Erosion, Flood, Stormwater & Watershed Standards 12.3 Erosion And Sedimentation Control Regulations
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12.3. Erosion And Sedimentation Control Regulations
12.3.1. Scope and Exclusions
The erosion and sedimentation control regulations of this article shall apply to land- disturbing activity by any person or persons, including the town, as provided for below:
A.
Applicability 1.
A Land Disturbance Permit shall be required for all land-disturbing of ½ acre (21,780 square feet) or more in surface area in accordance with Section 15.7.2 of this ordinance, this includes individual residences. 2. Single family lots being graded/built by the same builder/developer at the same time within the same subdivision, whether they are contiguous or non- contiguous, must obtain a Land Disturbance Permit if the total disturbance is 1/2 acre (21,780 square feet) or more in surface area. 3. The town may require a Land Disturbance Permit for land-disturbing activities that are less than 1/2 acre (21,780 square feet) in surface area where sediment control measures are needed to protect against off-site damages, in accordance with Section 15.7.2 of this ordinance. 4. Additionally, the Town requires a Land Disturbance Permit for activities in common plans of development or sale as a condition of NC Construction General Permit NCG01 regulations B. Compliance Required Regardless of Land Disturbance Permit Requirement: Erosion control devices must be installed to prevent any offsite sedimentation for any construction site regardless of the size of the land disturbance. Land-disturbing activity for which a Land Disturbance Permit is not required must still comply with the erosion and sedimentation control regulations of this article, unless specifically excluded in Section 12.3.1.C, below. C. Exclusions: This section shall not apply to the following types of land-disturbing activity: 1. An activity which is essential to protect human life during an emergency. 2. Land-disturbing activities undertaken on established bona-fide farms for the production of plants and animals, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including the breeding and grazing of any or all such animals; bees and apiary products; and fur animals. 3. Land-disturbing activities undertaken on forestland for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the North Carolina Department of Agriculture and Consumer Services. 4. Land-Disturbing activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. 5. Land-Disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS 113-56(a). Such activities include: a. Land-Disturbing activities conducted by the State. b. Land-Disturbing activities conducted by the United States. c. Land-Disturbing activities conducted by persons having the power of eminent domain. d. Land-Disturbing activities conducted by local governments, except that the Town of Wake Forest has declared that all the departments and agencies
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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