Maintenance Drainage - Eligibility Requirements
(1)Purpose. Removal and fill must be for the primary purpose of maintaining drainage to protect agricultural land.
(2)Land Use. The current land use must be agricultural land. For the purposes of this general permit, agricultural land means:
(a)Land currently used for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals, fish, or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof.
(b)Agricultural land also includes land used for the:
(A)On-site preparation, storage and disposal of the products or by-products raised on such land for human or animal use;
(B)Primary purpose of obtaining a monetary profitby stabling or training equines;
(C)On-site construction and maintenance of equipment and facilities used for the activities described in this subsection; or
(D)Growing trees exclusively as an agricultural, not forestry, commodity (e.g. cultured Christmas trees or hybrid cottonwood).
(3)Removal of Material. The excavation is limited to the minimum amount necessary to maintain drainage within existing bed and banks. Channel relocation is not allowed.
(4)Removal Threshold. The activity is limited to no more than a total of one hundred (100) cubic yards of material from below ordinary high water or below the elevation of highest measured tide, for each landowner, per calendar year.
(5)Disposal of Excavated Material. Material removed as a result of this activity may be placed in adjacent converted wetlands as long as the effects are temporary and do not result in a permanent conversion of wetland to upland.
(6)No Removal-Fill in SSW Allowed. Removal and fill under this general permit may not occur in waterways designated State Scenic Waterway (SSW) or waterways located in SSW Related Adjacent Lands.
Rule 141-093-0225 — Maintenance Drainage - Eligibility Requirements,