§ 50-105. Prohibited acts; exemptions.

(a)

Prohibited acts.

(1)

No person may develop or make any change in the use of land or construct a structure or change the size of a structure, except as exempted in subsection (b) of this section, without first obtaining a permit which meets the minimum environmental protection standards set out in this division.

(2)

No building permit, development order or other form of construction approval shall be granted without the prior approval by the local government, of plans exhibiting the methods by which these minimum environmental protection standards shall be met.

(3)

For the purposes of this section, the following development may potentially alter or disrupt existing stormwater runoff patterns, and, as such, will, unless exempt pursuant to subsection (b) of this section, require a permit prior to the commencement of construction:

a.

Clearing and/or draining of land as an adjunct to construction;

b.

Clearing and/or draining of nonagricultural land for agricultural purposes;

c.

Converting agricultural lands to nonagricultural uses;

d.

Subdividing land;

e.

Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions;

f.

Changing the use of land and/or the construction of a structure, or a change in the size of one or more structures;

g.

Altering the shoreline or bank of any surface water body;

h.

Filling of depressional areas; and

i.

The lowering of the water table.

(b)

Exemptions. The following activities may be exempt from these standards:

(1)

Single-family and duplex residences and accessory structures.

(2)

Bona fide agricultural pursuits, including forestry, except where an artificial drainage system will be used to increase the flow of surface water from the applicant's land.

(3)

Maintenance work performed on existing mosquito control drainage canals for the purpose of public health, safety and welfare.

(4)

Maintenance work on utility or transportation systems, provided such maintenance work does not alter the purpose and intent of the drainage system as constructed.

(5)

Any maintenance, alteration, renewal, use or improvement to an existing structure not changing or affecting rate or volume of stormwater runoff.

(6)

Publicly owned landfills permitted under state regulations.

(7)

The one-time construction of any structure or addition not otherwise exempt and does not exceed 4,000 square feet of impervious or semi-impervious surface area subject to vehicular traffic. This area includes roads, parking lots, driveways, and loading zones;

(8)

Construction which does not exceed 5,000 square feet of building area or other impervious area not subject to vehicular traffic.

(Ord. No. 88-15, §§ 201.00—201.02, 5-19-88; Ord. No. 97-5, § II, 2-6-97)