17.150.046 Landfill | Stanwood Municipal Code

(1) The creation of dry upland area by the filling or depositing of sand, soil or gravel into a wetland or floodplain area above the OHWM shall be allowed only when necessary to support:

(a) Water-dependent use, public access;

(b) Cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;

(c) Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible;

(d) Within a floodplain as part of floodproofing in accordance with Chapter 17.120 SMC.

(2) Structures or fills shall not be permitted if they restrict the passage of flood flows or increase flood heights or velocities to an extent which would cause significant flood damage to existing development. Structures and fills that do not create the above conditions may be permitted in the floodplain provided they are floodproofed to ensure the safety of the structure and inhabitants during a flood.

(3) Fills waterward of the ordinary high water mark for any use except ecological restoration shall require a conditional use permit. (WAC 173-26-231(3)(c))

(4) Beach enhancement is prohibited:

(a) Within spawning, nesting or breeding habitat;

(b) Where littoral drift of the enhancement materials will adversely affect adjacent spawning grounds or other areas of biological significance;

(c) If it will interfere with the normal long-term public use of the navigable waters of the state; and/or

(d) Where the activity is in support of a nonconforming use unless such activities are necessary to maintain shoreline stability and the natural ecology.

(5) Applications which include landfilling shall include the following information:

(a) Physical, chemical and biological character of landfill material;

(b) Source of landfill material;

(c) Method of placement and compaction;

(d) Type of proposed surfacing;

(e) Method of perimeter erosion control;

(f) Proposed use of filled area;

(g) Plans showing the locations of the OHWM and wetlands, as determined in the field, with applicable buffers. (Ord. 1373 § 46, 2014).