§ 15-255. Exemptions.

These regulations and the requirement to obtain a permit hereunder shall not apply to the following:

(1)

Any person or property owner clearing less than twenty (20) percent or thirty (30) feet, whichever is greater, of lands at or below the normal high water elevation, provided however, that the following shoreline vegetation is specifically excluded from this exemption:

a.

Tree species listed in F.A.C. § 62-401.400(2) and (3);

b.

Tree species listed in the vegetation index referenced in Orange County Code section 15-378(b);

c.

Any aquatic species which is listed by the Florida Department of Agricultural and Consumer Services as threatened, endangered or commercially exploited pursuant to F.S. § 581.185, as may be amended or replaced.

(2)

Emergency repairs on public or private projects necessary for the preservation of life, health or property, where taken to implement and accomplish the beneficial purposes of these regulations as set forth herein under such circumstances where it would be impractical to obtain approval from the board of county commissioners prior to making such emergency repairs.

(3)

Maintenance of publicly or privately owned portions of a structural stormwater or drainage control system which does not constitute major construction or rebuilding.

(4)

Mowing of terrestrial sod grasses which may incidentally become established on lake bottom (below NHWE) from adjacent lawns. The shoreline and lake bottom areas which can be mowed must not be inundated, and the exposed soils must be dry enough to support the mower so that incidental shoreline alteration does not occur. Disking (turning the soil with blades to uproot vegetation) is excluded from this exemption.

(5)

A property owner whose shoreline has previously been cleared where the clearing is continuously maintained. If shoreline vegetation is allowed to reestablish, this exemption from permitting shall not apply.

(6)

Any activities otherwise exempt pursuant to the special acts, as amended.

(Code 1965, § 36-165; Ord. No. 83-25, § 5, 5-31-83; Ord. No. 95-5, § 4, 4-4-95)