§42-254.
Scope and Exclusions
A.
Geographical Scope of Regulated Land-Disturbing Activity. This subpart shall apply to land-disturbing
activity within the unincorporated areas of Henderson County and its municipalities as allowed by
agreement between local governments, other appropriate legal instrument or law. 
B.
Exclusions from Regulated Land-Disturbing Activity. Notwithstanding the general applicability of this
subpart to all land-disturbing activity, this subpart shall not apply to the following types of land-disturbing
activity:
(1)
An activity, including breeding and grazing of livestock, undertaken on agricultural land for the
production of plants and animals useful to man, including, but not limited to:
a.
forage and sod crops, grain and feed crops, tobacco, cotton, orchards and fruit crops, and
peanuts.
b.
dairy animals and dairy products.
c.
poultry and poultry products.
d.
livestock, including beef cattle, sheep swine, horses, ponies, mules, and goats.
e.
bees and apiary products.
f.
fur producing animals.
(2)
An activity undertaken on forestland for the production and harvesting of timber and timber
products and conducted in accordance with best management practices set out in Forest Practice
Guidelines Related to Water Quality, as adopted by NCDENR. If land-disturbing activity
undertaken on forestland for the production and harvesting of timber and timber products is not
conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions
of this subpart shall apply to such activity and any related land-disturbing activity on the tract.
(3)
An activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74
of the NCGS.
(4)
A land-disturbing activity over which the State has exclusive regulatory jurisdiction as provided in
(5)
An activity which is essential to protect human life during an emergency.
C.
Plan Approval Requirement for Land-Disturbing Activity. No person shall undertake any land-disturbing
activity subject to this subpart without first obtaining an Erosion and Sedimentation Control Plan approval
from the Soil Erosion and Sedimentation Control Administrator.
(1)
For the purpose of the subpart, an erosion control plan shall be required for:
a.
Any land-disturbing activity which uncovers one or more acres (43,560 square feet) of
land.
b.
Any land-disturbing activity which uncovers one-half (1/2) acre or more (21,780 square
feet) of land with an average slope of 16 percent (7.2 degrees) to 25 percent (11.25
degrees) in its natural state. The average slope shall be calculated only for the disturbed
area.
c.
Any land-disturbing activity which uncovers one-quarter (1/4) acre or more (10,890
square feet) of land with an average slope over 25 percent (11.25 degrees in its natural
state). The average slope shall be calculated only for the disturbed area.
D.
Protection of Property. Persons conducting land-disturbing activity shall take all reasonable measures to
protect all public and private property from damage caused by such activity.
E.
More Restrictive Rules Shall Apply. Whenever conflicts exist between federal, state, or local laws,
ordinances, or rules, the more restrictive provision shall apply.
F.
Plan Approval Exceptions. Notwithstanding the general requirement to obtain an Erosion and
Sedimentation Control Plan approval prior to undertaking land-disturbing activity, an Erosion and
Sedimentation Control Plan approval shall not be required for land-disturbing activity that does not exceed
the provisions as specified in §42-254 (Scope and Exclusions) C (Plan Approval Requirement for Land-
Disturbing Activity). No Erosion and Sedimentation Control Plan approval is required if a building permit
has been obtained prior to the effective date of this subpart (October 1, 2007) and Erosion and
Sedimentation Control Plan approval was not required under State rules. In determining the area, lands
under one or diverse ownership being developed as a unit will be aggregated.