Filling, grading, lagooning, dredging, ditching, and excavating may be permitted only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty. Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under § 242-28 may be allowed in the shoreland area, provided that:
A. 
It is done in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
B. 
Filling, grading, lagooning, dredging, ditching, and excavating in a shoreland-wetland district meets the requirements of §§ 242-14B and 242-14C of this chapter.
C. 
All applicable federal, state, and local authority is obtained.
D. 
Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover, or a bulkhead.
Except as provided in § 242-29, a land use permit is required:
A. 
For any filling or grading of any area which is within 300 feet landward of the OHWM of navigable water and the existing or resultant slope is toward the water if:
(1) 
Any filling or grading on slopes of more than 20%.
(2) 
Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.
(3) 
Filling or grading of more than 2,000 square feet on slopes less than 12%.
B. 
For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway, which is within 300 feet landward of the OHWM of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.
A. 
Soil conservation practices, such as tiled terraces, runoff diversions and grassed waterways used for erosion control, shall not require a permit under § 242-28 when designed and constructed to Natural Resources Conservation Service technical standards and designed and approved by the Land Conservation Department.
B. 
The maintenance of existing nonnavigable agricultural drainage systems in conformity with the following construction standards:
(1) 
The maintenance dredging of farm drainage ditches is limited to reestablishing the original ditch cross section.
(2) 
Ditch banks shall be constructed at a slope of two horizontal to one vertical (grade of 50%) or flatter.
(3) 
Ditch banks shall be maintained in a sod cover and free of woody vegetation.
(4) 
A ten-foot-wide buffer strip left untilled, un-grazed sod cover shall be maintained adjacent to the ditch bank.
In granting a permit under § 242-28, the County shall attach the following conditions:
A. 
The smallest amount of bare ground shall be exposed for as short a time as feasible.
B. 
Temporary ground cover (such as mulch or jute netting) shall be used, and permanent vegetative cover shall be established.
C. 
Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.
D. 
Lagoons shall be constructed to avoid fish trap conditions.
E. 
Fill shall be stabilized according to accepted engineering standards.
F. 
Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.
G. 
Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter, which shall be promptly vegetated, unless bulkheads or riprap are provided.