21.68.090 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 RMC Chapter 15.24, Clearing, Grading, and Stormwater Management.
A. 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 RZC 21.68.060.A.2 through A.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.
B. 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.
C. Permitted Landfilling and Excavation. Landfilling and excavation under the following circumstances may be permitted:
1. In the High Intensity/Multiuse 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. Stormwater conveyance or treatment facilities.
3. Fill waterward of the ordinary high water mark for any use except ecological restoration should require a Conditional Use Permit.
D. Solid Waste Disposal. Landfills for solid waste disposal are prohibited within the shoreline.
E. Quarrying and Mining Prohibited. Quarrying and mining, including mining by the use of dredging techniques, are not permitted within the shoreline.
F. 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 RZC 21.68.060, Shoreline Buffers. Waterfront building setbacks are defined in RZC 21.68.060.B, Lake Sammamish Setback. The Shoreline Jurisdiction is defined in RZC 21.68.020, 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, 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 subsection RZC 21.68.090.C, Permitted Landfilling and Excavation, of this section.
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 RZC 21.64.040.C, Flood Hazard Areas – Development Standards.
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, RZC 21.64.030.B, Wetland Buffers, and RZC 21.64.020.B, Stream Buffers, including RZC 21.68.060.A, Shoreline Buffers.
8. All landfilling in the floodplain is also subject to the requirements of RZC 21.64.040.C, 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 in RZC 21.08.170.H.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 RZC 21.64.030.D, Wetlands Performance/Design Standards, and RZC 21.64.020.F, Riparian Stream Corridor Performance Standards.
c. Any removal of trees within the Shoreline Jurisdiction shall also meet the requirements of RZC 21.68.110, Tree Protection, Landscaping, and Screening Within Shorelines.