Chapter 22D.050 CLEARING, GRADING, FILLING, AND EROSION CONTROL

A clearing and grading permit is required for a project involving any of the following, except as provided for in subsection (2) of this section. In applying this section, the total proposal must be considered.

Any clearing, filling, or excavation in an environmentally sensitive area or regulated buffer.

Fill and/or excavation totaling 50 cubic yards. Quantities of fill and excavation are separately calculated and then added together, even if excavated material is used as fill on the same site.

Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes disturbance of over 1,000 square feet at grade due to felling or topping of trees.

The following activities are exempt from the requirements for a clearing and grading permit:

Agricultural management of existing farmed areas.

Routine landscape maintenance of existing landscaped areas on developed lots and other activities associated with maintaining an already established landscape. For lots developed prior to the adoption of sensitive area regulations with landscaping in what are now protected areas, routine landscaping maintenance can occur without a clearing and grading permit, provided the soil level is not increased.

Work needed to correct an immediate danger to life or property in an emergency situation as declared by the mayor or the city administrator or his/her designee.

Cemetery graves.

Work, when approved by the city engineer, in an isolated self-contained area, if there is no danger to public or private property.

The clearing and grading permit shall be issued by the engineering department and shall be effective for one year but may, with cause shown, be extended for an additional one-year period. The fee schedule for the review of plans is contained in MMC § 14.07.005.

In addition to satisfying all requirements of Chapters 14.15, 14.16 and 14.17 MMC, permittees shall comply with the following conditions, which shall apply to all grading permits:

Notify the city 48 hours before commencing any land-disturbing activity.

Notify the city of completion of any control measures within 48 hours after their completion.

Obtain permission in writing from the city prior to modifying any of the plans.

Install all control measures as identified in the approved plans.

Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the plans.

Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.

Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.

Allow the city to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.

Keep an up-to-date, approved copy of the plans on the site.

(j)

Ensure that all workmanship and materials are in accordance with city of Marysville standards and the most current edition of the State of Washington Standard Specifications for Road, Bridge and Municipal Construction.

Construction within environmentally sensitive areas shall be in compliance with Chapter 22E.010 MMC and shall be subject to the review of the community development director or designee.

(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3277 § 7 (Exh. 7), 2023)

§ 22D.050.025 Forest practices.

The purpose of this section is to assume regulatory authority from the Washington Department of Natural Resources over certain forest practices as permitted by Washington State law and pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC. This section ensures that the forest practices described in the following subsections occur in compliance with the Marysville comprehensive plan, the Marysville shoreline master program and the regulations of this title.

The definitions contained in RCW 76.09.020 of the Forest Practices Act and in WAC 222-16-010 and 222-16-050 of the Forest Practices Act's implementing regulations shall apply to all terms used in this section; provided, that the definitions contained in MMC Title 22A shall be applicable where not in conflict with the above-referenced Forest Practices Act and the Forest Practices Act's implementing regulations. In the event of any conflict between the definitions, the definitions in Chapter 222-16 WAC shall prevail.

This section shall apply to Class IV – General and special forest practices as defined by WAC 222-16-050 for the purpose of conversion to nonforestry use.

The following activities are exempt from the requirements of this section when located outside of critical areas and their buffers:

Class I, II, and III forest practices regulated exclusively by the Washington State Department of Natural Resources pursuant to Chapter 76.09 RCW;

The removal of less than 5,000 board feet (about one log truck load) of timber (including live, dead, and down material) for personal use in any 12-month period (includes firewood, fence posts, etc.);

The removal of trees which have been grown to be sold as Christmas trees or used in landscaping such as trees sold by commercial nurseries;

The abatement of an emergency, such as the removal of trees necessary to protect the safety of persons or property from clear and imminent danger;

Landscape maintenance or pruning which does not impair the health or survival of trees required to be retained or planted pursuant to this section; and

The removal of trees in the public right-of-way as required by the city engineer for the purpose of public safety or for the maintenance of existing public roads and existing facilities, consistent with Chapter 76.09 RCW.

A Class IV – General forest practices permit shall follow the procedures established in MMC § 22G.010.160, Administrative approvals subject to notice, process and be required for those forest practices described in WAC 222-16-050(1) and (2). A forest practices application shall include the following submittal items:

A completed State Environmental Policy Act checklist;

Written verification from the Washington State Department of Natural Resources that the subject site is not and has not been subject to a notice of conversion to nonforestry use under RCW 76.09.090 during the six-year period prior to submission of the permit application;

A title report as proof that the parcel is not currently subject to a six-year development moratorium. If the property is subject to a six-year development moratorium, the application will not be accepted until the end of the moratorium or until the moratorium has been lifted;

A narrative of the project that describes the existing site conditions and development goals of the proposed work by including:

Specific work to be accomplished;

A time schedule for land clearing activities;

(iii)

Type of equipment to be used;

(iv)

Measures proposed to protect the site and adjacent properties from potential adverse impacts; and

(v)

The estimated quantities/area of work involved.

A critical areas report identifying wetlands, streams and their associated buffers, if applicable;

A drainage and stormwater report, if applicable;

A geotechnical and soils report, if applicable;

A site plan of the subject property that meets the requirements of MMC § 22G.120.060(3);

Any other materials required by the community development director; and

(j)

Application fee as established in Chapter 22G.030 MMC.

(6)

To improve the administration of the forest excise tax created by Chapter 84.33 RCW, the city will report permit information to the Department of Revenue for all approved forest practices permits no later than 60 days after the date the permit was approved. Such notification shall include the following information:

Landowner's legal name, address, and telephone number;

Decision date of permit; and

Parcel number and legal description (section, township, and range) of the subject site.

(7)

The hearing examiner may consider the removal of a six-year development moratorium established pursuant to Chapter 76.09 RCW when the applicant strictly meets the following requirements:

Any property owner subject to a moratorium may request a release from the six-year moratorium by filing an application with the community development department for a hearing before the hearing examiner.

Following such request, the community development department shall set a date for an open record public hearing pursuant to the requirements of Chapter 22G.010 MMC for permits before the hearing examiner.

The hearing examiner shall consider the removal of a development moratorium established pursuant to this section when the following criteria are strictly met:

The proponent submits an application for removal of the moratorium; and

The proponent proposes corrective actions to bring the violation into compliance with this section and mitigate any existing damage through the submittal of a reforestation plan or mitigation plan, prepared by a qualified professional consistent with Chapter 22E.010 MMC.

Hearing Examiner Authority.

The hearing examiner shall review requests for removal of a development moratorium, any comments received, and applicable city regulations or policies and may inspect the property before rendering a decision.

The hearing examiner may approve the request to remove a development moratorium, approve the request with conditions, require modification of the proposal to strictly comply with specified requirements or local conditions, or deny the request if it fails to comply with requirements of this section.

Required Written Findings and Determinations. The hearing examiner will address the following items as written findings and determinations before issuing a decision:

The removal of the six-year development moratorium will not be detrimental to public health, safety, and general welfare.

The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to the proposal.

(iii)

The removal of the six-year development moratorium will not result in significant adverse environmental impacts.

(iv)

The removal of the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of this section and other applicable municipal codes.

(Ord. 3348 § 1 (Exh. A), 2025)

§ 22D.050.030 Minimum standards.

Siltation and Erosion Control. Siltation and erosion control shall occur and be performed in accordance with Chapter 14.15 MMC.

Grading. The following are the minimum standards for grading unless otherwise modified by an approved grading plan:

Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.

Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.

Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a watercourse.

Groundcover and tree disturbance shall be minimized.

Grading operations shall be conducted so as to expose the smallest practical area to erosion for the least possible time.

Grading shall not divert existing watercourses.

The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable in areas not intended for building pads, access ways or other impervious surfaces.

Cuts and Fills. The following are the minimum standards for cutting and filling slopes; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:

Cut slopes shall be no steeper than is safe for the intended use. Cut slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are to be installed.

Filling should only occur where the ground surface has been prepared by removal of vegetation and other unsuitable materials or preparation of steps where natural slopes are steeper than five to one (5:1). Fill slopes should not be constructed on natural slopes greater than two to one (2:1).

Fill slopes shall be no steeper than is safe for the intended use. Fill slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are engineered and installed.

Steeper cuts/fills may be permitted if supported by an approved soils/geological report; provided, that for residential development, the proposed steeper cuts/fills must comply with the design standards outlined in subsection (4) of this section.

Cut and fill slopes shall not encroach upon adjoining property without written approval of the adjacent owner.

Cut and fill slopes shall be provided with subsurface and surface drainage provisions to approved discharge locations as necessary to retain the slope.

The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other methods shall be employed where necessary to control erosion and provide safety. The erosion control measures shall be initiated or installed as soon as possible and shall be maintained by the owner.

Fill materials used as a structural fill shall be compacted in accordance with the requirements applicable to the future use.

Design Criteria. The following are the minimum design standards for cutting and filling slopes for residential development; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:

The aesthetic and spatial impact of altered grades on adjacent properties both public and private shall be considered in site design.

Sites shall be developed to promote continuity and to minimize abrupt grade changes between sites.

Grading shall be the minimum necessary to make installation and function of infrastructure feasible and economic for future service extensions to adjacent properties.

The developer shall consider the natural topography and the proposed layout of the subdivision when siting roads in order to anticipate grading needs and minimize extensive grading in order to build.

If retaining walls taller than four feet are used, as measured from the average grade, and are visible from the street or adjacent property, they shall be terraced so that no individual segment is taller than four feet; provided, that where adjacent properties are not adversely affected or the retaining wall is minor in nature, the community development director may reduce or waive these standards. Terraced walls shall be separated by a landscaping bed at least two feet in width. Alternative landscaping treatments will be considered, provided they reduce the bulk and scale of the retaining wall and enhance the streetscape or transition between properties.

Figure 1. Tall retaining walls must be terraced with landscaping as depicted below.

§ 22D.050.040 Temporary erosion and sediment control plan.

Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except as otherwise allowed by applicable laws and permits.

(6)

Clean-Up. Persons and/or firms engaged in clearing, grading, filling, or drainage activities shall be responsible for the maintenance of work areas free of debris or other material that may cause damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.

(7)

Dust Suppression. Dust from clearing, grading and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited.

(Ord. 2852 § 10 (Exh. A), 2011)

Temporary erosion and sediment control shall be in accordance with the requirements contained in Chapter 14.15 MMC in a small parcel or large parcel erosion and sediment control plan.

(Ord. 2852 § 10 (Exh. A), 2011)

§ 22D.050.050 Temporary restrictions on clearing and grading.

In the areas listed below, clearing and grading may be permitted to continue or to be initiated during the rainy season only if the director grants specific approval per subsection (3) of this section. The rainy season is defined as October 1st through April 30th, unless the director modifies these dates based on weather patterns and forecasts. In determining whether to permit rainy season construction, the director shall consult with the public works department. Such consultation shall occur on a regular basis to ensure consistent implementation of the city's environmental policies and shall occur as needed regarding individual projects on specific sites.

Developments within the Quilceda/Allen Creek watershed occurring on the Getchell hillsides within Planning Area No. 4: East Sunnyside/Whiskey Ridge, and Planning Area No. 5: Cedarcrest/Getchell Hill. The planning area boundaries are defined by the Marysville comprehensive plan.

If clearing and grading are prohibited during the rainy season, building construction can nonetheless proceed as long as necessary clearing and grading are complete and effective erosion control is in place and effectively maintained.

The director shall grant approval to initiate or continue clearing or grading activity in the areas listed in subsection (1) of this section during the rainy season only if, based on an evaluation of site and project conditions, the director determines the proposal ensures slope stability and adequately protects receiving waters from increased erosion and sedimentation during construction. The evaluation of site and project conditions shall include, but not be limited to, an evaluation of the following:

Whether the clearing and grading are near completion if the project is already underway;

Average existing slope of the site;

Quantity of proposed cut and/or fill;

Classification of the predominant soils and their erosion and runoff potential;

Proposed deep utility installation;

Hydraulic connection of the site to features that are sensitive to the impacts of erosion/sedimentation;

Ability to phase clearing and grading and to create a feasible clearing and grading schedule;

Extent of clearing and grading BMPs proposed, and if the project is underway, the project's track record at controlling erosion and sedimentation.

Determinations under subsection (3) of this section shall be made by the director on a site-specific basis. However:

Rainy season construction generally will be prohibited for proposals requiring large-scale clearing and grading.

Rainy season construction generally will be approved for smaller-scale clearing and grading proposals that have limited, shallow utility installation and are on sites with less than 15 percent slopes, predominant soils that have low runoff potential, and are not hydraulically connected to sediment-/erosion-sensitive features.

Rainy season construction will be approved if extraordinary BMPs to control erosion/sedimentation and slope stability are proposed when:

Moderate scale clearing and grading are proposed;

The proposal involves deep utility installation; or

(iii)

The proposal is located on sites with greater than 15 percent slopes, soils with a high runoff potential, or sites hydraulically near a sediment-/erosion-sensitive feature.

Whenever rainy season clearing and grading are allowed, the applicant may be required to implement extraordinary BMPs if the BMPs that are initially implemented are not working. If the permit was issued in the dry season, and work is allowed to continue in the rainy season, the city may modify the previously issued permit to require additional, extraordinary BMPs. Extraordinary BMPs may include, but not be limited to:

Performance monitoring to determine compliance with state water quality standards, or more stringent standards if adopted by the city.

Funding additional city inspection time, up to a full-time inspector.

Shutting down work if necessary to control erosion and sedimentation.

Construction of additional siltation/sedimentation ponds.

Use of a series of temporary filter vaults.

Use of high quality catch basin inserts to filter runoff.

§ 22D.050.060 Maintenance and security.

Use of erosion control blankets, nets, or mats in addition to or in conjunction with straw mulch.

(6)

If a clearing and grading permit is issued, and the city subsequently issues three stop work orders or correction notices for insufficient erosion and sedimentation control, the permit will be suspended until the dry season, or, if violations occurred in the dry season, until weather conditions are favorable and effective erosion and sedimentation control is in place.

(7)

The director has the authority to temporarily stop clearing and grading during periods of heavy rain.

(8)

When clearing and grading are suspended during the rainy season or interrupted at any time of the year due to heavy rain or for other reasons, the permittee shall stabilize the site and maintain the erosion control BMPs.

(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3218 § 4 (Exh. D), 2022)

A maintenance schedule of constructed private facilities shall be developed for the life of any facilities and measures implemented pursuant to these standards and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This schedule shall be included with all required plans and permits.

The city engineer may require the applicant to furnish security for maintenance in accordance with the provisions of Chapter 22G.040 MMC.

(Ord. 2852 § 10 (Exh. A), 2011)

§ 22D.050.070 Inspections.

Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the city's engineering construction inspector to coordinate the project.

All projects which include clearing, grading, filling or drainage shall be subject to inspection by the city engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the city engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife.

Each site that has an approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the city at the following stages:

Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;

During the construction of sediment basins or storm water management structures;

During rough grading, including hauling of imported or wasted materials;

Prior to the removal or modification of any sediment control measure or facility; and

Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit.

The permittee may secure the services of an engineer, subject to the approval of the city engineer, to inspect the construction of the facilities and provide the city with a fully documented certification that all construction is done in accordance with the provisions of an approved grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions and specifications. If inspection certification is provided by the city, the permit may be waived. In these cases the city shall be notified at the required inspection points and may make spot inspections. The engineer shall use the "Engineer's Construction Inspection Report" form for certification of the construction or other similar form approved by the city engineer.

(Ord. 2852 § 10 (Exh. A), 2011)

§ 22D.050.080 Completion of the work.

Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted in writing to and approved by the city engineer in advance of the construction of those changes.

Final Reports. Upon completion of the rough grading and at the final completion of the work, the city engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the city engineer:

An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.

A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.