14.50.620.02 Regulations.
A. All clearing, grading and filling shall be located, designed and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration.
B. Clearing, grading and filling shall be minimized to the extent feasible and only allowed when necessary to accommodate an approved shoreline use or development.
C. Speculative clearing, grading and filling are prohibited.
D. When clearing, grading and filling cause adverse impacts to ecological functions, a mitigation plan prepared by a qualified professional must be prepared consistent with the provisions of Section 14.50.430.
E. Clearing, grading and filling within wetlands, floodways or CMZs, and fill waterward of the OHWM, are only allowed when:
1. Due consideration has been given to the site-specific conditions;
2. All impacts have been mitigated;
3. All required state and federal permits have been obtained; and
4. The shoreline use or development is one (1) of the following:
a. A water-dependent use or public access to the shoreline;
b. The cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
c. The disposal of dredged material considered suitable under and conducted in accordance with, the WDNR’s Dredged Material Management Program and the USACE Dredged Material Management Office. See also Section 14.50.630;
d. The expansion or alteration of transportation facilities of statewide significance that are currently located in the shoreline, where alternatives to fill are infeasible;
e. Ecological enhancement, restoration or mitigation, when consistent with an approved plan; or
f. The protection of historic or cultural resources when fill is the most feasible method to avoid continued degradation, disturbance or erosion of a site. Such fill must be coordinated with any affected tribes and comply with applicable provisions of Section 14.50.410.
F. All fill waterward of the OHWM that is not associated with an ecological restoration project shall require a shoreline conditional use permit.
G. Upland clearing, grading and filling outside of wetlands, floodways and CMZs are permitted provided they:
1. Are the minimum necessary to implement the approved use or modification;
2. Do not significantly change the topography of the landscape in a manner that affects hydrology or increases the risk of slope failure, consistent with the applicable provisions of Section 14.50.430; and
3. Are conducted outside required shoreline buffers, unless specifically authorized by the SMP, or are necessary to provide protection to historic or cultural resources.
H. Grading and filling shall be designed to blend physically and visually with the existing topography whenever feasible, so as not to interfere with lawful access and enjoyment of scenery.
I. Clearing, grading and filling shall not be located where shoreline stabilization will be necessary to protect the materials placed or removed, except when part of an approved plan for protection of historic or cultural resources.
J. Cut and fill slopes shall generally be sloped no steeper than one (1) foot vertical for every two (2) feet horizontal (1:2) unless a specific engineering analysis has been provided that demonstrates the stability of a steeper slope.
K. A temporary erosion and sediment control plan, including BMPs, consistent with the city’s stormwater manual, shall be submitted to and approved by the city engineer and the shoreline administrator prior to commencement of all clearing, grading and filling activities.
L. To prevent a loss of flood storage, compensatory storage shall be provided commensurate with the amount of fill placed in the floodway per Section 14.50.440.
M. Fill on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations.