§ 8-19. Approval of land-disturbing activity.

(a)

Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land-disturbing activity is taking place. No person shall install a septic tank or drain field in a resource management area as defined in the Chesapeake Bay Preservation Ordinance, unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank or drain field is being installed.

(b)

Persons who own, occupy or operate private lands on which agriculture, horticulture or silviculture is practiced shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Code of Virginia, § 62.1-44.15:51. This exemption shall apply to silvicultural activities if there is full and continued compliance with silvicultural best management practices, developed and enforced by the state forester pursuant to Code of Virginia, § 10.1-1105, during and after the land-disturbing activity. This exemption shall not apply to land-disturbing activities including the clearing of trees for the purpose of establishing a residential lawn on land in an agriculturally zoned district where the use is residential.

(1)

This exemption shall also not apply to land which has been rezoned or converted, or which is proposed to be rezoned or converted, at the request of the owner or previous owner from an agricultural to a residential, commercial or industrial zoning district or use.

(2)

As determined by the environmental engineer, forest management for land to which this exemption does not apply shall be for the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the environmental engineer.

(3)

Any clear cut timbering shall be allowed only for the purpose of site development and shall be incorporated into the erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit.

(c)

General woodlot management conducted on lands that are in an agricultural zoning district and in conformance with sound silvicultural practices as confirmed by the state forester or professional arborist shall be exempt from the requirements of this chapter. For the purposes of this chapter, general woodlot management does not include the removal of stumps except for logging road and log deck construction.

(d)

The removal of uprooted tree stumps resulting from storm damage shall also be exempt from the requirements of this chapter.

(e)

Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall be exempt from the requirements of this chapter for projects that are exempt from local erosion and sediment control regulation pursuant to Code of Virginia, § 62.1-44.15:55(D); provided, however, that such companies shall comply with the filing requirements of Code of Virginia, § 62.1-44.15:55(D), as enforced by the department of conservation and recreation.

(f)

State agency projects are exempt from the provisions of this chapter except as provided for in Code of Virginia, § 62.1-44.15:56.

(Ord. of 4-9-14(3), § 1)

(Ord. of 4-9-14(3), § 1)