§ 18-3. Scope and exclusions.

(a)

Geographical scope of regulated land-disturbing activity. This chapter shall apply to land-disturbing activities within the territorial jurisdiction of Rowan County and as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law.

(b)

Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability of this ordinance to all land-disturbing activity, this chapter shall not apply to the following types of land-disturbing activity:

(1)

Those activities undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to:

(i)

Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts;

(ii)

Dairy animals and dairy products;

(iii)

Poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats;

(iv)

Bees and apiary products;

(v)

Fur-producing animals.

(2)

Those activities undertaken on forestland 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 Department. 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 subsection (2) shall apply to such activity and any related land-disturbing activity on the tract;

(3)

Activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the North Carolina General Statutes;

(4)

Land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a).

(5)

For the duration of an emergency, activities essential to protect human life.

(Amend. of 7-7-08)