42-253. Scope and Exclusions

  1. Geographical Scope of Regulated Land-Disturbing Activity. This subpart shall apply to land-disturbing activity within the unincorporated areas of Henderson County and its municipalities as allowed by agreement between local governments, the extent of annexation other appropriate legal instrument or law.
  2. Exclusions from Regulated Land-Disturbing Activity. Notwithstanding the general applicability of this subpart to all land-disturbing activity, this subpart shall not apply to the following types of land-disturbing activity:
    1. Activities, including the production and 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:
      1. forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts.
      2. dairy animals and dairy products.
      3. poultry and poultry products.

      4. livestock, including beef cattle, llamas, sheep swine, horses, ponies, mules, and goats.

      5. bees and apiary products.
      6. fur producing animals.

      7. 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.

    2. An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality(Best Management Practices), as adopted by 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 standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this subpart shall apply to such activity and any related land-disturbing activity on the tract.
    3. An activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes.
    4. A land-disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. §113A-56(a).
    5. An activity which is essential to protect human life during an emergency.

    6. 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.

    7. Activities undertaken pursuant to Natural Resources Conservation Services standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations §12.2.

  3. Plan Approval Requirement for Land-Disturbing Activity. No Person shall undertake any land-disturbing activity subject to this subpart without first obtaining a Plan approval from the Soil Erosion and Sedimentation Control Administrator.
    1. For the purpose of the subpart, an erosion control plan shall be required for:
      1. Any land-disturbing activity which uncovers one or more acres (43,560 square feet) of land.
  4. Protection of Property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.
  5. More Restrictive Rules Shall Apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.
  6. Plan Approval Exceptions. Notwithstanding the general requirement to obtain an Erosion and Sedimentation Control Plan approval prior to undertaking land-disturbing activity, Plan approval shall not be required for land-disturbing activity that does not exceed one acre of land disturbance. No Erosion and Sedimentation Control Plan approval is required if a building permit has been obtained prior to the effective date of this subpart (October 1, 2007) and Erosion and Sedimentation Control Plan approval was not required under State rules. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.