§ 33-4-104. APPLICABILITY AND EXEMPTIONS.  


Latest version.
  • (a)

    General prohibition.

    (1)

    Except as provided in this title, a person may not develop or redevelop any site without providing for appropriate stormwater management measures that control or manage stormwater runoff from the site.

    (2)

    The stormwater management measures shall be:

    (i)

    Consistent with the Design Manual; and

    (ii)

    Constructed in accordance with a plan approved by the Department.

    (b)

    Exemptions — Authorized. The following development activities are exempt from this title and the requirement to provide stormwater management:

    (1)

    Agricultural land management practices;

    (2)

    Additions or modifications to existing single-family, detached, or semidetached residential structures, if the additions or modifications comply with paragraph (3) of this subsection;

    (3)

    Developments that do not disturb more than 5,000 square feet of land area; and

    (4)

    Land development activities that the administration determines will be regulated under specific state laws which provide stormwater management no less stringent than the provisions of this title.

    (c)

    Same — Certification.

    (1)

    The Director shall certify an exemption when requested in writing.

    (2)

    When an exemption is certified, the exemption shall be final and conclusive.

    (3)

    A separate written request is required if there are subsequent additions, extensions, or modifications to sites receiving an exemption.

(1988 Code, § 14-155) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004)