541

SOIL EROSION AND SEDIMENT CONTROL: EXEMPTIONS

541.1

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 § 540 (Soil Erosion and Sediment Control: Applicability):

(a) For a single- or two-family 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, eight hundred and twenty-two dollars and twenty-nine cents ($9,822.29);

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

(d) 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 to the Department's submittal database within three (3) weeks after beginning the emergency work; and

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

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating the text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 64 DCR 3794 (April 21, 2017); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020).