11-865. Exemptions; exception
A. This article does not apply to:
1. Construction or operation incidental to construction and repair to irrigation and drainage ditches or appurtenances thereto, of regularly constituted districts or reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture or stock or poultry raising, or clearing or other work on land in rural areas for fire prevention purposes.
2. Devices used in manufacturing, processing or fabricating normally considered as involved in industry and construction, operation and maintenance of electric, gas or other public utility systems operated by public service corporations operating under a franchise or certificate of convenience and necessity.
B. Notwithstanding subsection A of this section, the requirements of this article apply to the use or occupation of land or improvements by a person or entity consisting of or including changing, remanufacturing or treating human sewage or sludge for distribution or resale.
C. If an owner of property that is classified as two(R) agricultural property pursuant to section 42-12002, paragraph 1, subdivision (a), (b) or (d) and that is exempt pursuant to this section desires to change the agricultural use of all or part of the property, the property owner shall not implement a change endangering public health or safety.