§ 28-4. Scope of chapter and exclusions.

(a)

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

(b)

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

(1)

Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man including, but not limited to:

a.

Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.

b.

Dairy animals and dairy products.

c.

Poultry and poultry products.

d.

Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats.

e.

Bees and apiary products.

f.

Fur producing animals.

(2)

Activities undertaken on forestland for the production and harvesting of timber and timber products and 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 forest land 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 chapter shall apply to such activity and any related land-disturbing activity on the tract.

(3)

Activities for which a permit is required under the Mining Act of 1971, G. S. ch. 74, art. 7.

(4)

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

(5)

An activity which is essential to protect human life during an emergency.

(c)

Plan approval requirement for land-disturbing activity. No person shall undertake any land-disturbing activity subject to this chapter without first obtaining a land disturbance permit and any other plan approvals required from the town, state or federal government.

(d)

Protection of property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity, and any land disturbance abutting a property boundary or drainage swale within a public right-of-way shall require the installation of sediment fencing secured and staked along the length of the disturbed area.

(e)

More restrictive rules shall apply. Whenever conflicts exist between federal, state or local laws, ordinances or rules, the more restrictive provision shall apply.

(f)

Plan approval exceptions. A land disturbance permit is required prior to any land-disturbing activity. Other town requirements related to flood hazard prevention (chapter 22) or fill, stormwater and runoff management (chapter 34), may also be required. A sedimentation plan shall only be required if the disturbance exceeds 5,000 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.

(Ord. No. 09-04-017, § I, 4-1-2009; Ord. No. 14-01-002, Pt. III, 1-8-2014)