§ 158.04  EXCLUSIONS.
   This chapter shall not apply to the following land-disturbing activities:
   (A)   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:
      (1)   Forages and sod crops, grains and feed coops, tobacco, cotton and peanuts;
      (2)   Dairy animals and dairy products;
      (3)   Poultry and poultry products;
      (4)   Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats;
      (5)   Bees and apiary products;
      (6)   Fur producing animals;
      (7)   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.
   (B)   Activities 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 Ordinance shall apply to such activity and any related land-disturbing activity on the tract.
   (C)    Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes.
   (D)   Land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. § 113A-56(a).
   (E)   For the duration of an emergency, activities essential to protect human life.
   (F)   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.
   (G)   Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 CFR § 12.2.
(Ord. O-2002-18, passed 4-2-02; Am. Ord. O-2019-14, passed 4-2-19)