§ 33-3-104. SCOPE.

(a)

Development.

(1)

This title applies to all proposed development.

(2)

Section 33-3-111 of this title does not apply to developments that, before January 1, 1991:

(i)

Have been issued building permits;

(ii)

Have been issued grading permits and an executed public works agreement whenever required; or

(iii)

Have had substantial construction begun during the period before January 1, 1991 and thereafter the construction is pursued to completion with reasonable diligence.

(b)

Forest harvesting.

(1)

This title applies to all forest harvesting operations.

(2)

Section 33-3-111 of this title does not apply to forest harvesting operations that are implementing a forest management plan approved by the Department, the State Department of Natural Resources, the County Forest Conservancy District Board, or the County Soil Conservation District.

(c)

Surface mining operations.

(1)

This title applies to all surface mining operations.

(2)

Section 33-3-111 of this title does not apply to active surface mining operations that are operating in compliance with a state surface mining permit.

(3)

Reclamation of the affected land shall include:

(i)

The reestablishment of the original stream system to the degree possible, including the reestablishment of the stream channel, riverine floodplain and wetlands; and

(ii)

The establishment of forest buffers in accordance with §§ 33-3-111 and 33-3-112 of this title.

(d)

Forest buffers.

(1)

The basic purposes of the forest buffer standards and requirements outlined in this title apply to all agricultural operations.

(2)

The County Soil Conservation District shall administer forest buffer standards and requirements through the implementation of an approved soil conservation and water quality plan which includes the application of best management practices, such as the establishment of vegetative buffers and other water quality and stream protection measures.

(e)

Pollution, erosion, and degradation. Except as provided in subsection (d) f this section and § 33-3-107(d) f this title, this title applies to all parcels of land, structures, and activities that are causing or contributing to:

(1)

Pollution, including nonpoint source pollution, of the waters of this state within the county;

(2)

Erosion and sedimentation of stream channels; or

(3)

Degradation of aquatic and riparian habitat.

(1988 Code, § 14-333) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004)