§ 151.137 GRADING PERMIT(S).
   (A)   (1)   Unless otherwise exempt, a grading permit will be required prior to persons engaging in a land disturbing activity exceeding 1,000 square feet.
      (2)   The following requirements must be met before the permit will be granted:
         (a)   General permit for stormwater discharges associated with construction activities through SD DENR as required by ARSD 72:52:01 through 72:52:11 for land disturbing activity of one acre or more;
         (b)   General permit for stormwater discharges associated with industrial activities through SD DENR as required by ARSD 72:52:01 through 72:52:11. The requirements for this permit are governed by the Standard Industrial Code (SIC). There are no size (area) requirements for this permit; and
         (c)   Approval of the stormwater pollution prevention plan (SWPPP) by the City Public Works Director. The SWPPP is a requirement for both divisions (A)(2)(a) and (A)(2)(b) above.
   (B)   A grading permit with a grading and erosion control plan (GECP) will be required for persons wishing to engage in land disturbing activity one-half acre up to one acre upon obtaining approval of a grading and erosion control plan (GECP) by the City Public Works Director.
   (C)   A grading permit shall designate the name, address and phone number for person(s) (including emergency contact information) responsible for erosion control measure implementation and maintenance.
   (D)   Exemptions: no grading permit will be required for the following activities:
      (1)   Any emergency activity that is immediately needed for the protection of life, property or natural resources;
      (2)   Any nursery and agricultural operations as permitted main or accessory use; and
      (3)   Land disturbing activity less than 1,000 square feet.
   (E)   All permits will remain active until permanent landscaping measures have been met on the site. Permanent stabilization/re-vegetation must be met by October 31 of the year following completion of the project or occupancy of the project. (Example: If the project is completed in July of 2018, then permanent landscaping/re-vegetation must be completed by October 21, 2019.) Projects larger than one- half acre may be required to be stabilized, landscaped or re-vegetated in phases to prevent long term exposure of soils.
   (F)   Persons not subject to a grading permit but who are engaging in a land disturbing activity are subject to applying effective best management practices (BMPs) as well as the penalties set forth in § 151.999(F).
(Prior Code, § 14.08.03) (Ord. 893, passed - -)