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(a) An application for a permit must be filed on forms approved by the Department and include:
(1) all information required by the Department, including identity of property owner, developer of the property, and land-disturbing activity to be performed;
(2) written permission from the owner for agents of the Department to enter the property specified in the application for inspection and enforcement under this Chapter;
(3) all required fees;
(4) all related soil erosion and sediment control plans; and
(5) any required financial security.
(b) A separate permit is required for each site.
(c) A sediment control permit is transferable.
(d) A permit must not be issued for land disturbance associated with building or development that is not permitted by applicable zoning, special exceptions, and variances.
(e) A permit must not be issued to a person who must comply with Chapter 22A until a final forest conservation plan is approved and any required financial security is provided. However, a permit may be issued before a final forest conservation plan is approved if the land-disturbing activity is specified on the approved preliminary plan of subdivision, preliminary forest conservation plan, project plan, development plan, sketch plan, floating zone plan, or approved plan amendment. Any land-disturbing activity must comply with all terms and conditions of the permit.
(f) The Department must issue a permit to an applicant if the application and plans comply with this Chapter, applicable regulations, and the Standards and Specifications.
(g) A sediment control permit must not be issued for any grading or land-disturbing activity that is located in or within 25 feet of a 100-year floodplain if the activity requires and has not received a floodplain district permit under Article III. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1989 L.M.C., ch. 39, § 3; 2013 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 8, § 1.)
Editor’s note—Former Section 19-3A, Permit limitations, derived from 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1, was repealed by 2013 L.M.C., ch. 9 , § 1.)