§ 88.02.030  Exempt Activities.
   The intent of this Section is not to invalidate existing discretionary permits, but rather to prevent or mitigate accelerated erosion.  The following activities shall be exempt from the provisions of this Chapter, except § 82.13.080(c) (General Erosion Control Requirements) and conditions of accelerated erosion existing before adoption of this Development Code. 
   (a)   Activities Not Resulting in Land Disturbance.  Activities where the Building Official recognizes that no land disturbance will take place, including:
      (1)   Change of use permits where there would be no expansion of land disturbing activities.
      (2)   Construction within an existing structure.
   (b)   Agricultural Activities.  Agricultural grading and routine agricultural activities (e.g., plowing, harrowing, discing, ridging, listing, land planning, and similar operations to prepare a field for a crop, including routine clearing to maintain existing rangeland, etc.).
   (c)   Land Clearing Activities for Fire Prevention.  Land clearing and vegetation clearance around structures as required by State and local fire codes and fire prevention guidelines.  Land clearing shall be limited to that required to comply with applicable fire codes and regulations.
   (d)   Resource Management Activities.  Clearing, fuel management, reforestation, erosion control, or other resource management programs that are carried out under the auspices of a government agency and that include appropriate erosion control measures.  Agencies should notify the Building Official of these types of projects.
   (e)   Road/Utility Construction and Maintenance Activities.  Road construction and maintenance as well as installation of utilities in compliance with plans and procedures approved by the Director of Public Works; provided that adequate measures, consistent with the intent of this Chapter, have been taken to control erosion and the flow of sediment into lakes, streams, and drainage courses.
   (f)   Septic System and Well Installation and Repair Activities.  Activities in compliance with a valid permit for septic system installation and repair or well drilling; however § 82.13.080(e)(4) (Land Clearing Measures - Installation and Maintenance of Protection) and § 82.13.080(f)(1) (Winter operation Measures - Winter Operation Erosion Control Measures) shall apply and sediment from the septic system installation and repair or well drilling activities shall not be allowed to enter a stream or body of water.
   (g)   Soil Testing Activities.  Routine testing of soil type and characteristics to determine soil suitability, water percolation, or similar soil tests; provided, however, that sediment from these activities shall not be allowed to enter a stream, drainage course, or body of water.
   (h)   Timber Harvesting Activities.  Timber harvesting activities subject to and in compliance with a valid Timber Harvest Plan approved in compliance with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.).
(Ord. 4011, passed - -2007)