§ 27-6. Regulated activities.

The city has determined that the activities set forth below may harm the city's waterworks or pollute the city's water supply. Subject to the exceptions provided for in section 27-7 below, it shall be unlawful for any person to engage in any of the specified activities within the area of the city's jurisdiction as defined in this chapter without first obtaining a permit from the city authorizing such activity:

(1)

Excavation, dredging, filling, grading, or compaction of any topsoil, sand, rock, dirt or other material over an area in excess of 0.5 acre;

(2)

Any surface or subsurface mining or mineral resource extraction, including any and all oil and/or natural gas extraction or mining;

(3)

Use of any restricted use pesticide (RUP), herbicide, fungicide, rodenticide, insecticide or any other chemical for eradication or control of any plants or animals that is within one hundred (100) feet of any watercourse;

(4)

Removal of any vegetation or trees by any method over an area in excess of 0.5 acre;

(5)

Construction, maintenance and/or operation of any sewage treatment disposal system with an average design capacity greater than two thousand (2,000) gallons per day; provided that any sewage disposal system with an average design capacity less than two thousand (2,000) gallons per day is also subject to regulation under this chapter if it is not installed, operated and maintained in compliance with all applicable laws, rules, regulations, permits and Best Management Practices or is located within one hundred (100) feet of any watercourse;

(6)

Any of the activities prohibited in this section regardless of the amount of acreage affected if such activities are located in or within one hundred (100) feet of any water course, and/or if such activity is associated with the construction of any water diversion, storage or conveyance structure, including but not limited to such structures as diversion headworks, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, and pumps, and further including any equipment, buildings, structures, roads, and other facilities necessary for the construction, maintenance and operation of the structures;

(7)

Alteration, improvements or modification of any watercourse;

(8)

Dumping, depositing or discharging any pollutant into any watercourse, or dumping, depositing or storing any pollutant on land within one hundred (100) feet of any watercourse;

(9)

Construction, maintenance and/or operation of a surface or subsurface tank that stores chemicals, chemical waste, biological nutrient or material, radioactive material, petroleum product, or any industrial, municipal or agricultural waste, excepting residential propane tanks and septic systems not covered under subsection (e) above;

(10)

Construction of any impervious surface greater than twenty-five thousand (25,000) square feet that could direct any contamination or pollutant toward a watercourse or city waterworks;

(11)

Construction and operation of a feedlot unrelated to current farming and ranching operations;

(12)

Any other activity that will cause material injury, damage or harm to the city's water works or pollution of the city's water supply as reasonably determined by the city based upon the written recommendation of a licensed engineer or qualified professional which specifies the cause and extent of such injury, damage, harm or pollution.

Any limitation on acreage imposed by this section includes the cumulative amount of acreage encompassed by any and all proposed activities by any person on any contiguous or noncontiguous parcels of land that are part of the same plan, project or development.

(Ord. No. 2109, § 1(Exh. A), 6-5-07)