Snowflake Town Council discusses adopting Appendix J grading permits to manage drainage and erosion

The Snowflake Town Council discussed whether to adopt Appendix J of the 2018 International Building Code, a provision that would allow the town to require permits for grading work to protect foundations and adjacent properties.

Town attorney Robert Wingo told the council that Appendix J is “basic” and standard across Arizona municipalities and that the permit requirements are minimal. Wingo said the provision would give the town authority to address drainage and erosion problems before they occur. “A lawsuit would be appropriate,” Wingo said when asked what legal recourse neighbors would have for damage from changed runoff.

Councilmembers pressed staff for clearer thresholds and limits. Mark Sheen said the council should define a project-size threshold by acreage or volume of dirt and consider language citing changes to inlet or outlet flows. Travis Kay voiced concern about imposing a major burden on homeowners who are only doing yard work; Wingo said he has not seen Appendix J applied to small landscaping projects and that the provision is generally for substantial new construction.

Several councilmembers and staff discussed the interaction of state law and local permitting; Wingo warned that changes in state law have created some confusion about when “at-risk” grading permits are required and that the town could adopt the ordinance with amendments later. Brian Richards said that, until a fee schedule is established, the permit would be issued at no cost.

The council did not vote on an ordinance at the work session and directed staff and the attorney to draft language that includes clearer size thresholds and exception language for minor homeowner work. The item will return to council for further consideration.