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(1) The following directors may adopt a rule, under the rule-making provisions of chapter 30.82 SCC, applicable to projects that require a land disturbing activity permit:

(a) The director of the department of public works for projects performed under the authority of the director of public works or the county engineer; and

(b) The director of the department of conservation and natural resources for projects performed by the surface water management division of the department of conservation and natural resources.

(2) The rule authorized in subsection (1) of this section must:

(a) Establish administrative procedures and tools under which the department of public works and the department of conservation and natural resources will achieve and document compliance with the substantive requirements of this chapter, chapter 30.63A SCC, and other applicable provisions of this title during project stormwater site planning, design, environmental review and throughout construction administration and acceptance;

(b) Require identical or functional equivalents of plans and reports required by this chapter, chapter 30.63A and other applicable provisions of this title; and

(c) Implement the modifications and waivers provisions of SCC 30.63A.830 through 30.63A.842 without amendment, except that such provisions may be administered by the director of conservation and natural resources, the director of the department of public works, or the county engineer.

(3) For projects described in subsection (1) of this section, the director of the department of conservation and natural resources, the director of the department of public works, or the county engineer shall either:

(a) Submit a land disturbing activity permit application and the applicable fee payment to the department of planning and development services pursuant to SCC 30.63B.030 and 30.63B.040; or

(b) Design and construct the project in accordance with the provisions of the rule described in subsection (1) of this section.

(4) If the director of the department of conservation and natural resources, the director of the department of public works, or the county engineer chooses to administer any project according to the rule described in subsection (1) of this section and consultation with the department of planning and development services is desired to ensure compliance with this title, the department of conservation and natural resources or the department of public works shall follow the pre-application process described in SCC 30.70.020 to arrange the consultation. The department of conservation and natural resources or the department of public works shall pay the appropriate consultation fee established in SCC 30.86.510(2). (Added by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).