§ 90-671. Exemptions.

(a)

Public utilities, railroads, public roads, and facilities. Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.) and the Stormwater Management Act (Code of Virginia, § 10.1-603.1 et seq.), (ii) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality, or (iii) local water quality protection criteria at least as stringent as the above state requirements, are deemed to comply with this article.

(b)

Local utilities and other service lines. Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from the overlay district, provided that:

(1)

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

(2)

No more land shall be disturbed than is necessary to provide for the proposed utility installation;

(3)

All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits, and designed and conducted in a manner that protects water quality; and

(4)

Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of the county.

(c)

Silvicultural activities. Silvicultural activities are exempt from the requirements of this article, provided that silvicultural operations adhere to water quality protection procedures prescribed by the state department of forestry in the 1997 edition of "Forestry Best Management Practices for Water Quality in Virginia."

(d)

Resource protection areas. The following land disturbances in resource protection areas may be exempt from the overlay district, provided that they comply with the requirements listed below in subdivisions 1 through 3:

(1)

Water wells;

(2)

Passive recreation facilities such as boardwalks, trails, and pathways; and

(3)

Historic preservation and archaeological activities:

a.

Any required permits, except those to which this exemption specifically applies, shall have been issued; and

b.

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and

c.

The intended use does not conflict with nearby planned or approved uses.

d.

Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of the county.

(Ord. of 8-10-2004, § 17-541; Ord. No. O-18-02, § 1, 1-23-2018)

(Ord. of 8-10-2004, § 17-541; Ord. No. O-18-02, § 1, 1-23-2018)