A. Exemptions: Any of the following activities are exempt from the permit requirements of this chapter. These exemptions shall not apply to commercial or industrial developments or for subdivision infrastructure development:
1. Agricultural practices in common local usage;
2. Activities governed by and subject to the Forest Practices Act;
3. Cemetery graves;
4. Emergency situations involving immediate danger to life or property, substantial fire hazards, or other public safety hazards as subsequently determined by the City, or during the period covered by an emergency declaration by the City;
5. In any twelve (12) month period, excavation or placement of fill totaling less than seventy five (75) cubic yards in volume, which does not obstruct a stream, drainage course, or surface waters;
6. Private road or driveway maintenance where work is limited to the travel way, no cut or fill slopes are created, and no drainage features are created or modified;
7. Excavation of test holes for soil testing activities, provided that no access road will be created for test hole excavation, and the total excavation is less than seventy five (75) cubic yards;
8. Grading, excavating, or placement of fill which is subject to the regulations and permitting process of the U.S. Army Corps of Engineers, Idaho Department of Lands, and Idaho Department of Water Resources. Grading activities that are related to such projects, but which are not subject to the aforementioned agencies' regulations, are not exempt;
9. Grading and maintenance of public roadways.
Excavation, grading and paving activities which are exempted from the permit requirement under subsections A5 through A9 of this section shall employ reasonable and knowledgeable Best Management Practices to prevent sediment from leaving the site.
B. Permit Required: Except as exempted under subsection A of this section, a site disturbance permit shall be required for the following activities:
1. Construction of all new driveways, private or public roads, or infrastructure authorized through the subdivision or short plat process;
2. Conversion of roads from one use to another (such as a logging road to a private road, private road to a public road, etc.) regardless of the level of improvement required on the road;
3. Excavation for the construction of commercial or light industrial structures;
4. Creation of a new commercial or industrial access or parking lot, and conversion or paving of an existing access or parking lot for commercial or industrial development;
5. All site disturbance or construction activity resulting in the disturbance of more than seventy five (75) cubic yards on a residential parcel;
6. All other excavation, filling, and grading activity, except as specifically exempted under subsection A of this section.
Where a building permit has been properly issued by the City, it shall include the excavation and grading activity that is directly related to the construction authorized by said building permit.
C. Other Activities:
1. Site disturbing activities conducted by utility installers shall use knowledgeable and reasonable Best Management Practices to prevent sediment from leaving the site. (Ord. 256, 10-4-2018)