§ 19-37. When a floodplain district permit is required.

(a) A person must not engage in any land-disturbing activity within the floodplain district or within 25 feet of any boundary of the district unless the Department issues a floodplain district permit, except as provided in this section.

(b) A floodplain district permit is not required for:

(1) Any minor land-disturbing activity that:

(A) Disturbs less than 5000 square feet of ground surface area;

(B) Is promptly stabilized to prevent erosion and sedimentation; and

(C) Does not substantially block or impede the flow of water or change the cross-section of the floodplain.

(2) (A) Any accepted agricultural land management practice, except that construction of agricultural structures requires a floodplain district permit; or

(B) Any nursery operation, such as the removal or transplanting of cultivated sod, shrubs, and trees.

(3) Any federal or state project exempted under State or Federal law if the proposed work is performed on State or Federally-owned land.

(c) A person may engage in land-disturbing activity in the floodplain district or within 25 feet of any boundary of the district before a permit is issued if:

(1) the activity is required to prevent or reduce an imminent and serious threat to life, health, or property, or to maintain or repair electricity, gas, water, or telephone service in an emergency;

(2) the Director is notified, and proper sediment and erosion controls are installed, within 24 hours after the activity begins; and

(3) an appropriate permit application is filed within 72 hours if the activity is not complete by that time.

The Director at any time may order any work done before a permit is issued to be modified as necessary to comply with this Article. (1989 L.M.C., ch. 39, § 4; 1992 L.M.C., ch. 33, § 1.)