13.11.070 Fill.
A. Fill waterward of the OHWM, except fill to support ecological restoration, requires a conditional use permit and may be permitted only when:
1. In conjunction with water-dependent or public access uses allowed by this SMP;
2. In conjunction with a levee, bridge, navigational structure, 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;
3. In conjunction with implementation of an interagency environmental clean-up plan to clean up and dispose of contaminated sediments; or
4. In conjunction with any other environmental restoration or enhancement project.
B. Waterward of the OHWM, pile or concrete 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 concrete pier supports are proven not feasible.
C. Fill upland and waterward of the ordinary high water mark shall be permitted only where it is demonstrated that the proposed action will not:
1. Result in significant ecological damage to water quality, fish, and/or wildlife habitat; or
2. Adversely alter natural drainage and circulation patterns, currents, river flows or significantly reduce flood water capacities;
3. Alter channel migration, geomorphic, or hydrologic processes;
4. Significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.
D. Fills are allowed in floodplains outside of the floodway only where they would not alter the hydrologic characteristics, 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 BMC 13.13.040, Frequently flooded areas.
E. Fills are prohibited in the floodway, except when approved by conditional use permit and where required in conjunction with uses allowed by this SMP.
F. Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the fill.
G. Fill shall be “clean” and free of contaminants pursuant to Chapters 173-204 and 173-340 WAC or fill shall be obtained from a Washington State Department of Ecology approved site. (Ord. 2112 § 3 (Exh. C), 2013).