§ 72-777. Prohibitions and exemptions.

(a)

Prohibitions. 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) herein, without first obtaining a stormwater management development permit as provided herein. For the purposes of this division, the following development may potentially alter or disrupt existing stormwater runoff patterns, and as such, will, unless exempt pursuant to subsection (b) hereof, require a permit prior to the commencement of construction:

(1)

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

(2)

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

(3)

Converting agricultural lands to nonagricultural uses;

(4)

Subdividing land;

(5)

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

(6)

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

(7)

Altering the shoreline or bank of any surface water body;

(8)

The permanent (long period) lowering of the water table; and

(9)

Filling of depressional areas.

(b)

Exemptions and concurrent review.

(1)

Except as provided in subsection (b)(3) below, the following activities shall be exempt from this division:

a.

Single-family and duplex residences and accessory structures;

b.

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;

c.

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

d.

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

e.

Any maintenance to an existing structure not changing or affecting rate or volume of stormwater runoff;

f.

The one-time construction of any structure or pavement not otherwise exempt and not exceeding 1,000 square feet of impervious area on or parallel to the ground;

g.

Publicly owned landfills permitted under state regulations.

h.

Subdividing of lands into four lots or less, each being one acre or larger in size where no new paved streets are proposed.

(2)

Developments which are subject to subdivision and/or site plan approval pursuant to divisions 2 and/or 3 of this article, shall not be required to submit a separate permit application for review pursuant to this article. Compliance herewith shall be included as a part of the review process pursuant to said divisions 2 and 3.

(3)

Notwithstanding any other provisions of this article, there shall be no harmful erosion by water of any soil or fill onto any adjacent public or private property.

(Ord. No. 88-40, §§ VIII, IX, 12-15-88; Ord. No. 96-32, §§ LIX, LX, 12-19-96; Ord. No. 2006-02, § II, 2-2-06; Ord. No. 2008-25, § III, 12-4-08)