(a)

Subject to Section 20.44.120 (Restrictions and requirements), grading permits require a construction permit application and SEPA may be required depending on the amount of cut and fill proposed with the grading on the site. Grading permits are issued by the community and economic development director.

(b)

The community and economic development director may temporarily suspend or revoke any permit allowing grading or filling if, in his opinion, adverse weather or other conditions so warrant.

(Ord. 1309 § 5(part), 2003); Ord. No. 1312, § 8, 11-17-2003; Ord. No. 2022-019, § 1, 10-17-2022; Ord. No. 2024-020, § 1(Exh. A), 7-29-2024)

(a)

Subject to Section 20.44.120 (Restrictions and requirements), zoning permits are required for all clearing and logging involving one thousand square feet of property or more when not in conjunction with a land use permit or if a forest practice permit is required per Chapter 20.80 (Forest Land Conversion). SEPA may be required depending on the amount of cut and fill associated with the clearing and logging proposed on the site.

(b)

The community and economic development director may temporarily suspend or revoke any permit allowing land clearing if, in his opinion, adverse weather or other conditions so warrant.

(Ord. 1411 § 19, 2007; Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-019, § 1, 10-17-2022; Ord. No. 2024-020, § 1(Exh. A), 7-29-2024)

All clearing, logging, grading, filling, and excavation, regardless of whether or not a permit is required, is subject to the following restrictions and requirements:

(1)

No clearing, logging, grading, filling, or excavation is allowed in an environmentally critical area or its buffer where Chapter 20.93 (Critical Areas Ordinance) prohibits such activities.

(2)

No clearing, logging, grading, filling, or excavation, except that necessary for essential repairs of permitted private structures or construction of public infrastructure or facilities, is permitted outward from the shores of the Stillaguamish River or inland within its buffer, as established by Chapter 20.93 (Critical Areas Ordinance) or the Shoreline Management Act, whichever is greater.

(3)

Adequate Temporary Erosion and Sedimentation Control (TESC) measures shall be approved and installed per AMC 13.24, Stormwater Management, prior to any disturbance of soils.

(4)

All disturbed areas shall be hydro-seeded and mulched, sodded, or otherwise protected within forty-eight hours of disturbance.

(5)

All environmentally critical areas and their buffers shall be fenced with construction fence prior to any disturbance of the soil.

(6)

The applicant shall present to the city a valid NPDES permit, where required by the department of ecology, prior to any disturbance of soil.

(7)

Environmental review of clearing and/or grading associated with site development may be done concurrently with the environmental review of the project (e.g., at preliminary plat stage, site plan review stage, or project development stage) allowing for clearing and/or grading for public improvements to be permitted by approval of the construction drawings. However, the application shall specifically state that clearing and/or grading are a part of the application, and the permit shall specifically state what clearing and/or grading is permitted, or the clearing and/or grading shall not be considered permitted.

(8)

Between the dates of October 1 and March 31 all open projects shall be closed up and no more than one-fourth acre of property, or fifty cubic yards of soil, whichever represents the least amount of disturbance, may be cleared, moved or graded at any one time before that portion of the project is closed up. The clearing and/or grading of individual building lots in a finalled plat shall be phased, with no more than ten lots being cleared or graded in a plat at any one time. Before additional lots can be cleared or graded, the previously graded lots shall be hydro-seeded and mulched, sodded, or otherwise protected. The public works director may allow grading or clearing in excess of these limits during these times if, in his opinion, the site, adjoining properties, and any environmentally critical areas can be adequately protected, an approved temporary erosion and siltation control plan is implemented and properly maintained, and the weather is favorable.

(Ord. No. 1312, 11-17-2003; Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-019, § 1, 10-17-2022)