Geographical scope of regulated land-disturbing activity. The erosion and sedimentation control regulations of this chapter shall apply to all land disturbing activities defined in division (a) of this section located within the territorial jurisdiction of the Town, and to the extraterritorial jurisdiction of the town as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law.
(a) Applicability. Excluding the exceptions noted in division (b) of this section, the erosion and sedimentation control regulations of this chapter shall apply to all disturbances of land equal to or greater than one acre, and to land disturbances of less than one acre that are part of a larger common plan of development or sale, without limitation a subdivision.
(b) Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability of this chapter to all land-disturbing activity, this chapter shall not apply to the following types of land-disturbing activity:
(1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to humans, including, but not limited to:
(i) Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts.
(ii) Dairy animals and dairy products.
(iii) Poultry and poultry products.
(iv) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.
(v) Bees and apiary products.
(vi) Fur producing animals.
(vii) Mulch, ornamental plants, and other horticultural products. For purposes of this section, mulch means substances composed primarily of plant remains or mixtures of such substances.
(2) An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (best management practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this chapter shall apply to such activity and any related land-disturbing activity on the tract.
(3) An activity for which a permit is required under the Mining Act of 1971, G.S. Ch. 74, Art. 7.
(4) A land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a).
(5) An activity which is essential to protect human life during an emergency.
(6) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act.
(7) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2.
(c) Plan approval requirement for land-disturbing activity. No person shall undertake any land-disturbing activity subject to this chapter without first obtaining a plan approval therefor from the Town.
(d) Protection of property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.
(e) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinance, or rules, the more restrictive provision shall apply.
(f) Plan approval exceptions. Notwithstanding the general requirement to obtain a plan approval prior to undertaking land-disturbing activity, a plan approval shall not be required for land-disturbing activity that does not exceed one (1) acre and is not part of a larger common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.
(g) Compliance regardless of land disturbance permit requirements. Erosion control devices must be installed to prevent any offsite sedimentation for any construction site regardless of the size of the land disturbance. Land-disturbing activity for which a land disturbance permit is not required must still comply with the erosion and sedimentation control regulations of this chapter, unless specifically excluded in this section.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21; Ord. No. 22-03-16-002, 3-16-22; Ord. No. 24-11-20-001, 11-20-24)