§ 154.08  EARTH CHANGE EXEMPTIONS.
   (A)   An earth change permit shall not be required for the following activities:
      (1)   Any tract of land of record which does not exceed one acre.
      (2)   Bona fide agricultural and farming operations which constitute the principal use of a tract of ground in the city and which meet the requirements of the codes and ordinances of the city.
      (3)   Home gardening.
      (4)   Excavating and/or grading, and/or levelling, and/or landfilling requiring less than 12 inches of cut or fill at any one point; provided such activity does not create a public nuisance as described in § 154.04(B).
      (5)   The removal of trees outside the flood plain boundary.
      (6)   The common or routine maintenance and clearing within the flood plain boundary which does not expose the earth or ground to erosion.
      (7)   Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health, or property, and which are made under such circumstances where it would be impossible or impracticable to obtain an earth change permit.
      (8)   Temporary excavation for the purpose of installing, maintaining, replacing, or repairing any public street, public utility, or any service lines related thereto.
   (B)   The exemptions contained in divisions (A) (1) and (4) of this section are not applicable to:
      (1)   Such activities when occurring upon any tract of record regardless of size or depth of cut or fill, located within the flood plain boundary; or
      (2)   Such activities when occurring upon any tract of record, regardless of size or depth of cut or fill when such tract contains any natural or man-made watercourse, with a drainage area of over 40 acres.
(Ord. 99-43, passed 8-2-99; Am. Ord. 2003-26, passed 8-18-03)