Agricultural activity as defined in this § 235-10 or as determined by the New York State Department of Agriculture and Markets.

Silvicultural activity, except that landing areas and log haul roads are subject to this § 235-10.

Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. The SMO shall have the sole discretion to determine if an activity is or is not a "routine maintenance activity."

Repairs to any stormwater management practice or facility deemed necessary by the SMO.

Any part of a subdivision if a plat for the subdivision has been approved by the Town of Montgomery and filed with the Orange County Clerk on or before June 7, 2005. Additionally, any site plan approved, signed by the appropriate municipal official and filed with the Town on or before June 7, 2005, shall be exempt.

Land development activities for which an unconditional building permit has been issued on or before June 7, 2005.

Cemetery graves.

Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles, provided no such installation shall result in any adverse impacts that this § 235-10 is designed to prevent or mitigate.

Emergency activity immediately necessary to protect life, property or natural resources.

Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.

Landscaping and horticultural activities in connection with an existing structure, provided that there is no disturbance of the stabilized topsoil.