§ 31-9. Exemptions.

(a) Definitions.

(1) In general.

In this section, the following terms have the meanings indicated.

(2) Agricultural land management practices.

(i) In general.

"Agricultural land management practices" means those methods and procedures used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources.

(ii) Exclusions.

"Agricultural land management practices" does not include logging and timber removal operations.

(3) Best management practice.

"Best management practice" means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.

(b) Exempt activities.

The following activities are exempt from this Division III:

(1) agricultural land management practices;

(2) agricultural best management practices;

(3) clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and

(4) clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations.