20D.150.90 Clearing, Grading, Landfilling and Excavation Within Shorelines.

Clearing, grading, landfilling and excavation within the shoreline jurisdiction shall also meet all clearing and grading regulations specified in Chapter 15.24 RMC, Clearing, Grading, and Stormwater. (Ord. 2486)

20D.150.90-010 Prohibited Clearing and Grading.

The following clearing and grading activities are prohibited within the shoreline jurisdiction:

(1)    Clearing or grading within shoreline buffers, except as part of a buffer restoration or mitigation plan and except as otherwise permitted under RCDG 20D.150.60-010(2) through (5).

(2)    Clearing or grading within Lake Sammamish waterfront building setbacks, except for the purpose of habitat restoration and enhancement or natural beach enhancement or protection, or the installation of residential docks, shoreline protective structures, or public access, where allowed. (Ord. 2486)

20D.150.90-020 Prohibited Landfilling.

The following landfilling activities are prohibited within the shoreline jurisdiction:

(1)    Landfilling that will cause a significant change in the shoreline, or cause a significant reduction of the normal surface area of a body of water at ordinary high water; and

(2)    Landfilling within salmon and steelhead spawning areas, or where the drift of fill materials is likely to adversely affect spawning areas. (Ord. 2486)

20D.150.90-030 Permitted Landfilling and Excavation.

Landfilling and excavation under the following circumstances may be permitted:

(1)    In the High Intensity/Multi-Use and Shoreline Residential shoreline environments.

(2)    In the Aquatic, Natural, and Urban Conservancy shoreline environments, for the following uses only:

(a)    Enhancement or restoration of fish or wildlife habitat;

(b)    Shoreline protective structures;

(c)    In conjunction with boat launches, residential docks and public access facilities;

(d)    Natural beach enhancement or protection to remedy or prevent erosion of a natural beach or public swimming beach, provided that beach enhancement does not create additional dry land;

(e)    In conjunction with roadways and regional light rail where there is a demonstrated public need, pile or pier supports are proven infeasible; and no practicable alternative location exists;

(f)    In conjunction with floodway- or floodplain-dependent structures such as dams or diversions for flood control or fisheries enhancement, or flood control structures such as levees and pumping stations, where allowed;

(g)    Storm water conveyance or treatment facilities.

(3)    Fill waterward of the OHWM for any use except ecological restoration should require a Conditional Use Permit. (Ord. 2486)

20D.150.90-040 Solid Waste Disposal.

Landfills for solid waste disposal are prohibited within the shoreline. (Ord. 2486)

20D.150.90-050 Quarrying and Mining Prohibited.

Quarrying and mining, including mining by the use of dredging techniques, are not permitted within the shoreline. (Ord. 2486. Formerly 20D.150.10-080)

20D.150.90-060 Design and Construction Standards in Shorelines.

Any clearing, grading, landfill or excavation within the shoreline jurisdiction shall meet the additional construction standards specified in this section. Shoreline buffers are defined in RCDG 20D.150.60, Shoreline Buffers and Setbacks. Waterfront building setbacks are defined in RCDG 20D.150.60-020, Lake Sammamish Setback. The shoreline jurisdiction is defined in RCDG 20D.150.20, Shoreline Jurisdiction.

(1)    Landfills and excavations shall not cause significant direct or indirect damage to shoreline vegetation, water quality, stream flow, fish habitat, aquatic life or wildlife. Landfills and excavations shall achieve no net loss of shoreline ecological functions.

(2)    Landfills and excavations shall not significantly reduce the aesthetic and visual qualities of the shoreline, nor significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.

(3)    The extent of the landfill shall be the minimum amount and extent necessary to accomplish the purpose for the fill under RCDG 20D.150.90-030.

(4)    Landfilling shall not create unstable land conditions, cause subsidence, cause land to rise, or otherwise jeopardize public safety and property.

(5)    Fill material shall consist of clean materials, free of toxins or other wastes that may degrade water quality or shoreline habitat.

(6)    All proposals for landfills within the floodplain shall provide confirmation that an equal water storage capacity is maintained and that no significant direct or indirect damage to the watercourse, water quality, stream flow or aquatic life will occur, and compliance with the development standards for flood hazard areas as outlined in RCDG 20D.140.40-030.

(7)    Any clearing or grading within a shoreline buffer shall also meet the requirements for stream buffers and wetland buffers in the City’s critical areas regulations, RCDG 20D.140.30-020, Wetland Buffers and RCDG 20D.140.20-020, Stream Buffers, including RCDG 20D.150.60-010, Shoreline Buffers.

(8)    All landfilling in the floodplain is also subject to the requirements of RCDG 20D.140.40-030, Flood Hazard Areas – Development Standards.

(9)    Natural Beach Enhancement and Protection.

(a)    Materials used in landfills for natural beach enhancement and protection shall be equivalent in form, size and function to beach material that naturally occurs at the site or other comparable natural beach site.

(b)    Beach enhancement and protection shall incorporate planting of native emergent and upland vegetation, where such vegetation would naturally occur and where planting would promote beach stabilization.

(c)    Natural beach enhancement and protection shall not:

(i)    Detrimentally interrupt littoral drift, or redirect waves, current or sediment to other sites.

(ii)    Extend waterward more than the minimum amount necessary to achieve a reasonable level of beach stabilization.

(iii)    Result in steep contours that trap drifting sediments, impede pedestrian access, or that result in unstable slopes.

(10)    Protection and Replacement of Vegetation.

(a)    Within waterfront building setbacks, areas disturbed by clearing, grading or excavation for shoreline protective structures, docks and other improvements allowed within waterfront building setback (see RCDG 20C.30.25-080(5), Waterfront Building Setbacks) shall be revegetated to ensure no net loss of shoreline ecological functions.

(b)    Vegetation Restoration. Vegetation remaining after project construction, including areas disturbed by clearing, grading or excavation within shoreline buffers, shall be restored to its native condition, equal alternative or an improved condition, pursuant to RCDG 20D.140.30-040, Wetlands Performance/Design Standards and RCDG 20D.140.20-060, Riparian Stream Corridor Performance Standards.

(c)    Any removal of trees within the shoreline jurisdiction shall also meet the requirements of RCDG 20D.150.110, Tree Protection, Landscaping and Screening Within Shorelines. (Ord. 2486)