(A) Geographical scope of regulated land-disturbing activity. This chapter shall apply to land-disturbing activities undertaken by any person within the corporate limits of the Town or its extraterritorial zoning jurisdiction area, with the following exclusions.
(B) Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability of this chapter to all land-disturbing activity, this chapter shall not apply to the following types of land-disturbing activity:
(1) An activity, including breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to:
(a) Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts;
(b) Dairy animals and dairy products;
(c) Poultry and poultry products;
(d) Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats;
(e) Bees and apiary products; and
(f) Fur producing animals.
(2) An activity undertaken on forest land for production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the Department. If the land disturbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this chapter shall apply to the activity and related land disturbing activity on the tract.
(3) An activity for which a permit is required under the Mining Act of 1971, G.S. Chapter 74, Article 7.
(4) A land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. § 113A-56(a).
(5) An activity which is essential to protect human life during an emergency.
(C) Plan approval requirement for land-disturbing activity. No person shall undertake any land disturbing activity subject to this chapter without first obtaining a plan approval thereof from the Town.
(D) Protection of property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by the activity.
(E) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.
(1989 Code, § 154.04) (Ord. 1185, passed 6-14-2005)