(A) No person shall, without having first provided for compliance with this chapter and with any program, plan, permit, or regulation of the York County Stormwater Management Program (SWMP) adopted in accordance with this chapter, conduct the following:
(1) Develop any land;
(2) Engage in any industry or enterprise;
(3) Construct, operate or maintain any landfill, hazardous waste treatment, disposal or recovery facility, solar farm, or any other industrial or related facility; or
(4) Dispose of any hazardous or toxic substance or other pollutant.
(B) The following development activities are exempt from the provisions of this chapter:
(1) Construction or improvement of single-family residences or their accessory buildings, which are separately built and not part of a larger common plan of development or sale, that results in a disturbed area of less than one acre, provided that the work is performed in a manner consistent with these regulations.
(2) Land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture, except that the construction of any agricultural structure, which requires a building permit, that results in the disturbance of one or more acres of land are not exempt from the provisions of this chapter.
(3) Land disturbing activities undertaken on forestland for the production and harvesting of timber and timber products. For sites that are substantially cleared of trees, pursuant to legitimate forestry activities, no land development applications that would result in a change from forestland to non-forest or non-agricultural use shall be approved for one year after the date the clearing is completed, in accordance with S.C. Code § 48-23-205(C)(1)(a), or five years after the date the clearing is completed if the harvest was a willful violation of regulations, in accordance with S.C. Code § 48-23-205(C)(1)(b).
(4) Activities undertaken by persons who are otherwise regulated by the provisions of S.C. Code Title 48, Chapter 20, the South Carolina Mining Act.
(5) Certain land disturbing activities undertaken by persons who are exempt from the provisions of the Stormwater Management and Sediment Reduction Act as set forth in S.C. Code § 48-14-40.
(6) Linear highway projects designed by the county or its agents shall be permitted based on SCDOT criteria as set forth in S.C. Regulation 72-400 and SCDOT’s Requirements for Hydraulic Design Studies (2009) as approved by SCDOT.
(7) If conducting construction activities in response to a public emergency (e.g., earthquake, extreme flooding conditions, widespread disruption in essential public services), and the related work requires immediate authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services, stormwater discharge is allowed on the condition that a complete and accurate notice of intent and plan is submitted within 30 calendar days after commencing construction activities establishing that eligibility for coverage under this permit. Documentation must be provided in the Stormwater Pollution Prevention Plan to substantiate the occurrence of the public emergency.
(Ord. 2819, passed 6-17-19; Am. Ord. 3420, passed 10-5-20)