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(a) Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit.
(b) A permit is not required under this Chapter for:
(1) any minor land-disturbing activity that:
(A) is not associated with construction of a new residential or commercial building;
(B) involves less than 100 cubic yards of earth movement;
(C) disturbs less than 5,000 square feet of surface area;
(D) is not associated with a change of use from residential to any other use; and
(E) is promptly stabilized to prevent erosion and sedimentation;
(2) accepted agricultural land management practices and agricultural best management practices used in the cultivation of land to further crop and livestock production, such as plowing and construction of an agricultural structure on land that:
(A) has been farmed by, or with the permission of, the same owner during the preceding 5 years; or
(B) in the event of a transfer of ownership or other appropriate circumstance, is the subject of a declaration of intent to farm under state tax law or a comparable declaration filed with the Department by the owner;
(3) tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area;
(4) utility work performed under a Washington Suburban Sanitary Commission utility sediment control permit; or
(5) any clearing or grading activity that is subject exclusively to State approval and enforcement under State law and regulations. (1976, L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2013 L.M.C., ch. 9, § 1.)
Editor’s note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral.