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(1) Any development activity, action requiring a project permit or clearing occurring in an erosion or landslide hazard area:

(a) Shall be designed to:

(i) Comply with the requirements in an approved geotechnical report when required pursuant to SCC 30.62B.140;

(ii) Utilize best management practices (BMPs) adopted by the department pursuant to chapter 30.63A SCC and all known and available reasonable technology (AKART) appropriate for compliance with this chapter;

(iii) Prevent collection, concentration or discharge of stormwater or groundwater within an erosion or landslide hazard area, except as otherwise provided in this chapter;

(iv) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or landslide hazards; and

(b) Shall not:

(i) result in increased risk of property damage, death or injury;

(ii) cause or increase erosion or landslide hazard risk;

(iii) increase surface water discharge, sedimentation, slope instability, erosion or landslide potential to adjacent or downstream and down-drift properties beyond pre-development conditions; or

(iv) adversely impact wetlands, fish and wildlife habitat conservation areas or their buffers.

(2) For shoreline and bank stabilization and flood protection measures proposed in erosion or landslide hazard areas, the project proponent shall make all reasonable efforts to avoid and minimize impacts to wetlands and fish and wildlife habitat conservation areas and their buffers pursuant to the requirements of chapters 30.62A and 30.67 SCC, in the following sequential order of preference:

(a) Utilize setbacks sufficient to ensure that shoreline stabilization or flood hazard reduction measures will not be necessary to protect development for its projected design life, or;

(b) When sufficient setbacks are not possible, utilize other non-structural measures unless the applicant demonstrates through a geotechnical report required pursuant to SCC 30.62B.120 that new or enlarged structural stabilization or flood protection is necessary to protect:

(i) existing primary structures, water dependent structures and facilities, utilities, roads and bridges;

(ii) new utilities or public bridges and transportation structures allowed pursuant to SCC 30.62B.330(3);

(iii) agricultural land; or

(iv) projects where the sole purpose is to protect or restore wetlands, fish and wildlife habitat conservation areas or their buffers.

(3) Development or redevelopment in public parks or portions of public parks in channel migration zones after March 26, 2019, shall not include shoreline and bank stabilization and flood protection measures. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015; Amended by Ord. 19-022, June 26, 2019, Eff date July 8, 2019).