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(1) A clearing and grading permit is required for all clearing and grading activities, unless the activity is exempt as follows:

(a) An on-site excavation for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation;

(b) Routine landscape maintenance or installation of landscaping improvements involving not more than 50 cubic yards in total of excavation and fill on a single parcel of property within a 12-month period; provided, that topsoil up to a depth of six inches, regardless of quantity, may be placed on single-family residential properties without requiring a permit, provided this activity is not conducted within a critical area or associated buffer;

(c) Maintenance of existing driveways or private access roads within their existing road prisms;

(d) Any clearing or grading within a publicly owned road right-of-way or easement, for which a right-of-way use permit has been granted by the City;

(e) Clearing or grading by a public agency for the following routine maintenance activities:

(i) Routine clearing within road right-of-way;

(ii) Pavement maintenance;

(iii) Normal grading of gravel shoulders;

(iv) Roadside ditch cleaning;

(v) Maintenance of culverts;

(vi) Maintenance of flood control or other approved surface water management facilities; and

(vii) Normal and routine maintenance of parks and trails;

(f) Cemetery graves;

(g) Excavation or fill less than three feet in vertical depth not involving more than 50 cubic yards of earth or other material on a single site;

(h) Clearing associated with tree and vegetation removal as exempt in CMC 18.45.050(3);

(i) Clearing or grading activities for the purposes of gathering information required by the City for application of a development proposal, such as:

(i) Hand clearing of vegetation for surveying;

(ii) Minimal clearing and grading as required to perform geotechnical exploration to characterize geologic formations and soils;

(iii) Minimal clearing and grading to install erosion and sedimentation control devices in accordance with an approved temporary erosion and sedimentation plan; and

(iv) Removal of trees outside of critical areas; provided, that trees to be removed are not located in an area designated to be preserved as part of an approved tree retention plan in general accordance with CMC 18.45.080; and provided, that a forest practices application is not required by the Washington State Department of Natural Resources;

(j) Approved and active Washington State Department of Natural Resources surface mining reclamation permits.

(2) All clearing and grading within critical areas and their associated buffers shall conform to the provisions of this chapter and Chapter 18.65 CMC.

(3) A clearing and grading permit may be issued as a component of a building permit, or other permit, rather than as a separate permit. The Director may require that single-family building permits and clearing and grading permits be combined.

(4) All clearing and grading activities within the City, regardless of whether a permit is required, shall meet the performance and restoration requirements of this chapter and shall include the use of best management practices to reduce erosion, protect water and air quality, and mitigate off-site impacts, such as noise, light, dust, etc. (Ord. 04-19 § 2 (Exh. B); Ord. 08-13 § 1 (Exh. A))