Filling, grading, lagooning, dredging, ditching, and excavating may be permitted only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty. Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under §
242-28 may be allowed in the shoreland area, provided that:
A. It is done in a manner designed to minimize erosion, sedimentation,
and impairment of fish and wildlife habitat.
B. Filling, grading, lagooning, dredging, ditching, and excavating in a shoreland-wetland district meets the requirements of §§
242-14B and
242-14C of this chapter.
C. All applicable federal, state, and local authority is obtained.
D. Any fill placed in the shoreland area is protected against erosion
by the use of riprap, vegetative cover, or a bulkhead.
Except as provided in §
242-29, a land use permit is required:
A. For any filling or grading of any area which is within 300 feet landward
of the OHWM of navigable water and the existing or resultant slope
is toward the water if:
(1) Any filling or grading on slopes of more than 20%.
(2) Filling or grading of more than 1,000 square feet on slopes of 12%
to 20%.
(3) Filling or grading of more than 2,000 square feet on slopes less
than 12%.
B. 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 OHWM of a navigable body of water or where
the purpose is the ultimate connection with a navigable body of water.
In granting a permit under §
242-28, the County shall attach the following conditions:
A. The smallest amount of bare ground shall be exposed for as short
a time as feasible.
B. Temporary ground cover (such as mulch or jute netting) shall be used,
and permanent vegetative cover shall be established.
C. Diversion berms or bales, silting basins, terraces, filter fabric
fencing, and other methods shall be used to prevent erosion.
D. Lagoons shall be constructed to avoid fish trap conditions.
E. Fill shall be stabilized according to accepted engineering standards.
F. Filling shall comply with any local floodplain zoning ordinance and
shall not restrict a floodway or destroy the flood storage capacity
of a floodplain.
G. 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.