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11-2-3: EXEMPTIONS:
The following activities do not require a land disturbance permit. Activities exempted from the land disturbance permit requirements set forth herein are subject to and shall be performed in accordance with the land disturbance design and construction standards, the hillside overlay ordinance and all other applicable ordinances, rules, regulations, standards and specifications of the city.
   A.   An excavation which does not exceed fifty (50) cubic yards; or affects an area that is less than three thousand (3,000) square feet; or does not create a cut slope greater than five feet (5') in height or steeper than two horizontal to one vertical (2:1); provided, however, any excavation which is made in an area of adverse geological conditions or which alters a drainage course must obtain a permit.
   B.   A fill which is less than one foot (1') in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1); affects an area that is less than three thousand (3,000) square feet; is less than three feet (3') in depth and is not intended to support structures; provided, any fill over fifty (50) cubic yards or which affects a drainage course must obtain a permit.
   C.   Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools, or other structures authorized by a valid building permit. This shall not exempt any fill made of materials from such excavations or exempt any excavation having an unsupported height greater than five feet (5') after the completion of such structures.
   D.   Mining and quarrying operations conducted under a valid special use permit issued by the city pursuant to applicable zoning regulations.
   E.   The depositing of rubbish or other materials at any dump or sanitary fill conducted under a valid permit and/or applicable zoning ordinances. Such exemption shall not extend to surrounding berms, permanent access roads, building sites or protective drainage works.
   F.   Farming and agricultural operations conducted under a valid use permit or applicable zoning ordinances.
   G.   Soil and water conservation work under the direct control of the United States natural resources conservation service; provided, the construction of water impounding structures of earth shall require a permit where the maximum depth to which water is or may be impounded is five feet (5') or greater.
   H.   Grading operations conducted by the city for approved capital improvement projects. (2001 Code § 81-2-020)