§ 14-44.2. Exemptions.

The following specific activities and properties are exempt from having to comply with the provisions of section 14-44.1 and are not required to obtain a stream buffer variance:

(1)

A stream crossing by utility line is not required to obtain a county stream buffer variance.

(2)

Public water supply and public wastewater structures constructed by DeKalb County or by a contractor on behalf of DeKalb County.

(3)

Any encroachment undertaken by the state, or a contractor on behalf of the state.

(4)

Any county floodplain management home buyout project funded by GEMA or FEMA.

(5)

Any perpendicular road crossing that is undertaken by the county or a subcontractor on behalf of the county.

(6)

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

(7)

Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance activity in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices shall be allowed on the entire property for five (5) years after the end of the activities that intruded on the buffer.

(8)

Public access facilities that must be on the water, including boat ramps.

(Ord. No. 09-05, Pt. 1, 2-24-09)