30.67.535 Fill.
(1) The following general regulations apply to fill within shorelines:
(a) Fill is permitted only when used as preparation for a use or modification otherwise permitted by this SMP, except that fill is only allowed in the 100-year floodplain for the purpose of flood-proofing a structure or as part of an ecological restoration or enhancement project.
(b) When allowed under subsection (1)(a) of this section, use of fill is subject to the following conditions:
(i) Uses and modifications shall be located and designed to minimize the amount and extent of fill necessary to accommodate the use. For example, projects should be designed with pile-supported piers, rather than piers constructed with fill;
(ii) The perimeter of all fills shall be provided with some means to control erosion. Nonstructural methods such as vegetation and soil bioengineering shall be used unless infeasible;
(iii) The source and content of fill materials to be used shall be approved by the department prior to deposition. Neither organic materials nor fill materials identified as solid waste pursuant to SCC 7.35.020(37) shall be deposited waterward of the ordinary high water mark;
(iv) Fills shall not interfere with normal public use of the waters of the state; and
(v) Dredge spoil disposal used as fill shall comply with SCC 30.67.530.
(2) In addition to the general regulations contained in subsection (1) of this section, the following shoreline environment designation-specific regulations for fill apply:
(a) Fill is permitted in the Urban, Rural Conservancy, Resource and Municipal Watershed Utility environments.
(b) Fill is permitted in the Urban Conservancy and Natural environments when in conjunction with an ecological restoration or enhancement project. Otherwise, fill in the Urban Conservancy and Natural environments is conditionally permitted.
(c) Fill is permitted in the Aquatic environment when in conjunction with an ecological restoration or enhancement project. Otherwise, fill in the Aquatic environment is conditionally permitted and shall be consistent with the following:
(i) Fill waterward of the ordinary high water mark shall not contain organic materials or materials identified as solid waste pursuant to SCC 7.35.020(37). The source and content of fill materials to be used waterward of the ordinary high water mark shall be approved by the department prior to deposition; and
(ii) Fill waterward of the ordinary high water mark shall only be allowed when necessary to support:
(A) A water-dependent use with no feasible alternative to fill;
(B) A transportation facility of statewide significance, an essential public facility or utility, or a navigational structure with no feasible alternative to fill;
(C) The cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; or
(D) The creation or enhancement of public access. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Ord. 15-005, Mar. 18, 2015, Eff date Apr. 2, 2015).