WILLIAM DONALD SCHAEFER, Governor Ch. 536

(A)  THE FOLLOWING AGRICULTURAL AND FORESTRY ACTIVITIES ARE
EXEMPT FROM THE APPROVAL AND MITIGATION REQUIREMENTS OF THIS
SECTION:

(1)  AGRICULTURAL ACTIVITIES UNDERTAKEN IN ACCORDANCE
WITH PUBLIC DRAINAGE REGULATIONS;

(2) AGRICULTURAL AND FORESTRY ACTIVITIES THAT DO NOT
DRAIN, DREDGE, OR FILL EXPANDED AREAS OF NONTIDAL WETLANDS,
INCLUDING THE REPAIR AND MAINTENANCE OF EXISTING FARM PONDS,

DRAINAGE DITCHES, CHANNELS, SUBSURFACE DRAINS, CAUSEWAYS

BRIDGES, OR WATER CONTROL STRUCTURES;

(2)  EXISTING AGRICULTURAL AND FORESTRY ACTIVITIES,
INCLUDING THE REPAIR AND MAINTENANCE OF EXISTING FARM PONDS,
DRAINAGE DITCHES, CHANNELS, SUBSURFACE DRAINS, CAUSEWAYS,
BRIDGES, OR WATER CONTROL STRUCTURES, PROVIDED THAT THEY- DO NOT
DRAIN, DREDGE, FILL, OR CONVERT NONTIDAL WETLANDS ON WHICH
AGRICULTURAL AND FORESTRY ACTIVITIES ARE NOT PRESENTLY CONDUCTED;

(3)  AGRICULTURAL AND FORESTRY ACTIVITIES ON AREAS
LYING THAT HAVE LAID FALLOW AS PART OF A CONVENTIONAL ROTATIONAL
CYCLE OR DUE TO A CIVIL ACTION INVOLVING OWNERSHIP OF THE
PROPERTY;

(4)  AGRICULTURAL AND FORESTRY ACTIVITIES ON AREAS
THAT HAD BEEN SET ASIDE OR TAKEN OUT OF PRODUCTION UNDER A FORMAL
STATE OR FEDERAL PROGRAM;

(5)  FORESTRY ACTIVITIES NOT REQUIRING AN EROSION AND
SEDIMENT CONTROL PLAN;

(6)  CONSTRUCTION OR MAINTENANCE OF FOREST ROADS AND
SKID TRAILS IN ACCORDANCE WITH BEST MANAGEMENT PRACTICES; AND

(7)  OTHER ACTIVITIES THAT MAY BE EXEMPTED BY THE
DEPARTMENT BY REGULATION TO MAINTAIN CONSISTENCY WITH FEDERAL
LAW.

(B)  (1) AFTER DECEMBER 31, 1990, AGRICULTURAL ACTIVITIES
CONDUCTED IN NONTIDAL WETLANDS THAT ARE NOT EXEMPTED UNDER
SUBSECTION (A) OF THIS SECTION REQUIRE THE SOIL CONSERVATION
DISTRICT TO APPROVE A SOIL CONSERVATION AND WATER QUALITY PLAN
THAT CONTAINS MEASURES BEST MANAGEMENT PRACTICES TO PROTECT
NONTIDAL WETLANDS IN COMPLIANCE WITH REGULATIONS ADOPTED BY THE
DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE.

(2) AFTER DECEMBER 31, 1990, FORESTRY ACTIVITIES
REQUIRED TO HAVE AN EROSION AND SEDIMENT CONTROL PLAN THAT ARE
NOT EXEMPTED UNDER SUBSECTION (A) OF THIS SECTION SHALL
INCORPORATE NONTIDAL WETLANDS BEST MANAGEMENT PRACTICES IN
COMPLIANCE WITH REGULATIONS UNDER THIS SUBTITLE.

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