42-239.10 Statutory Exceptions (See 42-366 Variances)

Exceptions shall be granted from the 30 foot landward location of built-upon area requirement and deed restrictions/protective covenants requirements in any of the following instances:

  1. When there is a lack of practical alternatives for a:
    1. Road crossing,
    2. Railroad crossing,
    3. Bridge,
    4. Airport facility,
    5. Utility crossing
    6. Stormwater management facility,
    7. Stormwater management pond, or
    8. Utility (including, but not limited to, water, sewer, or gas construction and maintenance corridor)

And such are located, designed, constructed, and maintained to:

  1. Minimize disturbance,
  2. Provide maximum nutrient removal,
  3. Protect against erosion and sedimentation,
  4. Have the least adverse effects on aquatic life and habitat,
  5. Protect water quality to the maximum extent practicable through the use of BMPs, and
  6. Remain 15 feet landward of all perennial and intermittent surface waters (this provision applies only to stormwater management facilities, stormwater management ponds, and stormwater utility).
  1. Showing a Lack of Practical Alternatives. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters.