(A) Geographical scope of regulated land-disturbing activity. This chapter shall apply to land-disturbing activity within the territorial jurisdiction of the City of Lincolnton, including the extraterritorial jurisdiction of the City of Lincolnton (as applicable) and Lincoln County as allowed by agreement between the 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 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 man, including, but not limited to:
(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, llamas, sheep, swine, horses, ponies, mules, and goats;
(e) Bees and apiary products;
(f) Fur-producing animals;
(g) 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 State 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. Chapter 74, Article 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 that 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 § 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) Erosion and sedimentation control measures. All land-disturbing activities, including those that disturb less than one acre, shall provide adequate erosion control measures, structures, or devices in accordance with this chapter.
(D) Plan approval requirement for land-disturbing activity. No person shall undertake any land-disturbing activity subject to this chapter without first obtaining plan approval from the county of land-disturbing activity that meets any of the following criteria:
(1) Uncovers one acre or more; and/or
(2) Any nonresidential land disturbance of 20,000 square feet or greater requiring a building permit.
(E) Permit requirement. Any land disturbance 1,000 square feet or greater, not meeting the requirements as set forth in divisions (D)(1) and (D)(2) of this section, but requiring a building permit, must complete an erosion and sediment control application.
(F) 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.
(G) More restrictive provisions shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provisions shall apply.
(H) 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 meet the requirements as set forth in divisions (D)(1) or (D)(2) of this section. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.
(Ord. passed 1-22-2007; Ord. passed 12-18-2023)