The following land-disturbing activities are exempt from the requirement to comply with the soil erosion and sediment control provisions of this chapter, except as noted below and in Section 540 (Soil Erosion and Sediment Control: Applicability):

(a) For an individual house, townhouse, or rowhouse:

(1) Gardening;

(2) Landscaping;

(3) Repairs;

(4) Maintenance;

(5) Stormwater retrofits, provided that:

(A) The soil allows for percolation; and

(B) The retrofit location is no closer than ten feet (10 ft.) from a building foundation;

(6) Utility service connection, repair, or upgrade;

(b) A project for which the total cost is less than nine thousand dollars ($9,000);

(c) Tilling, planting, or harvesting of agricultural or horticultural crops;

(d) Installation of fencing, a gate, signpost, or a pole;

(e) Emergency work to protect life, limb or property, and emergency repairs, except that the following is not exempted to the extent described:

(1) The land disturbed must still be shaped and stabilized in accordance with the requirements of this chapter;

(2) Generally applicable control measures shall be used; and

(3) A plan shall be submitted within three (3) weeks after beginning the emergency work; and

(f) Activities that disturb less than fifty square feet (50 ft²).

SOURCE: Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).