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<br /> <br /> <br /> Created: 2025-05-22 16:40:52 [EST] <br />(Supp. No. 36) <br /> <br />Page 100 of 198 <br />(Prior Code, § 1175-115.1) <br />Sec. 90-178. Excavations, fill, and grading. <br />(a) The excavation, fill, or grading of property is allowed only if it is accessory to a permitted or conditional use <br />of the property. <br />(b) Where any grading, filling, or excavation impacts a state- or federally protected wetland, a copy of a valid <br />permit from the appropriate regulatory body for such work shall be filed with the building official prior to the <br />issuance of any permit for excavation, grading, or fill. <br />(c) Any alterations below the ordinary high-water level of public waters require the written approval of the <br />commissioner of the state department of natural resources, or the commissioner's authorized agent. <br />(d) Excavations intended to connect water-oriented activities, such as boat slips, canals, lagoons, and harbors, <br />require approval of the commissioner of the state department of natural resources, or the commissioner's <br />authorized agent. <br />(e) No excavation or fill shall be performed in any public drainageway, nor in such a manner so as to obstruct or <br />divert public drainageways without permit by the city council and the appropriate watershed organization. <br />(f) No excavation or fill shall be performed in any public right-of-way without approval of the city engineer or <br />maintenance supervisor. <br />(g) No excavation or fill is permitted in the city's floodplain district, except in accordance with section 90-138. Fill <br />placed in the floodplain district shall be properly compacted with side slopes not exceeding one-foot vertical <br />elevation for each three feet of the slope measured horizontally. Slopes shall be protected by the use of <br />riprap, vegetative cover, or other method approved by the city engineer. <br />(h) Placement of fill in excess of 1,000 cubic yards on any lot or parcel in the floodplain district requires <br />stabilization for a minimum 100-year flood. Plans for the placement of such fill must be prepared by a <br />registered professional engineer and approved by the city engineer. <br />(i) A permit from the city building official or city engineer is required prior to undertaking any excavation, fill, or <br />grading that meets one or more of the following thresholds. A permit is not required for horticultural, <br />agricultural, or gardening activities related to crop or plant production, but does pertain to logging activities. <br />(1) The movement of ten cubic yards of material on steep slopes or within bluff impact areas. <br />(2) The movement of five cubic yards of material within shoreland areas. <br />(3) All movement of material within protected wetlands. <br />(4) All movement of materials within public waters, drainageways, and rights-of-way. <br />(5) All movement of materials within the floodplain. <br />(6) All subdivisions and plat development. <br />(j) Grading permits may be issued by the city building official for land development activities following approval <br />of the preliminary plat or site plan by the city council, and approval of the grading plan by the city engineer. <br />Issuance of an excavation, fill, or grading permit does not represent approval of a final plat, site plan, or <br />other required permit or approval of the city, and all grading permits are subject to amendment based on <br />future approvals or permits. <br />(k) All excavation, fill, and grading permits shall be made subject to an erosion control plan in accordance with <br />section 90-173.