430.150 Exempt Activities.
A. Outright Exemptions. The following activities in a WQR or HCA are exempt from the provisions of this Section:
(1) Action taken on a building permit for any portion of a phased development project for which the applicant has previously met the applicable requirements of this Section, including the provision of a Construction Management Plan. This exemption applies so long as the building site for new construction was identified on the original application, no new portion of the WQR and/or HCA will be disturbed, and no related land use approvals have expired.
(2) Stream, wetland, riparian, and upland enhancement or restoration projects and development in compliance with a Natural Resource Management Plan or mitigation plan approved by the City, State or Federal agency.
(3) Emergency procedures or activities undertaken that are necessary to remove or abate hazards to person or property, provided that the timeframe for such remedial or preventative action is too short to allow for compliance with the requirements of this Section. After the emergency, the person or agency undertaking the action shall repair any impacts to the designated natural resource resulting from the emergency action; e.g., remove any temporary flood protection such as sandbags, restore hydrologic connections, or replant disturbed areas with native vegetation.
(4) The planting or propagation of plants categorized as native species on the City Plant List.
(5) Removal of plants categorized as nuisance species as listed in the City Plant List. After removal, all open soil areas shall be replanted and/or protected from erosion.
(6) Removal of trees under any of the following circumstances:
(a) The tree has been downed by natural causes, and no more than 500 sq ft of earth disturbance will occur in the process of removing the tree.
(b) The tree is categorized as a nuisance species and no more than 3 such trees will be removed from one property during any 12-month period, and no more than 500 sq ft of earth disturbance will occur in the process of removing the tree(s).
(c) The tree presents an emergency situation with immediate danger to persons or property. Emergency situations may include, but are not limited to, situations in which a tree or portion of a tree has been compromised and has damage, or is damaging structures or utilities on private or public property, or where a tree or portion of a tree is prohibiting safe passage in the public right-of-way. Examples are trees that have fallen into or against a house or other occupied building, or trees downed across power lines or roadways. This exemption is limited to removal of the tree or portion of the tree as necessary to eliminate the hazard. Any damage or impacts to the designated natural resource shall be repaired after the emergency has been resolved.
(d) Removal of the tree is in accordance with an approved Natural Resource Management Plan per Section 430.200.
(e) Major pruning of trees and shrubs within 10 ft of existing structures.
(7) Landscaping and maintenance of existing landscaping and gardens. This exemption extends to:
(a) The installation of new irrigation and drainage facilities.
(b) Erosion control features.
(c) Landscaping activities that do not involve the removal of native plants or plants required as mitigation.
(d) Landscaping activities that do not involve the planting of any vegetation identified as a nuisance species.
(e) Landscaping activities that do not produce anything that increases impervious area.
(f) Other changes that do not result in increased direct stormwater discharges to the WQR.
(8) Additional disturbance for outdoor uses, such as gardens and play areas, where the new disturbance area does not exceed 500 sq ft; does not involve the removal of any trees of larger than 6-in diameter; and is located at least 30 ft from the top of bank of a stream or drainage and at least 50 ft from the edge of a wetland.
(9) Routine repair and maintenance, alteration, demolition, and/or change of use of existing legal structures, provided that the following criteria are met:
(a) There is no change in the location or increase in the footprint of any portion of a building, impervious surface or outdoor storage area within a WQR or HCA.
(b) No other site changes are proposed that could result in increased direct stormwater discharges to a WQR. If the project will result in increased direct stormwater discharges, the proposal is subject to the Type II review process established in ZDC Chapter 630 Design Review.
(10) Routine repair and maintenance, alteration, and/or total replacement of existing utility facilities, accesses, streets, driveways, trails, walkways, and parking improvements (including asphalt overlays); provided that there is no new disturbance of the WQR or HCA, no increase in impervious area, no reduction in landscaped areas or tree cover, and no other change that could result in increased direct stormwater discharges to the WQR.
(11) Routine repair and maintenance of public and private stormwater facilities in accordance with a stormwater management plan approved by the City.
(12) Existing agricultural practices or uses, excluding buildings and structures, provided that such activities or uses do not result in increased direct stormwater discharges to WQR.
(13) Removal of debris.
(14) Change of ownership.
(15) Lot consolidations, as defined in ZDC Chapter 450 Subdivisions and Land Partitions.
(16) Activities and improvements in existing public rights-of-way.
(17) Establishment and maintenance of trails in accordance with the following standards:
(a) Trails shall be confined to a single ownership or within a public trail easement.
(b) Trails shall be located at least 15 ft from the top of bank of all water bodies.