§ 155.016 EXEMPTION.
   The provisions of §§ 155.015 et seq. shall not apply to:
   (A)   Agriculture land management and culture practices, or to the construction of on-farm building and structures used in a farming operation, provided that such practices or structures do not impede, encroach or alter a major drainage channel or flood area.
   (B)   Construction or land improvement of single-family residences or buildings accessory to such residences, which are not a part of a residential subdivision, provided that such construction does not impede, encroach or alter a major drainage channel or flood area.
   (C)   Land improvement to a single-family residence in a development subdivision, provided that such construction does not impede, encroach or alter a major drainage channel or flood area.
   (D)   Mining and mineral resource extraction operation conducted in accordance with a valid mining permit issued by SCDHEC Bureau of Solid and Hazardous Wastes in accordance with the South Carolina Mining Act, provided that such construction does not impede, encroach or alter a major drainage channel or flood area.
   (E)   Land disturbing activities undertaken on forest land for the production and harvesting timber and timber products, or on forest lands owner or managed by the South Carolina Forestry Commission.
   (F)   Land disturbing activities of the S.C. Department of Transportation conforming to the requirements of S.C. Code § 48-18-70, and corresponding Regulation 72-400.
   (G)   Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.
   (H)   Land disturbing activities, that are conducted under another state or federal environmental permit, license, or certification are conditioned on compliance with the minimum standards and criteria developed under this chapter.
   (I)   Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities or structures.
   (J)   Any of the following land disturbing undertaken by any person who provides gas, electrification or communications services, subject to the jurisdiction of the South Carolina Public Service Commission or corporations organized and operating pursuant to S.C. Code §§ 33-49-10 et seq.:
      (1)   Land disturbances conducted pursuant to Title 58, Chapter 33, of the South Carolina Code, or land disturbances conducted pursuant to any other certification or authorization issued by the Public Service Commission;
      (2)   Land disturbances conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, including permits issued by the Federal Energy Regulatory Commission.
      (3)   Land disturbances associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety;
      (4)   Land disturbances associated with routine maintenance and/or repair of electric, gas, or communications lines;
      (5)   Land disturbances associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services;
      (6)   Land disturbances associated with the placement of underground lines for distribution or transmission of electric or of gas or communication services; or
      (7)   Land disturbances conducted by a person filing environmental reports, assessments or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regards to a project.
   (K)   Construction of ponds that are not subject to the South Carolina Dams and Reservoirs Safety Act provided that such structure do not impede, encroach or alter a major drainage channel or flood area.
(Am. Ord. 06-21-05, passed 6-15-2006)