Chapter 15.20 CLEARING AND GRADING

(1) The regulations described in this chapter establish minimum requirements for grading or earthwork construction, including excavating and filling, the creation of impervious areas and procedures for review of applications, collection of fees, issuance of permits, approval of plans and enforcement action. They are intended to promote the general health, safety and welfare of the public and require an applicant to follow sound land use and development procedures.

(2) The purpose of this chapter is to attempt to identify and, in certain instances, mitigate, minimize or eliminate any impact caused by grading, excavating, filling, or creation of impervious area on public and private property, drainage systems, drainage courses, wetlands and environmentally sensitive areas.

(3) It is not the intent of these regulations to make Skykomish a guarantor or protector of public or private property in regard to land development activity.

(4) This chapter may be used as development guidelines or requirements in the administration of other Skykomish ordinances or regulations. (Ord. 267 § 1, 1998)

15.20.020 Permit required.

Unless exempt from this chapter, no person, party, firm, corporation or entity shall do any grading, filling, clearing, excavating, ditching or create an impervious surface, unless the work is in accordance with a valid permit from the town issued pursuant to the provisions of this chapter. Each site shall require a separate permit. (Ord. 267 § 1, 1998)

15.20.030 Definitions.

The following definitions are used in this chapter:

“Applicant” means the person, party, firm, corporation or other legal entity or agent thereof that proposes to do grading work, clear property, excavate or fill, or create impervious areas in the town. The applicant shall in each instance include the owner of the subject property.

“Area of special flood hazard” means land in a floodplain area subject to a one percent or greater chance of flooding in any given year as designated by the FEMA National Flood Insurance Program or as adopted by the town.

“Bench” means a relatively level step excavated into natural earth or fill material.

“Certification” means a written engineering opinion, stamped, signed and dated by a professional civil engineer, concerning the progress or completion of work.

“City official” means an authorized representative of the town who is authorized to review proposals, render judgements, enforce code compliance and issue permits by the Skykomish town code.

“Clearing/clear-cutting” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site which exposes the earth’s surface of the site.

“Compaction” means the densification of a fill by mechanical means.

“Drainage course” means any flow of water through a natural drainage system manmade conveyance system or overland drainage in sheet flow condition.

“Earth/earth material” means naturally occurring rock, soil, stone, dirt or combination thereof.

“Earthwork” means any operation involving the excavation, grading or filling of earth materials.

“Engineer” means a professional civil engineer, licensed by the state of Washington, and retained and acting on behalf of the applicant.

“Environmentally sensitive area” means wetlands, critical habitat areas or areas supporting an endangered species, fish-bearing waters, historic or archaeological sites, or other areas determined to be sensitive by the town of Skykomish.

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water or ice.

“Excavation” means the mechanical removal of earth material.

“Fill/fill material” means a deposit of earth material placed by mechanical means.

“Filling” means the act of transporting or placing (by any manner or mechanism) fill material from to or on any soil surface or fill material including temporary stockpiling of fill material.

“Grading” means any excavation, filling or creation of impervious surfaces or any combination thereof.

“Grading permit/permit” means the permit required by this chapter.

“International Building Code (IBC)” means the most recently adopted version by the town of the International Building Code.

“Impervious surface” means compacted gravel, asphalt concrete, portland cement concrete, bituminous surface, oilmat or other finished surface or ground which is impenetrable or nearly impenetrable by water.

“Minerals” means coal, clay, stone and gravel, metallic ore or any other similar solid material or substance occurring from natural deposits on or in the earth.

“Mining” means the removal of minerals from deposits on or in the earth.

“Natural buffer area (N.B.A.)” means a parcel or strip of land that is designated to permanently remain in an undisturbed and untouched condition. No building, clearing, filling or grading is permitted within this area, except for minor watercourse maintenance when applicable.

“Parcel/original tract” means a legally created unit of land that the applicant holds the controlling ownership thereof, under single or unified ownership, or controls through a leasehold agreement.

“Permanent erosion control” means continuous on-site and off-site control measures that are needed to control conveyance and/or deposition of earth, turbidity or pollutants after construction or development.

“Property owner” means the person or persons, corporation, partnership, contract purchaser or other legal entity which has or asserts ownership or control of the property now and in the future.

“Site” means any parcel or combination of contiguous parcels where grading, filling, clearing or creation of an impervious surface is proposed, and which may be controlled by more than one property owner.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

“Soils engineer” means a professional civil engineer, licensed by the state of Washington, with demonstrated experience and knowledge in soils engineering.

“Stockpiling” means the placement of material with the intent to remove at a later date.

“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants during construction or development, but may not be needed when the project is completed or when ground conditions have been stabilized by permanent erosion control measures.

“Town” means the town of Skykomish, Washington.

“Wetland” means those areas of the town that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions or those areas identified as wetlands using the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Wetlands generally include swamps, marshes, bogs and similar areas. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as other documentation of the previous existence of wetland vegetation such as aerial photographs.

“WSDOT specifications” means the requirements or standards of the latest edition of the Washington State Department of Transportation Standard Plans and/or Specifications. (Ord. 267 § 1, 1998)

15.20.040 Applicability – Exemptions.

This chapter governs all grading, filling, excavating and/or covering of ground with an impervious surface for all property in the town. The following work is exempt from the requirements of this chapter unless it involves a drainage course, wetlands, environmentally sensitive areas, areas of special flood hazard or archaeological sites:

(1) Construction or maintenance of public roads when done by a public agency or private entity when the project has completed an environmental checklist, has been approved by the town, and the work is in existing or future public right-of- way;

(2) Excavations of not more than a total of 100 cubic yards of material from its existing condition throughout the life of the project;

(3) The broadcasting of less than 50 yards of peat, sawdust, mulch, bark, chips or solid nutrients on a lot, tract or parcel of land, or the broadcasting of any amount of the above material to a maximum depth of four inches;

(4) The creation of impervious surfaces which are less than 5,000 square feet in area;

(5) The installation of utilities in accordance with a valid permit, franchise or road construction plan from Skykomish, well drilling activities or excavation for soil logs;

(6) Emergency sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property;

(7) Broadcasting of five yards or less of topsoil not more than four inches deep. (Ord. 267 § 1, 1998)

15.20.050 Design criteria.

All work must be designed to a standard as required by the town and will follow standards of good engineering practices and principles. The engineer will be responsible for providing a design that is acceptable and, when constructed, a facility that can be easily maintained by the property owner. If circumstances create a hazard to life, endanger or adversely affect the use or stability of a public or private way or drainage courses, the town may impose additional or greater requirements to fulfill the intent of this chapter. (Ord. 267 § 1, 1998)

15.20.060 Variations.

Variation from engineering standards may be authorized only by the town upon submittal and approval of additional information, plans or design data, only by the engineer, which indicates that the requested variation is based on sound engineering judgement, that requirements for safety, environmental considerations, function, appearance and maintainability are fully met, and the variation is in the best interest of the public. All variations must be approved prior to the start of construction or in the event changes become necessary during construction before the actual changes are made. Requests for a variation on a project which has been previously reviewed by other agencies shall be sent to them for re-review before approval or denial of the variation. (Ord. 267 § 1, 1998)

15.20.070 Environmental consideration.

(1) An environmental checklist shall be submitted to the town of Skykomish for a grading permit unless:

(a) The proposed work is part of a project for which an environmental checklist has already been submitted and the grading, filling and clearing work has been addressed; or

(b) The project is categorically exempt as per WAC 197-11-800.

(2) A determination of nonsignificance (DNS) or a final environmental impact statement (FEIS) must be issued before the permit is granted by the town.

(3) Provisions contained in the DNS or FEIS shall be considered when approving the grading permit and conditions of the permit shall not be less restrictive than the DNS or FEIS.

(4) An environmental checklist review may run concurrently with the application for a grading permit. (Ord. 267 § 1, 1998)

15.20.080 Review coordination.

(1) A grading permit will not be granted by the town until other public or governmental agencies approvals, if required, are received by Skykomish and/or any appeals are concluded. Conditions imposed by other governmental agencies affecting the permit must be incorporated into the project’s design and implemented by the applicant.

(2) Issuance of a grading permit for the purpose of project site preparation may be withheld until all applicable permits or approval for the proposed project are obtained by the applicant.

(3) When development is intended or proposed on a site affected by issuance of a grading permit, work allowed by the grading permit shall be subordinate to future site development conditions or requirements.

(4) The issuance of a grading permit shall not relieve the applicant from complying with other applicable town zoning or land use regulations. (Ord. 267 § 1, 1998)

15.20.090 Financial guarantees.

(1) Guarantee Required. Prior to issuance of a permit, the applicant will be required to submit a final guarantee to the town to assure compliance with the provisions of this chapter, the permit and approved plans. Improvements and facilities that must be guaranteed by the applicant are, but not limited to, temporary and permanent erosion and sedimentation control work, drainage control work and restoration work.

(2) General. Financial guarantees shall be in a form acceptable to the town and will not be released by the town until all work is completed in accordance with the approved plans and conditions of the permit. All work must be completed within the time limits as noted on the permit or the approved plan for the project. If not completed, the town may use the financial guarantee to complete the work as outlined in the permit or approved plans, or complete those items of work that would safeguard adjacent or downstream property owners or may deposit the financial guarantee in a designated account as contribution toward the cost of completing the work. Collection of the financial guarantee does not relieve the applicant of the responsibility to complete the work and Skykomish may act as necessary to ensure completion of the work.

All financial guarantees shall run continuously until released by the town and shall not be subject to an expiration or cancellation date.

An engineer’s estimate for the work to be accomplished, based on current construction costs, must be submitted to the town for review and approval. The town will establish the minimum financial guarantee at 125 percent of the estimate to allow for inflation, engineering expenses and administrative costs should the town have to complete the work. The town shall retain from the funds all costs associated with administration, collection of the funds and completion of the guaranteed work.

Work placed under a financial guarantee as required by another town ordinance need not be re-guaranteed for this chapter.

(3) Release. Upon receipt of an acceptable letter of completion from the engineer, the town will release the applicable financial guarantee. (Ord. 267 § 1, 1998)

15.20.100 Fees.

Fees will be set forth by Resolution No. 163. (Ord. 267 § 1, 1998)

15.20.110 Permits.

The applicant, by applying for a grading permit, agrees to accept sole responsibility and liability for compliance with all state, federal and local rules, requirement laws, ordinances and regulations. (Ord. 267 § 1, 1998)

15.20.120 Application for a permit.

(1) The application form shall be provided by the town and shall require the applicant engineer to provide the following information:

(a) Identify and describe the work to be covered by the permit;

(b) Provide a legal description of the site on which the work is to be done including all tax parcel numbers;

(d) Provide a site plan showing the location of the property, adjacent public roads, general layout of the proposed work and preliminary topographic information; and

(e) Be signed by the applicant or his legally authorized representative.

(2) When work occurs on a site not under the control or ownership of the applicant, the property owner shall also sign the application and shall be responsible for all work that occurs on the property.

(3) The applicant may provide additional information, as appropriate, to identify the scope of work.

(4) Comments regarding the application and requirements for additional studies, plans, information or reports will be made by the town to the applicant within 30 days after proper submittal is made to the Skykomish planning/building department. (Ord. 267 § 1, 1998)

15.20.130 Plan requirements.

(1) Plans and Specifications. When required, the engineer shall submit two sets of plans with associated specifications, reports and other supporting data to correctly analyze, study and evaluate the proposed work. All drainage plans, construction drawings, erosion control plans or other engineering plans submitted to the town shall be signed and stamped by the engineer.

(2) Information on Plans. Plans shall be drawn to scale on 11-inch by 17-inch or 24-inch by 36-inch paper or drafting film and shall be of sufficient clarity to indicate the nature and extent of the proposed work. The first sheet of each set of plans shall give the location of the site, name, address and telephone number of the applicant, his agent (if applicable) and the engineer.

The plans with associated specifications, reports or data shall include or address the following information:

(a) General vicinity map delineating the proposed site, access to the site, existing roads drawn to a scale of four inches equals one mile, parcel number and section, township, and range;

(b) Finished contour lines at two-foot intervals or five-foot intervals, if they are adequate to accurately describe the completed project distinguishable from existing contour lines, existing and proposed drainage courses or system, related construction improvements, property limits and access details;

(c) Location of any buildings or structures on the site and the location of any buildings or structures on adjacent property which may be affected by the proposed work;

(d) Existing soils information and groundwater conditions;

(e) Information concerning construction methods, fill material specifications, source of fill material, compaction information, haul routes and other construction information when known and applicable to the proposed work;

(f) Information concerning wetlands, environmentally sensitive areas and similar applicable information;

(g) Erosion and sedimentation control plan;

(h) Landscape and restoration plan, when applicable.

(3) Soil Engineering-Geology Report. When on-site conditions or the proposed work involves slide prone or unstable soils, the town shall require a soils engineer to prepare a report that includes data regarding the nature, slide potential, soil- bearing capacity and slope stability of existing soils, conclusions and recommendations covering adequacy of sites to be developed. Recommendations in the report shall be incorporated in the proposed plans or specifications. (Ord. 267 § 1, 1998)

15.20.140 Permit issuance.

(1) The town shall review the submitted information to determine if it complies with the provisions of this chapter. If the proposed work as identified by the application and plans comply with the provisions or as imposed by the town pursuant to this chapter, or if they are corrected or amended to comply within the specified time limit, the town shall issue a permit to the applicant.

(2) Other city, county, state and federal permit conditions may apply to the proposed project and compliance with this chapter does not constitute compliance with other such conditions.

(3) The permit shall be signed by the applicant and, if applicable, the property owner before issuance by the town and is not transferable. (Ord. 267 § 1, 1998)

15.20.150 Changed conditions, stop work order and permit revocation.

Should the town become aware of conditions that invalidate the original design data used to obtain the permit or determine that the applicant is not complying with the conditions of the permit or approved plans, the town may revoke the original permit and/or order work stopped on the project. The town may require the applicant to resubmit information or plans for review and approval and apply for a new permit.

The town may order all or part of the permitted work stopped for any period of time for any of the following reasons:

(1) The applicant fails to comply with the conditions of the permit.

(2) The permit was granted on the basis of erroneous information submitted to the town by the engineer or applicant.

(3) The weather or weather-created conditions cause off-site or downstream drainage or water quantity or quality problems.

(4) The work has become a hazard to life, endangers property or adversely affects the use or stability of a public way or drainage course. (Ord. 267 § 1, 1998)

15.20.160 Permit time limit.

A grading permit shall be valid for 180 days from the date of approval by the town. Work not completed within this period shall be resubmitted for review and a new permit must be obtained from the town. Work not completed pursuant to the earlier permit will be reviewed in accordance with the most recent version of this chapter. (Ord. 267 § 1, 1998)

15.20.170 Engineering standards.

Engineering standards are set forth in this chapter. (Ord. 267 § 1, 1998)

15.20.180 Excavation standards.

(1) Cut Slopes. Slopes shall be no steeper than is safe for the intended use and shall not be steeper that two horizontal to one vertical, or as recommended by a soils engineer.

(2) The catch point of the top of the slope shall be set back from the site boundary line in accordance with the following table unless a retaining wall is designed by the engineer and constructed for the project.


Cut Depth	Setback Distance
Under 5 feet	2 feet
5 – 20 feet	Height x 2
Over 20 feet	10 feet

(Ord. 267 § 1, 1998)

15.20.190 Fill standards.

(1) General. Fill which is intended for building sites shall be constructed in conformance with the requirements of the latest edition of the IBC, as adopted by the town, and an assignment of allowable soil-bearing pressures will be under the jurisdiction of the Skykomish building official in accordance with the IBC.

(2) Fill Location. Slopes shall be no steeper than is safe for the intended use and shall not be steeper than one and on-half horizontal to one vertical or as recommended by a soils engineer. Fill sites must be approved by the engineer as suitable locations for the proposed fill.

(3) Preparation of Ground. The ground surface for fills over five feet in height shall be prepared by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill, and, where existing slopes are steeper than five horizontal to one vertical, by benching into competent material as determined by the engineer. The bench under the toe of a fill on a slope steeper than five horizontal to one vertical shall be at least 10 feet wide, or as recommended by a soils engineer.

(4) Fill Material. Except as permitted by the town, no material other than earth material shall be buried or placed in fills. Placement of other than earth material is regulated by state statutes or federal laws and additional permits may be required.

(5) Slope Stability. Fills shall be constructed using earth materials, compaction methods and construction techniques, so that stable fills are created.

(6) Setback from Property Lines. The toe or catch point of fill slopes shall be set back from the site boundary line in accordance with the following table, unless a retaining wall is designed by the engineer and construction for the project.


Fill Depth	Setback Distance
Under 5 feet	2 feet
5 – 40 feet	Height x 2
Over 40 feet	20 feet

(7) Notice of Grading or Filling. The town may cause a notice to be recorded as a public record containing provision which will include the nature and extent of the filling which has occurred on the parcel. (Ord. 267 § 1, 1998)

15.20.200 Impervious surfaces.

The creation of an impervious surface whose total area exceeds 5,000 square feet shall come under the jurisdiction of and be in compliance with the provisions of this chapter. (Ord. 267 § 1, 1998)

15.20.210 Erosion control.

Erosion control requirements shall be implemented by the applicant prior to site grading or clearing.

(1) Slopes. Slopes shall be prepared and maintained to control erosion. Slope protection shall be installed immediately upon achieving final grade or as soon as weather permits and prior to approval by the engineer. Where cut slopes are not subject to erosion, due to the nature of the materials, such protection may be omitted.

(2) Other Devices. Where necessary, check dams, silt fences, cribbing, riprap, natural buffer areas or other devices or methods shall be employed to control erosion. Where natural buffer areas are required, no building, clearing, filling, grading, or ditching is permitted within that area except for minor watercourse maintenance when applicable. The natural buffer area as delineated or described shall be preserved and maintained in its natural undisturbed state for erosion and drainage control. (Ord. 267 § 1, 1998)

15.20.220 Wetland areas.

Grading, filling or clearing within 100 feet of a wetland or any grading, filling or clearing that could affect a wetland. (Ord. 267 § 1, 1998)

15.20.230 Special flood hazard area.

Grading, filling or clearing in an area of special flood hazard shall be done in accordance with this chapter. (Ord. 267 § 1, 1998)

15.20.240 Archaeological sites.

Grading, filling or clearing of archaeological sites shall be done in accordance with Chapter 25-48 WAC, as now adopted or as may be amended, or other applicable state or federal law. (Ord. 267 § 1, 1998)

15.20.250 Approval and inspection process.

The approval and inspection process is set forth in this chapter. (Ord. 267 § 1, 1998)

15.20.260 Obligations of engineer.

The engineer shall be responsible for the inspection and approval of all work on private property as shown on the approved plan. This shall include, but is not limited to, all grading work, drainage facilities and erosion and sedimentation control facilities or other work approved for the project. The engineer shall act as the coordinator and liaison between the applicant and the town. (Ord. 267 § 1, 1998)

15.20.270 Notification of completion.

The engineer shall submit a letter to the town certifying that the completed project conforms to the conditions of the permit and approved plans and all grading work, drainage facilities, erosion control measures, etc., have been completed in accordance with the issued permit. The report shall be stamped and signed by the engineer and shall be worded as follows:

I have inspected the project and find that the work substantially conforms to the terms and conditions of the permit and the intended design for the project.

Minor alterations to the system must be listed in the approval letter or noted on reproducible as built drawings which must be submitted with the approval letter. (Ord. 267 § 1, 1998)

15.20.280 Town inspection.

After receipt of the notification of completion the town shall make a final inspection of the project. (Ord. 267 § 1, 1998)

15.20.290 Appeals.

Any person or agency aggrieved by an act or decision of the town in the administration of this chapter may appeal to the town council pursuant to the provisions of Skykomish zoning code as now enacted or hereafter amended. Appeal fees shall equal 75 percent of the permit fee as set elsewhere in this chapter. (Ord. 267 § 1, 1998)

15.20.300 Penalties and enforcement.

The enforcement and penalty provisions are set forth in this chapter. (Ord. 267 § 1, 1998)

15.20.310 Inspections – Entry authorized.

The town is authorized to make inspections and take such actions as required to enforce the provisions of this chapter. Authorized town agents may enter onto such land to inspect the same or perform any duty imposed upon the town by this chapter; provided, that the agent shall present proper credentials and make a reasonable effort to contact the property owner before entering onto the property. (Ord. 267 § 1, 1998)

15.20.320 Illegal fill material – Removal.

The town may require the applicant to remove or replace illegally placed fill material, restore an illegally graded parcel, implement a landscape plan which has been approved by the Skykomish public works department or mitigate or correct work that has adversely impacted adjacent or downstream property owners, with all costs borne by the applicant and/or his financial guarantor. (Ord. 267 § 1, 1998)

15.20.330 Violation – Civil penalties.

Set forth in Chapter 1.15 SMC. (Ord. 267 § 1, 1998)

15.20.340 Violation – Nuisance.

Any violation of this chapter shall constitute a public and/or private nuisance and may be enjoined as provided by the laws of the state of Washington. In the event the town brings suite in superior court to enforce this chapter, the town shall be entitled to judgment against the defendant(s) for its legal expenses and attorney’s fees if the town is the prevailing party. (Ord. 267 § 1, 1998)