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ORDINANCE NO. 88 - within 100 feet of the perimeter of the excavation, or mining activity. (k) Waterbody. Any natural or artificial pond, lake, reservoir or similar area which ordinarily contains water and which has a discernible shoreline. (1) Wetlands. Wetlands shall be defined as set forth in Section 23.3(f), Natural Resources Protection, Appendix A. Zoning, of the County Code of Laws and Ordinances, as currently adopted or hereafter amended. (3) Prohibited activity. It shall be illegal and subject to penalties provided herein for any person, association, corporation or other entity to excavate, or mine (as defined herein) any real property in Indian River County, without first obtaining a mining permit for such activity, except as exempted in Section 25(r)(4) of this ordinance. It shall also be unlawful for any excavation, or mining activity governed by a county permit issued in accordance with this ordinance to occur contrary to the conditions of such permit, subject to the penalties provided herein. (4) Exemptions. The following activities shall be exempted from the permitting requirements of this ordinance. (a) Agricultural use projects, including agricultural drainage canals, and irrigation work incidental to agricultural operation and stockwatering ponds, provided that: (1) The property is agriculturally zoned, or if the property is not so zoned, the agricultural use project is allowed in accordance with Section 25(j), Nonconformities, of the County Zoning Code; (2) No excavated material is removed from the subject property; (3) No excavation shall take place within fifty (50) feet of the property line; however, a ditch or canal may be excavated within fifty (50) feet of or along the property line, if written approval is obtained from affected property owners. (4) Wetlands are protected from the excavation ac- tivity, in accordance with the provisions of this ordinance. (b) Earth moving in conjunction with the installation of a utility, wherein the excavation is to be backfilled. (c) Construction of state, federal, or local public roads and public works within the limits of public property. (d) Graves. (e) Approved sanitary landfills. (f) Any activity regulated by the Florida Electrical Power Plant Siting Act and the Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions of this ordinance are pre-empted by said Acts. Maintenance activities undertaken by a public utility as defined in Section 366.02, F.S. (1983) with regard to existing electrical power plants, their reservoirs and other related facilities.