§ 33-2-501. DISTURBANCE PROHIBITED; EXCEPTIONS.

(a)

Prohibited. Except as provided in subsection (b) of this section, development activities or other land disturbances, including commercial tree harvesting and agricultural activities, are prohibited in a habitat protection area.

(b)

Exceptions.

(1)

Subject to paragraphs (2), (3), and (4) of this subsection, development activities or other land disturbances are allowed in a habitat protection area if:

(i)

The Director of Environmental Protection and Sustainability certifies that:

1.

The location of and restrictions placed on the activities will provide for the continuity of wildlife habitat; and

2.

The activities avoid adverse effects to the functioning of the area or to the species dependent on it; or

(ii)

An alternatives analysis submitted by the applicant and approved by the Director of Environmental Protection and Sustainability clearly demonstrates that no other physically feasible alternative exists for the location of a road, trail, bridge, or utility.

(2)

Development activity or other land disturbances may not alter the structure and species composition of natural heritage areas.

(3)

The Director of Environmental Protection and Sustainability shall request and consider comment from the State Department of Natural Resources before providing certification under paragraph (1)(i) of this subsection.

(4)

If the Director of Environmental Protection and Sustainability approves an alternatives analysis under paragraph (1)(ii) of this subsection, the road, trail, bridge, or utility shall be located, designed, constructed, and maintained to:

(i)

Provide maximum erosion protection;

(ii)

Minimize adverse effects on wildlife, aquatic life, and the respective habitats; and

(iii)

Maintain hydrologic processes and water quality.

(c)

Restoration; mitigation.

(1)

The impacted area shall be restored following any disturbance allowed under subsection (b)(1)(ii) of this section.

(2)

The Department of Environmental Protection and Sustainability may require onsite or offsite mitigation to offset impacts to a habitat protection area, or the plant and wildlife habitats or species contained in the area, resulting from development activity.

(1988 Code, §§ 14-259, 26-451) (Bill No. 50-93, 1993, § 2, 7-10-1993; Bill No. 10-96, § 2, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)