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Article 6: Riparian Buffers

Section 6.3. Riparian Buffers and Zones

6.2.3. Interpretation of Riparian Buffer Regulations

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 6-3

6.2.3.

Interpretation of Riparian Buffer Regulations

When interpreting the meaning or application of the riparian buffer regulations in this article, the Town

Engineer shall consider the clarification memos and other information developed and maintained by the

North Carolina Division of Water Resources.

6.2.4.

Records

The Town shall maintain on-site records for a minimum of five years, and shall furnish a copy of these records

to the North Carolina Division of Water Resources within 30 days of receipt of a written request for them.

Such records shall include the following:

A.

A copy of all variance requests;

B.

Findings of fact on all variance requests;

C.

Results of all variance proceedings;

D.

A record of complaints and action taken as a result of complaints;

E.

Records for stream origin calls and stream ratings; and

F.

Copies of all requests for authorization, records approving authorization, and Authorization Certificates.

SECTION 6.3. RIPARIAN BUFFERS AND ZONES

6.3.1.

Riparian Buffer

Riparian buffers subject to this section include all land (including wetlands) within 50 feet of, and directly

adjacent to, all sides of surface waters in the Neuse River Basin and the Jordan Lake watershed. (Wetlands

within a riparian buffer are also regulated pursuant to Rules 15A NCAC 2B .0230, and .0231, Rules 15A

NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control

Act.)

6.3.2.

Riparian Buffer Zones

Riparian buffers shall consist of two zones that have a combined width of 50 feet:

A.

Zone One

Zone One consists of a vegetated area that is undisturbed except for uses and activities allowed in

accordance wit

h Section 6.8, Uses and Activities Permitted in Riparian Buffers.

For intermittent and perennial streams, Zone One begins at the top of the bank and extends

landward on both sides of the stream a distance of 30 feet, measured horizontally on a line

perpendicular to a vertical line marking the top of the bank.

For ponds, lakes, and reservoirs located within natural drainageway, Zone One begins at the

normal water level and extends landward on all sides of the water body a distance of 30 feet,

measured horizontally on a line perpendicular to a vertical line marking the outer edge of the

normal water level.

B.

Zone Two

Zone Two consists of a stable, vegetated area that is undisturbed except for uses and activities allowed

in accordance with

Section 6.8, Uses and Activities Permitted in Riparian Buffers.

Zone Two begins at the

outer edge of Zone One and extends landward a distance of 20 feet, measured horizontally on a line

perpendicular to a vertical line marking the outer edge of Zone One.