5.06.060 Non-Prohibited Discharge of Dredged or Fill Material

(a) The following activities are not prohibited by or otherwise subject to regulation under this chapter;

(1) The selective removal of the natural products of the wetlands by recreational and commercial fishing, shellfishing, aquaculture, silviculture, hunting or trapping shall be excluded from regulated activities, where otherwise allowed pursuant to Akwesasne cultural traditions, laws or regulations;

(2) The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, selective harvesting of natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities;

(3) The Environment Division shall develop and publish a list of medicinal plants, shrubs and herbs found in the wetlands of Akwesasne. Any person engaged in the collection, harvest or growth of such plants for non-commercial consumption shall be exempt from the permitting requirements of this chapter;

(4) Maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways and bridge abutments or approaches, and transportation structures;

(5) Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;

(6) Construction of temporary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters;

(7) Construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized;

(8) Prior Converted Farmlands. The Environment Division finds that due to the pressures of outside forces, certain lands once converted to agricultural uses, have been left fallow, and for various reasons may know fall within the regulatory definition of Wetlands. The Environment Division may, on a case by case basis and in its sole discretion, exempt activities taking place on such prior converted farmlands from any or all parts of this chapter. In order to qualify for the exemption, the applicant must present to the Environment Division some credible evidence of the use of the particular parcel as farmlands. In making its determinations under this subsection, the Environment Division shall favor conversion to agricultural and residential uses over conversion for commercial uses.

(9) Single-Family Housing. Discharges of dredged or fill material into wetlands for the construction and expansion of a single-family home and attendant features (such as a garage, driveway, storage shed, and/or septic field) is allowed for an individual permittee provided the activity meets all of the following criteria:

(A) The discharge does not cause the loss of more than 1/4 acre of wetland;

(B) The permittee notifies the Environment Division in accordance with rules to be promulgated by the Environment Division;

(D) The discharge is part of a single and complete project;

(E) This subsection applies only to single-family homes to be used for a personal residence;

(F) Sufficient vegetated buffers must be maintained adjacent to all open water bodies, streams, etc., to preclude water quality degradation due to erosion and sedimentation.

(G) For the purposes of this subsection, the term "individual permittee" refers to a natural person and/or a married or co-habitating couple, but does not include a corporation, partnership, or similar entity.