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Fill regulations in this section apply to fills in aquatic and upland environments. “Fill” is the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Excavation shall refer to the excavation or displacement of land landward of the OHWM.

A. Policies.

1. Fill and excavation should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged.

2. Fills and excavation should be located and developed so that water quality, hydrologic and runoff patterns are not altered.

3. Fill should not be allowed where shoreline stabilization works would be required to maintain the materials placed.

4. Excavation and grading may be permitted landward of the OHWM for uses and development allowed by this SMP.

5. Fill in waterbodies, floodways, channel migration zones, and/or wetlands should not be permitted for creation of new uplands, unless it is part of an approved ecological restoration activity.

6. Fill should not be placed over existing forest duff or native plant herb layer if not in the direct footprint of the approved project.

7. Fill should be permitted in the following circumstances only: water-dependent uses, public access, cleanup and disposal of contaminated sediments, expansion of existing transportation facilities of statewide significance, mitigation actions, environmental restoration, or a beach nourishment and enhancement project.

B. Regulations.

1. All fills shall be located, designed and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration. Fill shall be minimized to the maximum extent practicable and necessary to accommodate approved shoreline uses and development activities that are consistent with this SMP.

2. Fill within floodways, channel migration zones, or waterward of the OHWM shall only be permitted for ecological restoration.

3. Excavation that occurs either waterward of the OHWM or within wetlands shall be considered dredging for purposes of this SMP (see SPMC 15.14.380).

4. Fills or excavation shall not be located where shoreline stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately protected from erosion using weed-free straw, mulches, hydroseed, or similar methods and revegetated, as applicable.

5. Fills and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use including lawful access and enjoyment of scenery.

6. Cut and fill slopes shall generally be sloped no steeper than one foot vertical for every three feet horizontal (1:3) unless a specific engineering analysis has been provided, demonstrating that the fill will be stable without further structural methods and it can be determined that the fill blends physically and visually with existing topography.

7. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent with the storm water management manual, shall be provided for all proposed fill and excavation activities, and approved by the shoreline administrator prior to commencement of activity.

8. Fill below the OWHM shall require a shoreline conditional use permit. [Ord. 580 Att. A § 5.5, 2019.]