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

2. Session Law (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

3. Session Law (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

4. 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)

5. Management Strategies
State law [G.S B] 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

6. 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

7. 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
Expanded SL throughout Neuse and Tar-Pamlico
Session Law
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

8. 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

9. 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 and SL 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 ) when mitigation is provided
Department of Environmental Quality

10. 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

11. 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