§ 27-335. Exemptions.

The following projects are exempt from license requirements:

(1)

The excavation of a new lake or pond of less than one (1) acre in size that is totally isolated from surface waters or wetlands and does not exchange water with any surface water body or wetland. For the purpose of this exemption, the area of the excavation shall be measured at the elevation of the average annual water table.

(2)

All licensed or permitted excavations designed to be constructed with an impervious bottom and sides, including but not limited to sewage treatment ponds, industrial or wastewater ponds, lagoons and swimming pools.

(3)

The filling of any excavation that has been constructed with an impervious bottom and sides with clean fill.

(4)

Any temporary excavation in nonwetlands areas constructed for the purpose of demucking, site runoff control or erosion control, or the removal of materials unsuitable for construction, for the purpose of preparing land for development, providing that the excavation is designed to be filled to at or above the average annual water table with clean fill or original suitable fill from on-site operations.

(5)

The maintenance of existing residential or agricultural drainage ditches and canals, and intake or discharge canals, provided that the maintenance work be conducted in accordance with the original design specifications or construction specifications, whichever is most restrictive, and that the ditch or canal does not negatively impact, drain or pass through wetland areas. The material removed from the existing ditch must be placed on the uplands and disposed of in an approved manner. Water quality standards must not be violated as a result of the maintenance activity.

(6)

Projects for which Broward County, through EPGMD, is the project manager. EPGMD shall ensure that all actions undertaken as part of the project comply with the requirements of this Article.

(7)

United States Army Corps of Engineers dredging projects for which Broward County is a local sponsor, provided that the Port Everglades Department submits notice to the County Administrator of its intent to proceed under this exemption, and the County Administrator, through the County's participation in the planning and design of the project, is able to ensure that potential impacts of the project are properly addressed.

(8)

Maintenance dredging conducted by the Port Everglades Department, if the County Administrator determines that the dredging to be performed is no more than is necessary to restore previously dredged areas to original design specifications or configurations, previously undisturbed natural areas are not significantly impacted, all other federal and state authorizations are obtained and complied with, best management practices are followed, and EPGMD is notified at least thirty (30) days before the commencement of maintenance dredging.

(Ord. No. 90-49, § 1(27-11.07), 12-18-90; Ord. No. 93-49, § 2, 11-23-93; Ord. No. 2004-39, § 4, 11-09-04; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2013-36, § 1, 11-12-13)

Note— Formerly, § 27-337; former § 27-335 is now § 27-337.