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14-3707 February 5,2015 Page 2 - Some cities do not require a lot line setback for retaining walls, others do . - The existing sections of Orono Code that establish a 5-foot setback for retaining walls are 78- 966 and 78-967; these sections are under Article V. Conditional Uses, Div. 3 - Requirements for Specific Uses, Subd. II - Land Alteration. It's a very convoluted and difficult-to-interpret section of code that evolved over time. 78-966 states: Sec. 78-966.Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use pernut issued by the council: (1)Remove, fill,use for fill,dredge, store or excavate rock, sand,gravel, dirt or similar earth material within the limits of the city. (2)Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3)Build, alter or repair any seawall or retaining wall,or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, �10.03(19); Ord. No. 163 2nd series, �1, 12-8-1997) Items (a)(1) and(a)(2) are activities that are typical of any retaining wall installation, which functionally means that all retaining walls need a CUP. But, 78-967 provides for some exceptions to the CUP requirement, as follows: Sec.78-967.-Exception. (a)The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit,provided that a plan showing proper drainage and protection of adjoining property has been submitted.Where such earth movement is not being performed in conjunction with a building permit,a separate land alteration permit shall be required. Any unusual land alterations, including earth filling,removal or grading,proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site.