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(1) Fill and excavation waterward of the OHWM, except to support ecological restoration, requires a special use permit and may be permitted only when:

(a) In conjunction with water-dependent or public access uses allowed by this SMP;

(b) In conjunction with a bridge, levee, or transportation facility of statewide significance, for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist;

(c) In conjunction with implementation of an interagency environmental cleanup plan to clean up and dispose of contaminated sediments;

(d) Disposal of dredged material considered suitable under, and conducted in accordance with, the Washington State Dredged Material Management Program; or

(e) In conjunction with any other environmental restoration or enhancement project.

(2) Waterward of the OHWM, pile or pier supports shall be utilized whenever feasible in preference to fills. Fills for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven not feasible.

(3) Fill upland and waterward of the OHWM, including in nonwatered side channels, shall be permitted only where it is demonstrated that the proposed action will not:

(a) Result in significant ecological damage to water quality, fish, and/or wildlife habitat;

(b) Adversely alter natural drainage and circulation patterns, currents, or river flows, or significantly reduce flood water capacities;

(c) Alter geomorphic or hydrologic processes; and

(d) Significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.

(4) Fills are prohibited in the floodway, except when approved by special use permit and where required in conjunction with uses allowed by this SMP.

(5) Fills are allowed in floodplains outside of the floodway only where they would not alter the hydrologic characteristics or flood storage capacity, or inhibit channel migration that would, in turn, increase flood hazard or other damage to life or property and are consistent with FEMA standards and Chapter 24.20 PMC, Provisions for Flood Hazard Protection, and PMC 29.25.060, Flood hazard areas.

(6) Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the fill.

(7) Excavation waterward of the OHWM or within wetlands shall be considered dredging for purposes of this SMP.

(8) Fills or excavation shall not be located where shore stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable.

(9) Fills, beach development or nourishment, and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use, including lawful access and enjoyment of scenery. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.360.]