Sec. 16.1-6. Terms beginning with "L" through "O."
(a) Land disturbing activity: Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the state, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include:
(1) Minor land disturbing activities such as home gardens and individual home landscaping, repair and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street, or sidewalk provided such land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced;
(4) Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system;
(5) Surface or deep mining;
(6) Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas;
(7) Tilling, planting or harvesting of agricultural, horticultural or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act Article 2, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with Chapter 11 (§ 10.1-1100 et. seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;
(8) Agricultural engineering operations including, but not limited to, the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Chapter 8.1 (Sec. 62.1-115.1 et. seq.), ditches, strip cropping lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;
(9) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
(10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
(11) Shore erosion control projects or projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the U.S. Army Corps of Engineers;
(12) Emergency work to protect life, limb, or property, and emergency repairs; provided that if the land disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter;
(13) Disturbed land areas of less than one thousand (1,000) square feet in size.
Best management practices will be encouraged to all exceptions to land disturbing activity.
(b) Land disturbing permit: A permit issued by the city for the clearing, filling, excavating, grading, or transferring, or any combination thereof, or for any purpose set forth herein.
(c) Licensed design professional: A professional engineer, land surveyor III B, or landscape architect certified and licensed by the Commonwealth of Virginia.
(d) Local erosion and sediment control program or local control program: An outline or explanation of the various elements or methods employed by the city to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinance, policies and guidelines, technical materials, inspection, enforcement and evaluation.
(e) Locality: The City of Lynchburg.
(f) Owner: The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. (Ord. No. O-93-039, 2-9-93; Ord. No. O-01-080, 4-24-01, eff. 5-1-01; Ord. No. O-09-121, 10-13-09)
Last updated date: 10/16/2009 8:39:08 AM