The temptation to "just move some dirt"
When a project gets delayed, it can be tempting to move dirt to keep things moving. We've seen homeowners and contractors try to save time or money by grading a site before permits are issued. Unfortunately, this shortcut almost always backfires.
At Moment Engineering, we've helped many clients resolve issues caused by illegal grading. Here's what you need to know before you — or your contractor — touch the soil.
What is illegal grading?
In California, any significant movement of soil requires a grading permit and an approved plan. This applies to:
- Cutting into a hillside
- Filling or leveling a pad for construction
- Excavating for driveways, pools, or foundations
If you start grading without approval, you're engaging in illegal grading — even if you intend to "fix it later."
The consequences of illegal grading
Stop-work orders and fines. City inspectors take unpermitted grading seriously. If discovered, work stops immediately, often with penalties and fines.
Costly delays. Once a stop-work order is in place, you'll need to prepare engineered plans after-the-fact, undergo inspections, and in some cases remove or redo grading work entirely.
Damage to neighbors. Improper grading can redirect stormwater or destabilize a slope, leading to flooding, erosion, or landslides on adjacent properties.
Legal and financial liability. Beyond city fines, neighbors can pursue legal action if your grading causes damage. Unpermitted work can also reduce your property's value and complicate future sales.
Working on a project in Southern California? We can handle the engineering.
Why proper grading plans are essential
A legal grading plan isn't just paperwork — it's protection. With an engineered plan in place:
- Drainage is accounted for — water flows away from structures, not into them.
- Soil stability is confirmed — reducing risk of settlement, cracking, or slope failure.
- City compliance is ensured — saving time at inspection and avoiding legal issues.
- Construction moves smoothly — contractors have a clear roadmap.
A real-world lesson
One client approached us after their contractor performed grading without the required permits. The city issued a stop-work order, halting construction for three months. Because the issue went unresolved for an extended period, the city was preparing to file criminal charges against the client.
To resolve the situation, we prepared an engineered grading plan, performed soil testing, and coordinated multiple inspections with city officials. While we were able to bring the project back into compliance, the client not only lost valuable time but also incurred significantly higher costs than if the grading had been properly permitted from the start.
FAQs
Can I do small grading in my backyard without a permit? Most cities require permits for any cut or fill beyond a certain depth (often as little as 2 feet) or volume. Always check before moving soil.
What if my contractor says "we'll fix it later"? That's a red flag. If the work is stopped, you as the property owner are ultimately responsible.
Don't risk it
Illegal grading might seem like a shortcut, but it leads to delays, fines, and bigger costs down the road. A proper grading plan is the right way to start — protecting your investment, your property, and your peace of mind.
Related Service
Grading Plans
We handle this for projects across Southern California.
More from the blog
Grading Plan Requirements: LADBS vs. San Diego County
Two major jurisdictions, two very different processes. Here's what to expect from each — submittal requirements, plan check timelines, and common pitfalls.
Hillside Development in Southern California: All the Engineering Reports You'll Need
Building on a slope triggers more engineering than flat-lot projects. Here's the full list — what each report does and why you can't skip any of them.
Ready to move forward?
We handle grading plans for projects across Southern California.
Tell us about your project and we'll send a proposal with scope, deliverables, and fee.