(a)

General standards. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under subsection (b) of this section may be permitted in the shoreland area, provided that:

(1)

It is not done within the vegetative buffer zone unless necessary for establishing or expanding the vegetative buffer.

(2)

It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

(3)

Filling, grading, lagooning, dredging, ditching or excavating in a shoreland wetland district meets the requirements of section 38-740(c).

(4)

All applicable federal, state and local authority is obtained in addition to a permit under this division.

(5)

Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or a bulkhead.

(b)

Permit required. Except as provided in subsection (a) of this section, a permit is required:

(1)

For any filling or grading of any area which is within 300 feet landward of the ordinary highwater mark of navigable water and which has surface drainage toward the water and on which there is either:

a.

Any filling or grading on slopes of more than 20 percent.

b.

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

c.

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

(2)

For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet landward of the ordinary highwater mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.

(c)

Permit conditions. In granting a permit under subsection (b) of this section, the county shall attach the following conditions, where appropriate.

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.

(3)

Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(4)

Lagoons shall be constructed to avoid fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(7)

Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter which shall be promptly vegetated, unless bulkheads or riprap are provided.

(Code 2000, § 38-597; Res. No. 72-16, 9-20-2016)