35.25.080 Regulations | Clallam County Code

35.25.080 Regulations.

(1) Clearing, grading and filling shall only be allowed as part of an approved shoreline use/development and shall be subject to the requirements of the primary use/development.

(2) When allowed, clearing, grading, and filling shall be located, designed, and constructed in a manner that:

(a) Minimizes land disturbance to the minimum necessary for the intended development; and

(b) Utilizes mulch, vegetation, or other best management practices to minimize erosion from exposed soils during construction; and

(d) Blends in physically and visually with natural topography, so as not to interfere with appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline; and

(e) Does not impede net shore-drift toward sensitive marine environments such as spits, estuaries, and river deltas; and

(f) Does not require shoreline armoring or stabilization to protect materials placed unless it is part of an approved shoreline restoration project and shoreline armoring or stabilization measures are needed to keep the material in place; and

(g) Protects shoreline ecological functions and ecosystem-wide processes, including channel migration.

(3) Fill materials placed within shoreline jurisdiction shall consist of clean sand, gravel, soil, rock or similar material that is certified to be free of invasive weeds. The use of contaminated material or construction debris, including material or debris that is contaminated with invasive weed seeds or parts, shall be prohibited.

(4) Fill placed waterward of the ordinary high water mark of any water body shall only be permitted when alternatives are infeasible and when the filling/excavation is necessary to support one or more of the following activities:

(a) Approved marinas, ports, and other water-dependent industries where upland alternatives or structural solutions including pile or pier supports are infeasible.

(b) Development or maintenance of essential public infrastructure and facilities that demonstrates a requirement of a waterfront location.

(c) Federally mandated environmental cleanup activities required by the Model Toxics Control Act or the Comprehensive Environmental Response, Compensation, and Liability Act.

(d) Maintenance of a lawfully established use or development.

(e) Ecological restoration and enhancement projects benefitting water quality and/or fish and wildlife habitat.

(f) Public access and public water-oriented recreation projects benefitting substantial numbers of people.

(g) Part of an approved shoreline stabilization, flood control, or in-stream structure project when consistent with this Program.

(5) Excavation below the ordinary high water mark shall be considered dredging and shall be subject to the regulations in Article III of Chapter 35.20 CCC.

(6) The following information shall be required for all proposals involving fill unless the Administrator determines that issues are adequately addressed via another regulatory review process:

(a) A description of the proposed use of the fill area; and

(b) A description of the fill material, including its source, required weed free certification as applicable, and characteristics; and

(d) A description of the location of the fill relative to natural and/or existing drainage patterns; and

(e) A description and map of the fill area and depth relative to the ordinary high water mark; and

(f) A description of proposed means to control surface runoff; and

(g) A temporary erosion and sediment control (TESC) plan.