(A) Erosion and sediment plan approval required. Except as provided in divisions (B), (C) and (D) of this section, no person shall engage in any land-disturbing activity after the effective date of the adoption of conservation standards until he or she has submitted to the Administrator an erosion and sediment plan for the land-disturbing activity and until that plan has been reviewed and approved by the Administrator.
(B) Private agricultural, horticultural or forest lands. Any person who owns, occupies or operates private agricultural, horticultural or forest lands shall not be deemed to be in violation of this chapter for land-disturbing activities which result from the tilling, planting or harvesting of agricultural, horticultural or forest crops or products or engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches and the like; the utilization of strip cropping, lister furrowing, contour cultivating and contour furrowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned or eroded lands to water-conserving and erosion- preventing plants, trees and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes and other thick-growing, soil- holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas badly gullied or otherwise eroded. Any person who owns, occupies or operates private agricultural, horticultural or forest lands shall comply with the requirements of this chapter wherever that person proposes to conduct grading, excavating or filling operations.
(C) State agency projects. Any state agency that undertakes a project involving a land-disturbing activity shall not be deemed to be in violation of this chapter.
(D) Lands extending into jurisdiction of another local program. Any person whose land-disturbing activities involve lands which extend into the jurisdiction of another local erosion and sediment control program; provided, however, that the person has a plan approved by the State Soil and Water Conservation Board. These persons shall comply with the requirements of this chapter concerning a performance bond, cash escrow, letter of credit and any combination of these requirements, or other legal arrangement as is acceptable to the Administrator.
(E) Responsibility for submission and approval of control plan. Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land.
(F) Effect of chapter on land-disturbing activities prior to effective date of conservation standards. Nothing in this chapter shall be construed to affect any land-disturbing activity which is commenced prior to the effective date of the adoption of conservation standards.
(1997 Code, § 30-79)