18S.30.040 Excavation, Dredging, Filling, and Grading.
The intent of the Excavation, Dredging, Filling, and/or Grading policies and regulations is to provide direction for shoreline excavation, dredging, filling, and/or grading associated with a principal use. This Section may contain more restrictive regulations that limit or effectively preclude a use or development that is authorized pursuant to another Section(s) and this Section shall control in the event of a conflict.
A. Applicability. The policies and regulations of this Section shall apply to all development for proposals that include excavation, dredging, filling or grading, within all shoreline environment designations.
B. Policies.
1. Prohibit fill waterward of the ordinary high water mark (OHWM) except for restoration projects, mitigation actions, beach nourishment or enhancement projects, or when necessary to support a water dependent use, public access, cleanup of contaminated sediments, or alteration of a transportation facility of statewide significance.
2. Locate and design new development to avoid the need for fill. When fill is deemed necessary, its use should be minimized and environmental impacts mitigated.
3. Evaluate fill projects for:
a. Total water surface reduction;
b. Navigation restriction;
c. Impediment to water flow, circulation, and currents;
d. Reduction of water quality;
e. Destruction of habitat and natural resources systems; and
f. Creation of hazard to the public and adjacent properties.
4. Locate and design new development to avoid or minimize the need for maintenance dredging.
5. Allow dredging only for water-dependent uses and only to the extent necessary to support those uses.
6. Allow dredging for the purpose of establishing, expanding, relocating, or reconfiguring navigation channels and basins to ensure safe and efficient accommodation of existing navigational uses.
7. Restrict maintenance dredging of established navigation channels and basins to the minimum necessary, and limit such dredging to the historic or a previously dredged location, depth, and width.
8. Encourage the recycling of clean, drained, dredged material, for uses that benefit shoreline resources, and agricultural, forest land, and landscaping uses.
9. Prohibit dredging waterward of the OHWM for the purpose of obtaining fill material.
10. Pierce County is concerned about potential for impacts to the environment from discharging dredged materials in Pierce County marine waters within the Nisqually Reach Aquatic Reserve. The County encourages citizen participation and engagement in the oversight of dredged material disposal through the Nisqually Reach Aquatic Reserve Implementation Committee and the Anderson Island Citizens Advisory Board (AICAB). The County shall work with DNR Aquatic Reserve Program staff to seek feedback from the Implementation Committee and the AICAB on Shoreline Conditional Use Permit applications related to dredge disposal within Reserve boundaries.
C. Regulations. These regulations are in addition to those in Title 17A PCC, Construction and Infrastructure Regulations – Site Development and Stormwater Drainage, Pierce County Stormwater Management and Site Development Manual.
1. The following activities are prohibited:
a. Filling in locations that will cut off or isolate hydrologic features, except as allowed pursuant to PCC 18S.40.060, Flood Hazard Management;
b. Solid waste landfills; and
c. Dredging for the purpose of obtaining fill material, except for projects associated with Model Toxics Control Act (MTCA) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) habitat restoration, or any other significant restoration effort project approved by a Conditional Use Permit.
2. Filling waterward of the OHWM is prohibited for the purpose of creating upland, but may be allowed when necessary to support:
a. Water-dependent uses;
b. Public access;
c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
d. Disposal of dredged material considered suitable under, and conducted in accordance with, the dredged material management program of the Washington State Department of Natural Resources (DNR);
e. 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;
f. Mitigation action, environmental restoration, beach nourishment, or enhancement project; or
g. Public utility projects approved in accordance with an adopted transportation or utility plan or program.
3. Excavation, dredging, filling, and/or grading shall not occur without an authorized principal use or development.
4. Excavation, dredging, filling, and/or grading shall be limited to the minimum amount necessary for the specific use or development proposed.
5. Activities waterward of the OHWM shall only be allowed after the proponent has demonstrated that alternative locations and designs have been considered and found to be infeasible, and the dump site or destination and staging area for dredged material has been provided.
6. Excavation, dredging, filling, and/or grading shall not unnecessarily impact natural processes such as water flow, circulation, currents, channel migration, erosion, sediment transport, and floodwater storage, and shall not cut off or isolate hydrologic features.
7. Dredging material, if suitable, should be utilized for beneficial shoreline resources.
8. Stabilization measures should be designed to blend physically and visually with existing topography.
9. New development shall be located and designed to avoid or minimize the need for maintenance dredging.