18.65.048 Partial exemptions.
The following activities are partial exemptions to the provisions of this chapter and will require land use approval from the Director. The Director may require supporting application materials, such as documentation, prepared by a qualified professional to demonstrate compliance with partial exemptions:
(1) Landscaping. Normal maintenance and continuation of existing landscaping and gardens, within an identified critical area, that were legally established prior to City incorporation, provided the area is not expanded. This partial exemption shall be documented by photographs, statements, and/or other evidence provided by the applicant. The use of herbicide is permitted in wetlands and streams and their buffers only for the control of invasive vegetation. A State and Federally approved registered aquatic formulation shall be applied by a licensed aquatic herbicide applicator in wetlands and streams.
(2) Agricultural. Expansion or creation of agricultural uses within an identified critical area is not allowed subject to the provisions of this chapter. Agricultural activities in existence before the date of incorporation, in continuous operation, and for which the activity is supporting agricultural activity, are partially exempted from this chapter as follows:
(a) Mowing of hay, grass or grain crops;
(b) Tilling, dicing, planting, seeding, harvesting and related activities for pasture, food crops, grass seed or sod if such activities do not take place on steep slopes;
(c) Normal and routine maintenance of existing irrigation and drainage ditches not used by salmonids; and
(d) Normal and routine maintenance of farm ponds, fish ponds, manure lagoons and livestock watering ponds.
(3) Demolition of Structures. The applicant shall submit demolition permit(s) and associated temporary erosion and sedimentation control plan, as applicable.
(4) Normal and Routine Maintenance. Clearing, pruning, removal of nuisance vegetation, and normal and routine maintenance of trees and vegetation shall be subject to permitting requirements in Chapters 14.60, 16.05, and 18.45 CMC. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))