12.10.2 Applicability

The following activities do not require a permit under this section:

1. Land-disturbing activities for the purpose of fighting fires;

2. Land-disturbing activities that are less than 12,000 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Notwithstanding this provision, an erosion control plan and/or permit may be required by the Sedimentation and Erosion Control Officer or designee when off-site damage is occurring, or if the potential for off-site damage exists. Additionally, this section may apply when the applicant, or a parent, subsidiary, or other affiliate of the applicant has engaged in any activity enumerated in paragraph 3.8.7, Disapproval of Plan;

As set forth in NCGS § 113A-52.01, land-disturbing activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture 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, llamas, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals;

e. Bees and apiary products;

f. Fur animals; and

g. Mulch, ornamental plants, and other horticultural products. For purposes of this section, “mulch” means substances composed primarily of plant remains or mixtures of such substances;

4. Land-disturbing activities undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland 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 Article shall apply to such activity and any related land-disturbing activity;

5. Land-disturbing activities undertaken by persons as defined in NCGS § 113A-52(8) who are otherwise regulated by the provisions of the Mining Act of 1971, NCGS § 74-46 – 74-68;

6. Land-disturbing activities over which the state has exclusive regulatory jurisdiction as provided in NCGS § 113A-56(a);

7. Land-disturbing activities undertaken for the duration of an emergency, activities essential to protect human life;

8. Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act; and

9. Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations Sec. 12.2 (January 1, 2014 Edition).

Subject to the exemptions listed in subsection 12.10.2, a sedimentation and erosion control plan shall be required for any land-disturbing activity within the County, including the City, if more than 20,000 aggregate square feet will be disturbed, or if 12,000 or more aggregate square feet will be disturbed in a M/LR-A, M/LR-B, F/J-A, or E-A watershed protection overlay district. The Sedimentation and Erosion Control Officer or designee may also require a plan for any land-disturbing activity if it determines that off-site damage is occurring or the potential for off-site damage exists. A plan may also be required when the applicant, or a parent, subsidiary, or other affiliate of the applicant, has engaged in any activity listed in paragraph 3.8.7, Disapproval of Plan.

	Less than 12,000 s.f.	12,000 s.f. to 20,000 s.f.	More than 20,000 s.f.
Plan	MR	MR(*R)	R
Permit	MR	R	R

MR – May be required when off-site damage is occurring, the potential for off-site damage exists, or if the applicant or a parent, subsidiary, or other affiliate of the applicant has engaged in any activity enumerated in paragraph 3.8.7, Disapproval of Plan.

R – Required.

*R – Required in a Lake Michie/Little River Critical Area (M/LR-A), Lake Michie/Little River Protected Area (M/LR-B), Falls/Jordan Critical Area (F/J-A) and Eno River Critical Area (E-A).

Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

Whenever conflicts exist between federal, State or local laws, ordinances or rules, the more restrictive provision shall apply.