42-239.10 Statutory Exceptions (See 42-366 Variances)
Exceptions shall be granted from the 30 foot landward location of built-upon area requirement and deed restrictions/protective covenants requirements in any of the following instances:
- When there is a lack of practical alternatives for a:
- Road crossing,
- Railroad crossing,
- Bridge,
- Airport facility,
- Utility crossing
- Stormwater management facility,
- Stormwater management pond, or
- Utility (including, but not limited to, water, sewer, or gas construction and maintenance corridor)
And such are located, designed, constructed, and maintained to:
- Minimize disturbance,
- Provide maximum nutrient removal,
- Protect against erosion and sedimentation,
- Have the least adverse effects on aquatic life and habitat,
- Protect water quality to the maximum extent practicable through the use of BMPs, and
- Remain 15 feet landward of all perennial and intermittent surface waters (this provision applies only to stormwater management facilities, stormwater management ponds, and stormwater utility).
- Showing a Lack of Practical Alternatives. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters.