§42-240.10
Statutory Exceptions (See §42-366 Variances)
Exceptions shall be granted from the 30 foot landward location of built-upon area requirement and deed
restrictions/protective covenants requirements in any of the following instances:
A.
When there is a lack of practical alternatives for a:
(1)
Road crossing,
(2)
Railroad crossing,
(3)
Bridge, 
(4)
Airport facility,
(5)
Utility crossing 
(6)
Stormwater management facility,
(7)
Stormwater management pond, or
(8)
Utility (including, but not limited to, water, sewer, or gas construction and maintenance corridor)
And such are located, designed, constructed, and maintained to:
(1)
Minimize disturbance, 
(2)
Provide maximum nutrient removal, 
(3)
Protect against erosion and sedimentation
(4)
Have the least adverse effects on aquatic life and habitat, 
(5)
Protect water quality to the maximum extent practicable through the use of BMPs, and 
(6)
Remain 15 feet landward of all perennial and intermittent surface waters (this provision applies
only to stormwater management facilities, stormwater management ponds, and stormwater
utility).
B.
Showing a Lack of Practical Alternatives. A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration, or density of the proposed activity and
all alternative designs, the basic project purpose cannot be practically accomplished in a manner which
would avoid or result in less adverse impact to surface waters.