§ 826. Department action on land disturbance permit application.

(a)

If plans are approved by the district, or upon no action by the district and the expiration of the 35 days allowed for district review, applications for land-disturbance permits shall be issued or denied by the department of public development (as soon as practicable but in any event not later than 45 days after receipt by the department of public development of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance.

(b)

No land-disturbance permit shall be issued by the department of public development unless the erosion, sedimentation and pollution control plan has been approved by the district and the department of public development has affirmatively determined that the plan complies with the requirements of this division.

(c)

No land-disturbance permit shall be issued without issuance of a development permit, except in the case of a tertiary land disturbance permit (see section 828 of this article).

(d)

The permit may include conditions under which the activity may be undertaken.

(e)

If a permit applicant has had two or more violations of previous permits, this article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the department of public development may deny the permit application.

(f)

If the land-disturbance permit is denied, the reason for denial shall be furnished to the applicant.

(g)

When land-disturbance plan sets have been approved by the Oconee River Soil and Water Conservation District, at least one copy of said plans will be made available to the applicant. Land developers are required to maintain a copy of approved plan sets on the project site. The department shall retain at least one printed or electronic set of approved land-disturbance plans.

(Ord. No. 17-003 , § 1, 10-2-2017)