14.07.040 Permits required.

(1)    General.

(a)    Unless exempted by subsection (2) of this section, a grading permit is required for all land-disturbing activities on a site, as follows:

(i)    In urban areas on sites less than one (1) acre when grading involves more than fifty (50) cubic yards of earth materials;

(ii)    In urban areas on sites of one (1) acre or more, and in rural areas on sites less than five (5) acres, when grading involves more than one hundred (100) cubic yards of earth materials; and

(iii)    In rural areas on sites of five (5) acres or more, when grading involves more than two hundred (200) cubic yards of earth materials.

(iv)    Within critical areas, regardless of whether the site is in an urban or rural area, when grading involves more than fifty (50) cubic yards of earth materials. Grading in critical areas may be subject to other federal, state, and county regulations, including SEPA. Critical areas within the county include: flood hazard areas (Chapter 40.420), geologic hazard areas (Chapter 40.430), wetlands and fish and wildlife habitat conservation areas (Chapter 40.445), as well as areas subject to the shoreline master program (Chapter 40.460).

(v)    “Stand-alone” grading projects in excess of five hundred (500) cubic yards are subject to the requirements in Section 40.570.080(C)(3)(k) even if the grading is exempt from SEPA.

(b)    For the purpose of determining whether a permit is required, the volume amount equals the total volume of the on-site excavation plus the volume of fill hauled to the site from an off-site source.

(c)    The grading volume calculation under subsection (1)(a) of this section includes the volume of earth materials from land-disturbing activities not covered by previously approved grading permits. To calculate the grading volume, all grading activities on one (1) site will be viewed cumulatively for the permit, adding the volumes of earth materials of the land-disturbing activities for all grading not covered under a previous permit.

(d)    An engineering review of a grading application is required prior to performing work under this chapter. After the grading permit is issued, inspection of the work is required.

(e)    A separate permit is required for off-site fill locations.

(f)    A separate grading permit is not required when grading activities are part of a development engineering review project, such as a site plan or subdivision.

(g)    Permit Timelines and Expirations.

(i)    A grading plan engineering approval (the permit) expires one (1) year from the approval date, unless construction starts before the expiration date. After construction starts, the grading permit expiration date runs with the inspection timeline and associated inspection expiration dates.

(ii)    If construction does not start within the one (1) year engineering approval period, a one (1) year permit extension may be requested if the extension fee is paid before the engineering approval expiration date.

(iii)    Grading inspection fees are valid for one (1) year. The one (1) year timeline starts on the date of the preconstruction conference. If no preconstruction conference is held, the one (1) year timeline begins when fees are paid. A one (1) year inspection extension may be requested if the extension fee is paid before the inspection expiration date.

(2)    Exemptions. An exemption from the permit requirements of this section does not grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A grading permit is not required for the following:

(a)    Excavation for construction of a structure permitted under this code.

(b)    Cemetery graves.

(c)    Refuse disposal sites controlled by other regulations.

(d)    Excavations for wells, or trenches for utilities.

(e)    Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay where the site and activity are subject to review by the Department of Natural Resources, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

(f)    Exploratory excavations performed under the direction of a registered design professional as defined by the International Building Code.

(g)    Agricultural practices, such as:

(i)    Importing hog fuel or wood chips for mud control and livestock bedding;

(ii)    Maintenance or repair of existing commercial or noncommercial agricultural facilities when there is no expansion;

(iii)    Planting, including ground cover or organic mulch, when done according to ordinary farming management practices as defined by the USDA Natural Resource Conservation Service;

(iv)    Soil preparation that is typically recognized as ordinary farming practices, to include importing soil amendments and enhancing materials; and

(v)    Tilling when done according to ordinary farming practices.

The agricultural practices must not obstruct any drainage courses.

(h)    Maintenance and repair of existing drainage tiling systems.

(i)    Road and driveway maintenance practices, such as:

(i)    Pothole and square cut patching;

(ii)    Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage;

(iii)    Shoulder grading;

(iv)    reshaping and regrading of existing drainage systems;

(v)    Resurfacing with in-kind material without expanding the road prism; and

(vi)    Vegetation maintenance.

(3)    Simplified Grading (Excavation, Fill, and Stockpile) Permits.

(a)    Certain grading projects less than five hundred (500) cubic yards in the rural area away from critical areas may qualify for a simplified grading permit. A simplified grading plan review is allowed for projects that meet the following criteria:

(i)    The application is for grading-only projects.

(ii)    The site is within the rural area and outside rural centers.

(iii)    The grading is less than five hundred (500) cubic yards.

(iv)    There are no critical areas or their associated buffers or shoreline areas as identified by GIS within one hundred (100) feet of the proposed grading area. However, where critical area boundaries have been verified through an approved predetermination or delineation in the field, grading may take place up to the critical area boundary/buffer.

(v)    There are no archaeological resources known to exist on the site.

(vi)    No historic resources will be affected by the grading.

(vii)    The proposal contains no fill intended to support a structure, a road, a driveway or a parking area.

(viii)    The proposed grading does not change the pregrading drainage paths.

(b)    The grading plan will be reviewed according to the applicable provisions of this section. Erosion control will also be reviewed according to Chapter 40.386.

(c)    The responsible official may place additional requirements on the application based on site-specific conditions.

(4)    Regular and Engineered Grading (Excavation, Fill, and Stockpile) Permit. In addition to the general permitting and construction document provisions of IBC Sections 105.3 and 107, a grading permit requires the applicant to state the estimated quantities of excavation and fill.

(a)    For any grading in excess of five thousand (5,000) cubic yards the project must be designated “Engineered Grading” on the permit application, requiring the submittal of a grading plan prepared by a licensed professional engineer or geologist registered in the state of Washington.

(b)    For any grading involving less than five thousand (5,000) cubic yards the project may be designated “Regular Grading” on the permit application, and the application does not need to be prepared by a registered design professional.

(c)    An “Engineered Grading” application is required for all fill that supports a structure.

(d)    The responsible official may determine that, because special conditions or unusual hazards exist, the project must be designated as “Engineered Grading,” requiring the submittal of a grading plan prepared by a licensed professional engineer or geologist registered in the state of Washington.

(5)    SEPA Requirements. Grading in a critical area, or grading over one thousand (1,000) cubic yards outside a critical area, may be subject to the requirements in Chapter 40.570, State Environmental Policy Act (SEPA).

(6)    Stormwater. Grading activity must be consistent with Chapter 40.386. All projects conducting land-disturbing activity, as defined in Sections 14.07.030, 40.100.070 and 40.386.010, are subject to stormwater and erosion control requirements of Chapter 40.386. Grading for a stormwater management plan that includes preservation of native vegetation must follow guidelines to adequately protect the future viability of vegetation. (Sec. 1 of Ord. 2007-06-05; amended by Sec. 6 of Ord. 2009-01-01; amended by Sec. 2 (Exh. 1) of Ord. 2011-01-01; amended by Sec. 10 of Ord. 2012-05-14; amended by Sec. 4 of Ord. 2013-06-15; amended by Sec. 11 of Ord. 2014-01-08; amended by Sec. 15 of Ord. 2015-11-24. Formerly 14.07.050)