 

Clearing on parcels of one-acre or greater in size is subject to additional controls for fugitive dust purposes, under Title 8, Chapter 10, Division 5, Section 810.0505 (viewable on the County Codes Web page):

Desert Dust Control

In desert areas on parcels of one (1) acre or greater in size, land being utilized for residential purposes may only be cleared or natural vegetation removed in order to provide for the installation of building pads, driveways, landscaping, agriculture or for some other structure or reasonable use normally appurtenant to residential uses. The County Office of Building and Safety may issue permits for further grading or clearance of vegetation subject to Land Use Compliance Review. The purpose of this regulation is to reduce disturbances to fragile desert soils as much as practical in order to reduce the amount of fugitive dust that can (for long periods of time) adversely affect residents on the subject parcel and those residents and land uses downwind of the subject parcel.

The County also regulates the removal of native plants under Title 8, Division 9, Chapter 1, General Provisions (viewable on the County Codes Web page).

The County, in line with California State requirements, further regulates desert native plants specifically under the  Desert Native Plant Protection section of the Development Code (Title 8, Division 9, Chapter 4, viewable on the County Codes Web page), which, among other things, provides:

The following desert native plants, or any part thereof except the fruit, shall not be harvested or removed except under a permit issued by the Agricultural Commissioner or other applicable County Reviewing Authority.

1. The following desert native plants with stems two (2) inches or greater in diameter or six (6) feet or greater in height.
   (A) Dalea spinosa (smoketree).
   (B) All species of the genus Prosopis (mesquites).
   
   
2. All species of the family Agavaceae (century plants, nolinas, yuccas).
   
   
3. Creosote Rings, ten (10) feet or greater in diameter.
   
   
4. All Joshua trees.

The Riparian Plant Conservation section of the Code (Title 8, Division 9, Chapter 5, viewable on the County Codes Web page) regulates removal of vegetation within 200 feet of a riparian area. 

To report a violation you’ll need the street address and/or the Assessor’s Parcel Number. Advise the appropriate permitting department of your concerns. Your report will be anonymous.

To make a report, contact the Building and Safety Division:

57407 Twentynine Palms

Outer Highway South

Yucca Valley, CA 92284

Hours:  Monday-Friday  8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m.

Phone: (760) 228-5430

Fax: (760) 228-5449

County of San Bernardino Building and Safety Division Website

STATE PROTECTIONS: 

The harvest of some California native desert plants on both publicly and privately owned land is regulated by California Food and Agricultural Code, Division 23.

For General Provisions, click here.  For enforcement provisions, click here.

The list of regulated plants includes such local species as smoke trees, yucca, cats claw, and more.   For full list click here.