A. Exemptions: The following activities are exempt from the permit requirements of this chapter:
1. Activities approved by or operating under a permit issued by applicable state or local agencies including, but not limited to, the U.S. army corp of engineers, Idaho department of lands, and Idaho department of water resources, or activities governed by and subject to the forest practices act. Grading activities that are related to the project, but not subject to an agency, are not exempt.
2. Agricultural practices in common local usage.
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 less than fifty (50) 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 travelway, 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 fifty (50) cubic yards.
8. Grading, excavating and placement of fill on a site that has less than ten percent (10%) slope, and is more than five hundred feet (500') from "surface water" as defined by this chapter, and that results in disturbance of less than one-third (1/3) of the parcel.
Excavation and grading activities which are exempted from the permit requirement 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 conditional use permit 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 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 other excavation and grading activity, except as specifically exempted under subsection A of this section.
C. Other Activities:
1. Site disturbing activities conducted by utility installers shall be regulated as follows:
a. For major installation projects where utility service is regional in nature intending to serve more than one subdivision or intending to upgrade existing service to multiple subdivisions, or commercial or industrial projects, utility installers shall comply with all requirements of this chapter.
b. All other work conducted by utility installers shall use knowledgeable and reasonable best management practices to prevent sediment from leaving the site. (Ord. 409, 7-11-2006)