§ 5-84. Scope and exclusions (county-wide).

This division shall apply to land-disturbing activities undertaken by any person in the Town of Chapel Hill, with the following exclusions:

(1)

Agricultural land. Those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals.

(2)

Forest land Those undertaken on forest land 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 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 division shall apply to such activity and any related land-disturbing activity on the tract.

(3)

Activities undertaken by persons as defined in G.S. 113A-52(8) who are otherwise regulated by the provisions of G.S. 74-46 through G.S. 74-68, the Mining Act of 1971.

(4)

State jurisdiction. Those land-disturbing activities over which the state by statute (G.S. 113A-56(a)), has exclusive regulatory jurisdiction, which are activities:

a.

Conducted by the state;

b.

Conducted by the United States;

c.

Conducted by persons having the power of eminent domain;

d.

Conducted by local governments;

e.

Funded in whole or in part by the state or the United States.

(Ord. No. 93-2-22/O-1, § 5)