16. A person may remove topsoil to sell it without a permit in the following cases:
(1) where his principal occupation is horticulture, in order to supply horticultural soil for his land, plants or hot beds, or plant or flower containers for sale;
(2) where his principal occupation is the sowing or growing of trees or shrubs, in order to supply horticultural soil for containers of trees or shrubs for sale;
(3) where his principal occupation is the sowing and cultivation of lawn turf for sale, provided that, at harvest time, he does not remove more than 2 cm depth of soil per year, and that, between harvests, he cultivates and fertilizes the soil adequately.
In the case in subparagraph 3, where the person is not the owner of the lot, he shall send to the commission, in addition to the declaration prescribed by section 17, a copy of the contract empowering him to use the lot for the purposes of subparagraph 3; the contract shall have a term of not less than 5 years and shall provide that the removal of lawn turf shall be carried out as provided in subparagraph 3.