(a)

Prohibition. Filling, grading, lagooning or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation or impairment of fish and aquatic life shall be prohibited.

(b)

Filling and grading. A conditional use permit for filling and grading shall be required in the following instances:

(1)

Any proposed grading or filling in a floodplain or conservancy zoning district or of the bed of a navigable body of water.

a.

Such grading or filling shall be carefully evaluated for its impact in accordance with subsection (a) of this section.

b.

The plan commission shall evaluate the proposal for conformance with all applicable state and local regulations and may refer the proposal to any state or local governmental agency for advice and/or technical assistance.

(2)

Any proposed grading or filling of any area which is within 300 feet horizontal distance of the high water mark of a navigable body of water and which has surface drainage toward the water and on which there is:

a.

Filling of more than 500 square feet of any wetland which is contiguous to the water.

b.

Filling or grading on slopes of 20 percent or more.

c.

Filling or grading of more than 1,000 square feet on slopes of 12-20 percent.

d.

Filling or grading of more than 2,000 square feet on slopes of 12 percent or less.

(3)

Any proposed grading or filling of an area of more than 2,000 square feet that would create or alter slopes of ten percent or more.

(c)

Lagooning and dredging.

(1)

Conditional use permit required. A conditional use permit shall be required before constructing, dredging or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet of the high water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water.

(2)

Exempted practices. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation.

(3)

Application review. The plan commission shall evaluate each application and may request expert assistance from state, federal and local agencies.

(d)

Conditions attached to permit. In granting a conditional use permit for filling, grading, or lagooning, the plan commission may attach the following conditions in addition to those specified in other locations of this Code:

(1)

That the smallest amount of bare ground be exposed for the shortest time feasible.

(2)

Temporary ground cover such as mulch be used and permanent cover such as sod be planted.

(3)

Diversions, silting basins, terraces and other methods to trap sediment be used.

(4)

Lagooning be conducted in such a manner as to avoid creation of fish trap conditions.

(5)

Fill is stabilized according to accepted engineering standards.

(6)

That fill will not restrict a floodway or destroy the storage capacity of a floodplain.

(7)

Sides of a channel or artificial watercourse be stabilized to prevent slumping.

(8)

Sides of channels or artificial watercourse be constructed with slopes of two horizontal to one vertical or flatter, unless vertical bulkheads or rip rapping are provided.

(e)

State agency permits. Any state agency permits shall be required as applicable and the granting of a conditional use permit by the plan commission shall not be regarded as necessarily satisfying state and/or local permit requirements.

(Code 1999, § 18.39)