§ 113A‑57. Mandatorystandards for land‑disturbing activity.
No land‑disturbingactivity subject to this Article shall be undertaken except in accordance withthe following mandatory requirements:
(1) No land‑disturbingactivity during periods of construction or improvement to land shall bepermitted in proximity to a lake or natural watercourse unless a buffer zone isprovided along the margin of the watercourse of sufficient width to confinevisible siltation within the twenty‑five percent (25%) of the buffer zonenearest the land‑disturbing activity. Waters that have been classified astrout waters by the Environmental Management Commission shall have anundisturbed buffer zone 25 feet wide or of sufficient width to confine visiblesiltation within the twenty‑five percent (25%) of the buffer zone nearestthe land‑disturbing activity, whichever is greater. Provided, however,that the Sedimentation Control Commission may approve plans which include land‑disturbingactivity along trout waters when the duration of said disturbance would betemporary and the extent of said disturbance would be minimal. This subdivisionshall not apply to a land‑disturbing activity in connection with theconstruction of facilities to be located on, over, or under a lake or naturalwatercourse.
(2) The angle for gradedslopes and fills shall be no greater than the angle that can be retained byvegetative cover or other adequate erosion‑control devices or structures.In any event, slopes left exposed will, within 21 calendar days of completionof any phase of grading, be planted or otherwise provided with temporary orpermanent ground cover, devices, or structures sufficient to restrain erosion.
(3) Whenever land‑disturbingactivity that will disturb more than one acre is undertaken on a tract, theperson conducting the land‑disturbing activity shall install erosion andsedimentation control devices and practices that are sufficient to retain thesediment generated by the land‑disturbing activity within the boundariesof the tract during construction upon and development of the tract, and shallplant or otherwise provide a permanent ground cover sufficient to restrainerosion after completion of construction or development within a time period tobe specified by rule of the Commission.
(4) No person shallinitiate any land‑disturbing activity that will disturb more than oneacre on a tract unless, 30 or more days prior to initiating the activity, anerosion and sedimentation control plan for the activity is filed with theagency having jurisdiction and approved by the agency. An erosion andsedimentation control plan may be filed less than 30 days prior to initiationof a land‑disturbing activity if the plan is submitted under an approvedexpress permit program, and the land‑disturbing activity may be initiatedand conducted in accordance with the plan once the plan has been approved. Theagency having jurisdiction shall forward to the Director of the Division ofWater Quality a copy of each erosion and sedimentation control plan for a land‑disturbingactivity that involves the utilization of ditches for the purpose of de‑wateringor lowering the water table of the tract.
(5) The land‑disturbingactivity shall be conducted in accordance with the approved erosion andsedimentation control plan. (1973, c. 392, s. 8; c. 1417, s. 5; 1975, c. 647, s.2; 1979, c. 564; 1983 (Reg. Sess., 1984), c. 1014, s. 3; 1987, c. 827, s. 131;1989, c. 676, s. 3; 1991, c. 275, s. 2; 1998‑99, s. 1; 1999‑379, s.2; 2002‑165, s. 2.6; 2005‑386, s. 7.2; 2005‑443, s. 2; 2006‑255,s. 2; 2006‑264, s. 53(a).)
§ 113A‑57. Mandatorystandards for land‑disturbing activity.
No land‑disturbingactivity subject to this Article shall be undertaken except in accordance withthe following mandatory requirements:
(1) No land‑disturbingactivity during periods of construction or improvement to land shall bepermitted in proximity to a lake or natural watercourse unless a buffer zone isprovided along the margin of the watercourse of sufficient width to confinevisible siltation within the twenty‑five percent (25%) of the buffer zonenearest the land‑disturbing activity. Waters that have been classified astrout waters by the Environmental Management Commission shall have anundisturbed buffer zone 25 feet wide or of sufficient width to confine visiblesiltation within the twenty‑five percent (25%) of the buffer zone nearestthe land‑disturbing activity, whichever is greater. Provided, however,that the Sedimentation Control Commission may approve plans which include land‑disturbingactivity along trout waters when the duration of said disturbance would betemporary and the extent of said disturbance would be minimal. This subdivisionshall not apply to a land‑disturbing activity in connection with theconstruction of facilities to be located on, over, or under a lake or naturalwatercourse.
(2) The angle for gradedslopes and fills shall be no greater than the angle that can be retained byvegetative cover or other adequate erosion‑control devices or structures.In any event, slopes left exposed will, within 21 calendar days of completionof any phase of grading, be planted or otherwise provided with temporary orpermanent ground cover, devices, or structures sufficient to restrain erosion.
(3) Whenever land‑disturbingactivity that will disturb more than one acre is undertaken on a tract, theperson conducting the land‑disturbing activity shall install erosion andsedimentation control devices and practices that are sufficient to retain thesediment generated by the land‑disturbing activity within the boundariesof the tract during construction upon and development of the tract, and shallplant or otherwise provide a permanent ground cover sufficient to restrainerosion after completion of construction or development within a time period tobe specified by rule of the Commission.
(4) No person shallinitiate any land‑disturbing activity that will disturb more than oneacre on a tract unless, 30 or more days prior to initiating the activity, anerosion and sedimentation control plan for the activity is filed with theagency having jurisdiction and approved by the agency. An erosion andsedimentation control plan may be filed less than 30 days prior to initiationof a land‑disturbing activity if the plan is submitted under an approvedexpress permit program, and the land‑disturbing activity may be initiatedand conducted in accordance with the plan once the plan has been approved. Theagency having jurisdiction shall forward to the Director of the Division ofWater Quality a copy of each erosion and sedimentation control plan for a land‑disturbingactivity that involves the utilization of ditches for the purpose of de‑wateringor lowering the water table of the tract.
(5) The land‑disturbingactivity shall be conducted in accordance with the approved erosion andsedimentation control plan. (1973, c. 392, s. 8; c. 1417, s. 5; 1975, c. 647, s.2; 1979, c. 564; 1983 (Reg. Sess., 1984), c. 1014, s. 3; 1987, c. 827, s. 131;1989, c. 676, s. 3; 1991, c. 275, s. 2; 1998‑99, s. 1; 1999‑379, s.2; 2002‑165, s. 2.6; 2005‑386, s. 7.2; 2005‑443, s. 2; 2006‑255,s. 2; 2006‑264, s. 53(a).)
§ 113A‑57. Mandatorystandards for land‑disturbing activity.
No land‑disturbingactivity subject to this Article shall be undertaken except in accordance withthe following mandatory requirements:
(1) No land‑disturbingactivity during periods of construction or improvement to land shall bepermitted in proximity to a lake or natural watercourse unless a buffer zone isprovided along the margin of the watercourse of sufficient width to confinevisible siltation within the twenty‑five percent (25%) of the buffer zonenearest the land‑disturbing activity. Waters that have been classified astrout waters by the Environmental Management Commission shall have anundisturbed buffer zone 25 feet wide or of sufficient width to confine visiblesiltation within the twenty‑five percent (25%) of the buffer zone nearestthe land‑disturbing activity, whichever is greater. Provided, however,that the Sedimentation Control Commission may approve plans which include land‑disturbingactivity along trout waters when the duration of said disturbance would betemporary and the extent of said disturbance would be minimal. This subdivisionshall not apply to a land‑disturbing activity in connection with theconstruction of facilities to be located on, over, or under a lake or naturalwatercourse.
(2) The angle for gradedslopes and fills shall be no greater than the angle that can be retained byvegetative cover or other adequate erosion‑control devices or structures.In any event, slopes left exposed will, within 21 calendar days of completionof any phase of grading, be planted or otherwise provided with temporary orpermanent ground cover, devices, or structures sufficient to restrain erosion.
(3) Whenever land‑disturbingactivity that will disturb more than one acre is undertaken on a tract, theperson conducting the land‑disturbing activity shall install erosion andsedimentation control devices and practices that are sufficient to retain thesediment generated by the land‑disturbing activity within the boundariesof the tract during construction upon and development of the tract, and shallplant or otherwise provide a permanent ground cover sufficient to restrainerosion after completion of construction or development within a time period tobe specified by rule of the Commission.
(4) No person shallinitiate any land‑disturbing activity that will disturb more than oneacre on a tract unless, 30 or more days prior to initiating the activity, anerosion and sedimentation control plan for the activity is filed with theagency having jurisdiction and approved by the agency. An erosion andsedimentation control plan may be filed less than 30 days prior to initiationof a land‑disturbing activity if the plan is submitted under an approvedexpress permit program, and the land‑disturbing activity may be initiatedand conducted in accordance with the plan once the plan has been approved. Theagency having jurisdiction shall forward to the Director of the Division ofWater Quality a copy of each erosion and sedimentation control plan for a land‑disturbingactivity that involves the utilization of ditches for the purpose of de‑wateringor lowering the water table of the tract.
(5) The land‑disturbingactivity shall be conducted in accordance with the approved erosion andsedimentation control plan. (1973, c. 392, s. 8; c. 1417, s. 5; 1975, c. 647, s.2; 1979, c. 564; 1983 (Reg. Sess., 1984), c. 1014, s. 3; 1987, c. 827, s. 131;1989, c. 676, s. 3; 1991, c. 275, s. 2; 1998‑99, s. 1; 1999‑379, s.2; 2002‑165, s. 2.6; 2005‑386, s. 7.2; 2005‑443, s. 2; 2006‑255,s. 2; 2006‑264, s. 53(a).)
