(a) Geographical scope of regulated land disturbing activity. This section shall apply to all land disturbing activities, as defined, within the territorial jurisdiction of the town and to the extraterritorial jurisdiction of the town as allowed by the agreement between local governments, the extent of annexation or other appropriate legal instrument or law.
(b) Exclusions from regulated land disturbing activity. Notwithstanding the general applicability of this section to all land disturbing activity, this section shall not apply to the following types of land disturbing activity:
(1) Activities undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in forest practice guidelines related to water quality, as adopted by the state department of environment and natural resources. If land disturbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with forest practice guidelines related to water quality, the provisions of this section shall apply to such activity and any related land disturbing activity on the tract.
(2) Activities for which a permit is required under the mining Act of 1971, G.S. ch. 74, art. 7 (G.S. 74-46 et seq.).
(3) Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A- 56(a).
(4) For the duration of an emergency, activities essential to protect human life, including activities specified in an executive order issued under G.S. 166A-19.30(a)(5).
(5) An activity, including breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to, the following:
a. Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts.
b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats.
e. Bees and apiary products.
f. Fur-producing animals.
(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 wetland functions of converted wetlands as defined in 7 CFR 12.2 (January 1, 2014 edition).
(c) Plan approval requirement for land disturbing activity. No person shall undertake any land disturbing activity subject to this article 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, this chapter, 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 the applicable threshold specified in section 22-23(a). In making this determination, lands under one or diverse ownership being developed as a unit will be aggregated.
(Code 1989, § 96.04; Ord. of 6-12-2007; Ord. of 5-8-2018)