May 11, 2016 Study of the State’s Riparian Buffer Protection Program Pursuant to SL 2015-246 Karen Higgins, Division of Water Resources

Session Law 2015-246 (13.2.)(a) The EMC, with the assistance of DEQ, shall examine ways to provide regulatory relief from the impacts of buffer rules for parcels of land platted before the effective date of the applicable rule. EMC was tasked to specifically examine ways to fairly provide properties with relief where a change in use had occurred that would otherwise trigger the buffer rules. Such relief would be determined on a case-by-case basis Would provide relief to successor owners Department of Environmental Quality

Session Law 2015-246 (13.2.)(a) As specified in the SL, a change in use did not include: Developing from a vacant condition to a use allowed by the current local regulations, the parcel was recorded prior to the effective date of the applicable buffer rule, and the allowable use is for any nonfarming or nonagricultural purpose The property configuration has not been altered except as a result of either an eminent domain action or a recombination involving not more than three parcels, all of which were recorded before the effective date of the applicable buffer rule Department of Environmental Quality

Management Strategies Jordan Tar-Pamlico Catawba Neuse Randleman Goose Creek Catawba River Basin (Jun. 30, 2001) Neuse River Basin (Jul. 22, 1997/ Aug. 1, 2000) Goose Creek Watershed (Feb. 1, 2009) Tar-Pamlico River Basin (Aug. 1, 2000) Randleman Lake Watershed (Apr. 1, 1999/Jun. 1, 2010) Jordan Lake Watershed (Aug. 1, 2009, Sept. 1, 2011)

Management Strategies State law [G.S. 143-215.8B] requires both point and non-point sources jointly share the responsibility of reducing pollutants in the state’s waters Protection of existing riparian areas Wastewater discharges Urban stormwater management Agricultural nitrogen reduction Fertilizer management Nutrient offset Department of Environmental Quality

Uses in the Buffer Present and ongoing (i.e. existing uses): may remain in the buffer Exempt: allowed in the riparian buffer without approval from the Division or Local Government Allowable: may occur in the buffer on a case-by-case basis with approval from the Division or Local Government Allowable with mitigation: may occur in the buffer on a case-by-case basis with approval from the Division or Local Government when mitigation is provided Prohibited: may not proceed within the buffer unless a variance is granted

Session Law Changes Session Law 2011-394 Session Law 2012-200 Established a new “allowable” use in the coastal counties (Neuse and Tar-Pamlico), which allows case-by-case approval for encroachment into Zone 2 if necessary to construct a residence on an existing lot Session Law 2012-200 Expanded SL 2011-394 throughout Neuse and Tar-Pamlico Session Law 2015-246 Established a new “allowable” use, which allows case-by-case approval to remove woody vegetation upon a showing that alternative measures (e.g. buffer mitigation, stormwater treatment) will provide equal or greater water quality protection. Changed the start point of the buffer from the landward edge of the coastal marsh to the normal high water level or normal water level Department of Environmental Quality

Ongoing Regulatory Review Pursuant to G.S. 150B-21.3A, the Commission reviewed the riparian buffer protection rules and determined them to be “necessary with substantive interest.” Department is currently reviewing existing regulations that govern the riparian buffer protection rules Draft revisions include numerous steps to reduce the regulatory burden of these rules, especially for parcels of land platted prior to the applicable riparian buffer protection rule Revisions based on staff and stakeholder input Department of Environmental Quality

Additional Ways to Provide Regulatory Relief Establish a new “allowable with mitigation” use for lots with residences constructed prior to the applicable buffer rule Allow case-by-case approval for uses in the buffer when mitigation and stormwater treatment is provided for any new structure or built-upon area in the buffer Expand the “allowable” use established in SL 2011-394 and SL 2012-200 to the Jordan and Randleman Lake Watersheds Establish a new “allowable with mitigation” use Allow case-by-case approval for encroachment into Zone 1 if necessary to construct a residence on an existing lot (as defined in SL 2011-394) when mitigation is provided Department of Environmental Quality

Additional Ways to Provide Regulatory Relief Modify the variance process by allowing major variance decisions to be made by the Director of the Division of Water Resources (Division) instead of the Commission Modify the hardships (criteria) that must be met to receive a variance, including removing the requirement that applicants purchase the property prior to the effective date of the applicable buffer rule Clarify that change of ownership through purchase or inheritance is not a change of use Department of Environmental Quality

WQC Request DWR requests approval to proceed to the EMC, at which time we will request approval of the proposed study Department of Environmental Quality