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Emergency activities necessary to prevent an immediate threat to public health, safety, welfare or property, or to prevent an imminent threat of serious environmental degradation, are allowed without prior approval in wetlands, fish and wildlife habitat conservation areas or buffers, based on the criteria set forth in this section:

(1) The activity must be the minimum necessary to alleviate the emergency;

(2) The project proponent shall notify the department prior to any action taken to remedy an emergency. If prior notification is not feasible, the project proponent shall notify the department within 48 hours of the action; and

(3) Applications for any required project permits necessary to satisfy compliance with this chapter are submitted to the department within 120 days of the start of the action taken. For actions not requiring permits, compliance with this chapter shall occur within a reasonable time period not to exceed twelve months. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007).