§ 150.03  APPLICABILITY.
   (A)   This chapter applies to all land disturbing activities within the boundaries and jurisdiction of the county. The Board of Commissioners adopts the standards and requirements for erosion and sediment control as defined in 327 I.A.C. 15-5, which is applicable “where construction activity disturbs five acres or more of the site”.
   (B)   In addition, this section applies to the following sites with land disturbing activities:
      (1)   Those requiring a subdivision plat approval or local improvement location permit for the construction of commercial, residential or institutional buildings on lots of approved subdivision plats;
      (2)   Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 40,000 square feet or more.
      (3)   Those involving excavation, filling or a combination of excavation and filling affecting 400 cubic yards or more of soil, sand, gravel, stone or other material; and
      (4)   This chapter does not release the applicant from the responsibility of acquiring any other appropriate local, state and federal permits.
   (C)   The following activities are exempt from these requirements:
      (1)   Agricultural activities, including crop production, household gardening and timber harvesting that is not part of a development project;
      (2)   Any maintenance, alteration, use or improvement to an existing structure which will not change the quality, rate, volume or location of surface water discharge or contribute to soil erosion and sedimentation;
      (3)   Single-family residential structures on a lot less than 40,000 square feet in size and that has a land slope of 2% or less; and
      (4)   Livestock production activities that do not require state or federal permits due to size and/or numbers involved in the project.
(Ord. 9-2002, passed 5-23-2002)