§ 50-72. Prohibitions and exemptions.

No person shall (1) develop any land, (2) engage in any industry or enterprise, (3) construct, operate or maintain any landfill, hazardous waste treatment, disposal or recovery facility, or any other industrial or related facility, (4) dispose of any hazardous or toxic substance or other pollutant or (5) otherwise prevent the transport of sediment and other pollutants associated with stormwater runoff beyond property boundaries without having provided for compliance with this article.

The following development activities are exempt from the provisions of this article:

(1)

Land disturbing activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices and minimum erosion protection measures established by the South Carolina Forestry Commission pursuant to G.S. 1976 § 48-18-70, as amended.

(2)

Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of Title 48, the South Carolina Mining Act.

(3)

Certain land disturbing activities undertaken by persons who are exempt from the provisions of the Stormwater Management and Sediment Reduction Act as set forth in G.S. 1976 § 48-14-40, as amended.

(4)

Land disturbing activities on agricultural land for production of plants and animals, including, but not limited to: forages 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 these animals; bees, fur animals, and aquaculture. The construction of an agricultural structure that requires the disturbance of one or more acres, such as, but not limited to, broiler houses, machine sheds, repair shops, coops, barns, and other major buildings shall require the submittal and approval of a land disturbance permit prior to the start of the land disturbing activity.

(Memo of 1-28-2013, § 3.2, 8-13-2007)