North Carolina § 113A-52 - 01. Applicability of this Article.

§ 113A-52. 01. Applicability of this Article.

This Article shall not apply to the following land-disturbing activities: Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. Dairy animals and dairy products. Poultry and poultry products. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. Bees and apiary products. Fur producing animals. Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, as adopted by the Department of Agriculture and Consumer Services. Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. For the duration of an emergency, activities essential to protect human life, including activities specified in an executive order issued under G.S. 166A-19.30(a)(5). Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2 (January 1, 2014 Edition). History (1993 (Reg. Sess., 1994), c. 776, s. 2; 1997-84, s. 1; 2014-100, s. 14.7(k); 2015-263, s. 19; 2016-113, s. 14; 2017-108, s. 6(a).) Editor's Note. - For conditional or temporary exemptions to this section, see the Editor's notes under G.S. 113A-1 . Effect of Amendments. - Session Laws 2014-100, s. 14.7(k), effective July 1, 2014, added "including activities specified in an executive order issued under G.S. 166A-19.30(a)(5) " at the end of subdivision (4). Session Laws 2015-263, s. 19, effective September 30, 2015, added subdivisions (5) and (6). Session Laws 2016-113, s. 14, effective July 26, 2016, substituted "production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture" for "breeding and grazing of livestock" at the beginning of subsection (1); and added subdivision (1)(g). Session Laws 2017-108, s. 6(a), effective July 12, 2017, in subdivision (2), substituted "standards defined by the" for "best management practices set out in" and substituted "Department of Agriculture and Consumer Services" for "Department."