16.70.080 Exempt activity.
A grading action is exempt from the provisions of BMC 16.70.090 if it satisfies one of the criteria listed in subsections (A) through (H) of this section. Exempt grading actions must still comply with the performance standards listed above and all other applicable laws such as, but not limited to, Chapter 15.42 BMC, Stormwater Management.
A. Structural fill, including foundation and retaining wall preparation for structures requiring a building permit, in conformance with the grading chapter of the International Building Code, published by the International Conference of Building Officials.
B. Grading covered within a planned contract, preliminary plat, shoreline substantial development permit, critical areas permit or public services contract if specifically addressed within the document or permit.
C. Gravel mining regulated by and pursuant to a permit issued by the State Department of Natural Resources.
D. Cemetery graves, wells, utility trenches, stockpiling of landscaping or construction materials as allowed by underlying zoning, or exploratory excavations under the direction of an engineer or geologist.
E. Earth moving without import or export on a self-contained site.
F. Placement of topsoil for landscaping not exceeding one foot in depth, gravel for residential driveways, or similar superficial applications as determined by the director.
G. Grading within any developed residential land not to exceed 100 cubic yards.
H. The grading action satisfies all of the following criteria:
1. Grading of less than 100 cubic yards.
2. Cut, fill or excavation less than five feet in vertical dimension that will maintain a two-foot horizontal dimension to one-foot vertical dimension slope ratio.
3. The existing groundslope does not exceed a two-foot horizontal to a one-foot vertical slope ratio.
4. The grading action is not within shoreline, floodplain or wetland and stream ordinance jurisdiction.
5. Complies with zoning setbacks for structure.
6. Is the only exempt grading action to occur within a five-year period on an individual lot or series of lots in contiguous ownership. [Ord. 2017-03-009 § 11; Ord. 10677 § 3, 1995].