§ 72-883. Exemptions.

Activities which are exempted from this division include:

(1)

Nonmechanical clearing of wetland or buffer vegetation from an area of 500 square feet or less not to exceed 25 feet in width, for access to open water, provided the vegetation is removed from the wetland and disposed of on a suitable upland site.

(2)

Minor maintenance or emergency repair to existing structures or improved areas.

(3)

Clearing and construction of walking trails and timber catwalks for direct access to water bodies having no fill and six feet wide or less.

(4)

Overhead utility crossings; provided however, associated access roads shall be subject to the requirements of this division.

(5)

Maintenance, together with incidental dredge and fill activities in ditches, retention and detention areas, public road and other rights-of-way, and other related drainage systems.

(6)

Bona fide mosquito control activities favorably reviewed by the subcommittee on managed marshes and subsequently permitted by federal, state, or regional agencies.

(7)

Development within wetlands one-half acre or smaller; provided, however, if the entire wetland exceeds this threshold for exemption whether on one or more lots, then the entire wetland is regulated as otherwise provided in this article.

(8)

Development within artificial wetlands which are created as part of a manmade treatment system.

(9)

Development where a federal, state, regional, or local agency completed dredge and fill or wetland application was tendered to said government on or before the adoption of this article [December 7, 1989] or where said agencies have previously determined that no permit was required for a proposed development within one year prior to the adoption of this article; if a permit is aggrieved by the decision of the EMD on this issue, said person may appeal directly to the county council;

(10)

Bona fide agricultural uses; provided however, silviculture shall be regulated as provided in section 72-888.

(Ord. No. 89-52, § I, 12-7-89; Ord. No. 2008-25, § III, 12-4-08)