§ 152.07. EXEMPTIONS.

An occupier of agricultural land is not violating § 152.04 if the District report, as developed through § 152.17, shows that existing farming practices and methods are being effectively applied to control soil loss.

(A) A land occupier engaged in federal, state, county, municipal, or township road construction and maintenance is not violating § 152.04 if the road construction and maintenance is designed and installed according to Department of Transportation standard specifications for construction and maintenance.

(B) A land occupier engaged in a development activity shall not be required to develop a sediment control plan and shall not be considered in violation of § 152.06 when involved in 1 of the following activities:

(1) Minor land disturbance activities such as home gardens and individual home landscaping, repairs, and maintenance work;

(2) Construction, installation, maintenance of electric, telephone, and utility lines or individual service connection to utility lines;

(3) Septic tank lines or drainage fields, unless included in an overall plan for a land development activity relating to construction of a building to be served by the septic tank system;

(4) Preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision development;

(5) Disturbance of land areas less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the local unit of government may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception applies;

(6) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; and

(7) Emergency work or repairs to protect life, limb, or property.

(Prior Code, § 403.070) (Ord. 7462, passed 10-20-1992)