Permit required.
Prohibited excavation, grading and filling.
Permit application.
Application review.
Expiration of permit.
Grading, excavation and land filling permit fee.

The purpose of this chapter includes but is not limited to regulating the grading, excavation and filling of land in order to minimize erosion and sedimentation of watercourses and wetlands, minimize the need for and maintenance of drainage facilities, minimize adverse effects on ground and surface waters, minimize their potential for earth slides and slippage, and maintain the maximum natural vegetation.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.020Permit required.

A grading permit is required for grading, excavation or filling of land except as exempted under Section 15.30.030 of this chapter.

(Ord. 1222 § 3 (Exh. C (part)), 2004)


A grading permit is not required for:

A. Excavation and grading in association with a building permit;

B. Excavations required for installation of public improvements;

C. Excavations for the study of soil and groundwater conditions;

D. Landscape installation which does not result in a fill more than one foot in depth placed on natural terrain with a gradient less than twenty percent or an earth berm not more than four feet in height and which does not exceed fifty cubic yards on any one lot; or

E. Excavations, grading or filling when required as a condition of a preliminary plat, short plat, or binding site plan.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.040Prohibited excavation, grading and filling.

Excavation, grading or filling is prohibited in the following areas and situations:

A. Within fifty feet of the top of the bank of any watercourse except as required by an approved drainage plan;

B. If the work would result in the deposit of materials or otherwise have effects on public rights-of-way, easements and property; or

C. On slopes greater than forty percent in gradient.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.050Permit application.

The permit application shall be provided by the city planner and include the following:

A. The name, address and telephone number of the owner of the property on which the work is to be performed;

B. The name, address and telephone number of the person doing the work;

C. A map of the site which includes: topography, vegetation, wetlands and watercourses, public improvements, structures and rights-of-way or other easements and such features within three hundred feet of the work site;

D. The names and addresses of all property owners and residents within three hundred feet of the work site;

E. A grading plan indicating the areas to be filled or excavated, the contours of the land after filling or excavating and the amount of material to be moved;

F. An engineered soil compaction plan for all fills;

G. If material is to be moved from or to another lot or parcel of property, the application shall include the location of the site, the route to be followed, and evidence of compliance with the regulations of the government with jurisdiction over the site to borrow from or receive material;

H. A plan for the control of erosion and water quality during and after the site work;

I. A plan for drainage of the site;

J. A plan for restoration of vegetation or landscaping on the site;

K. An estimate of the cost of the work to be undertaken;

L. A SEPA environmental checklist if excavation or fill is over five hundred cubic yards; and

M. Other such information as may be required by the city planner, including engineering geological study, soils and hydrological studies;

N. A plan for dust control during grading, excavating or filling.

(Ord. 1222 § 3 (Exh. C (part)), 2004)


The following standards must be met to the satisfaction of the city planner prior to permit issuance:

A. Cut slopes shall be no steeper than is safe for the intended use and shall not be steeper than two horizontal to one vertical, or as recommended by a soils engineer.

B. Fills that are intended for building sites shall be constructed in conformance with the requirements of the latest edition of the IBC as adopted by the city.

C. Except as permitted by the city, no material other than earth material shall be buried or placed in fills. Placement of other than earth material is regulated by state statutes or federal laws and additional permits may be required.

D. Fills shall be constructed using earth materials, compaction methods and construction techniques, so that stable fills are created.

E. Grading, filling, or clearing in or within the vicinity of a wetland shall comply with CEMC Chapter 18.01.

F. Grading, filling or clearing in an area of special flood hazard shall be done in accordance with the latest version of the City of Cle Elum floodplain management ordinance (CEMC Chapter 15.24) or this chapter, whichever has the more stringent development regulations.

G. Grading, filling or clearing of archaeological sites shall be done in accordance with WAC Chapter 25-48, as now adopted or as may be amended, or other applicable state or federal law.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.070Application review.

The city planner shall review all applications for grading permits. The planner shall process the permit application as a Type II application under CEMC Chapter 17.100.

(Ord. 1222 § 3 (Exh. C (part)), 2004)


The city planner may require, as a condition of the permit, a surety to be posted to secure the applicant’s obligation to comply with the conditions of the permit. The surety may be up to one hundred twenty-five percent of the estimated cost of the work.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.090Expiration of permit.

A grading permit shall expire six months from the date of issuance. The city planner may grant one extension of time for an additional six months.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

15.30.100Grading, excavation and land filling permit fee.

A permit fee shall be paid for each grading permit in accordance with fees set by resolution adopted by the Cle Elum city council.