§ 8.28.040. Exemptions.  


Latest version.
  • The following activities are exempt from excavation and dirt-moving provisions:

    A.

    Any "excavation and dirt-moving activity" required by the EPA or MDEQ or potentially responsible party as part of general operations and maintenance, or as part of a removal or a remedial action in compliance with superfund law and the permanent remedy, provided that the Butte-Silver Bow county planning department is notified prior to the commencement of such EPA/MDEQ/PRP approved work.

    B.

    Any "excavation and dirt-moving activity" related to agricultural activities as defined by the Montana Department of Revenue, Property Assessment Division, specifically for the production of plants and/or animal pasturing, crops, and the raising and caring for crops, livestock or poultry and provided that such activities do not take place in an area where a soil cap has been used as a superfund response action by the EPA and/or the MDEQ.

    C.

    Any "excavation and dirt-moving activity" related to the production, harvesting and logging of timber and timber products and provided that such activities do not take place in an area where a soil cap has been used as a superfund remedy by the EPA and/or the MDEQ.

    D.

    Any "excavation and dirt-moving activity" related to emergency responses including utility emergencies such as potable water line breaks, sanitary sewer line breaks, stormwater sewer line breaks, drain blockages, electric power emergencies (transmission and/or distribution), natural gas or propane emergencies (transmission and/or distribution), land management practices posing an immediate danger to life or property, or substantial flood or fire hazards. These actions shall follow the substantive provisions of the excavation and dirt moving protocols to the extent practicable, and entities who perform these activities shall notify EPA and MDEQ of these activities as soon as practicable.

    E.

    Any "excavation and dirt-moving activity" related to emergency land management practices necessitated by fire, flood, windstorm, earthquake, structural failure or other catastrophic events. Within five days after commencement of such activity, the owner shall notify Butte-Silver Bow planning department of the action with an explanation of why emergency action was necessary. No notification is required prior to an emergency land management action. Reasonable care should be taken to minimize soil disturbance and erosion during the conduct of emergency land management practices; and

    F.

    Any "excavation and dirt-moving activity" removing a volume of soil less than one cubic yard in the BPSOU or less than three cubic yards in all remaining areas of the excavation and dirt-moving control district.

( Ord. No. 13-6, 9-7-2013 )