A. 
The purpose of this chapter is to safeguard and protect the property and public welfare of the residents of the Bristol Bay Borough by the regulation of clearing, grading, excavation, filling, and all earthwork construction within the borough. No person shall modify or change the surface of any land by grading, excavating, or the removal or disturbance of the natural topsoil, trees, or other vegetative covering without first having obtained a clearing and grading permit from the borough.
B. 
Whenever the borough determines that the act or intended act of clearing, grading, excavation or fill has become or will constitute a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel or natural watercourse, including siltation, sedimentation, or erosion, the owner of the property upon which the clearing, excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the borough shall terminate such clearing, the development plans, or modify the plans, as may be required so as to eliminate the hazard and be in conformance with the requirements of this chapter.
C. 
Restoration of the project site to its original condition may be required to eliminate potential or continuing health hazards, nuisances, or the degradation or important fish habitats.
D. 
The intent of this chapter is to control large scale development and construction of any size which may be detrimental to the environment and create erosion, or adversely affect adjacent property.
E. 
Simple construction where excavation is necessary to conduct a single-family residence except in critical habitat areas adjacent to the Naknek River System, important streams, lakes or wetlands as identified by the Alaska Department of Fish and Game, Alaska Department of Environmental Conservation, and the U.S. Army Corps of Engineers will not be subject to this chapter.
(Ord. 84-13 § 1, 1984)
Any subdivider, or land developer who intends to excavate, clear or disturb the natural terrain of the land area in excess of one thousand square feet or an aggregate total of one-quarter acre or more must have a clearing and grading permit.
(Ord. 84-13 § 2, 1984)
A. 
An application for a clearing and grading permit may be obtained at the borough department of community development office.
B. 
Permits will be issued based on the type, extent, and the area of the construction. Noncritical areas, or limited excavation, fill, grading, or earthwork can be permitted by the director of community development based upon an inspection of the area and the builders assurance that there will be no detrimental effects to the immediate area or adjoining property.
C. 
Areas located within critical habitat areas such as the Naknek River, important streams, lakes or wetlands as identified by the Alaska Department of Fish and Game, the Department of Environmental Conservation, or the Army Corps of Engineers will require a more comprehensive plan and subject to a formal review by the borough planning and zoning commission. The following information will be required on a planning and zoning commission review.
D. 
Plans shall be drawn to a scale of not more than one inch equals one hundred feet upon reproducible media and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they conform to the provisions of this chapter. The plans shall include the following information:
1. 
The first sheet of each set of plans shall give:
a. 
The legal description of the property;
b. 
The names, addresses and phone numbers of the owners of the land and the person ordering the work to be performed;
c. 
The total clearing to be performed acres;
d. 
The total impervious surface to be created in acres;
e. 
The estimated total amount of excavation to be performed in cubic yards;
f. 
The estimated total amount of fill to be performed in cubic yards;
g. 
The name, address, phone and seal of any professional preparing the plans;
h. 
A general vicinity map to scale showing the site and all streets within five hundred feet, together with the names, addresses, and locations of all abutting landowners, as shown by Bristol Bay Borough records;
i. 
Location of all existing drainage facilities which transport surface water onto, across, or from the site including: natural watercourses, artificial channels, drainpipe or culverts;
j. 
Delineation and description of the vegetation ground cover;
k. 
Classification of the upper thirty-six inches of soil mantle together with an estimation of the erosional and percolative properties of the soil, before, during and after construction;
l. 
Wetlands: lands extending landward for two hundred feet in all directions from the ordinary high water mark of a stream or lake, as measured on a horizontal plane; and all marshes; bogs, swamps, floodways, creek deltas and floodplains associated with the streams flowing in the watercourse within the area.
2. 
Restoration and revegation plan:
a. 
Plan for revegetation in case of large scale excavation such as the development of gravel resources, or land clearance;
b. 
Restoration of lands cleared and not used for a planned development;
c. 
Steps to prevent or eliminate erosion, siltation, sedimentation, and other contamination to natural water bodies, and protection of adjacent property.
(Ord. 84-13 § 4, 1984)
A. 
Approval and the issuance of a clearing and grading permit will be based on the consistency of the project with local land use policies, ordinances, and satisfactory compliance with the Bristol Bay Borough Coastal Zone Management Plan, U.S. Army Corps of Engineers 401 and 404 requirements, State Department of Natural Resources, the Alaska Department of Fish and Game and the Alaska Department of Environmental Conservation.
B. 
The planning and zoning commission may request concurrence of the borough assembly or the applicant may appeal a decision by the planning and zoning to the borough assembly.
(Ord. 84-13 § 5, 1984)
Failure to comply with this chapter is punishable by the fine established in Section 1.04.090 of this code and applicable state or federal laws.
(Ord. 84-13 § 6, 1984; Ord. 2026-03, 2/2/2026)