Secondary and Cumulative Impacts Master Management Plan - 2014

Article 6: Riparian Buffers Section 6.4. Identification of Riparian Buffers 6.3.2. Riparian Buffer Zones

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 with Section 6.8, Uses and Activities Permitted in Riparian Buffers. 1. 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. 2. 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.

SECTION 6.4. IDENTIFICATION OF RIPARIAN BUFFERS 499

6.4.1. Surface Waters with Riparian Buffers

A. General Except as provided in subsection B below, riparian buffers subject to this section shall be required along all surface waters in the Neuse River Basin and the Jordan Lake watershed identified on designated maps (Section 6.4.2) or by on-site determinations (Section 6.4.3).

B. Exception

Riparian buffers shall not be required along mapped surface waters where an on-site determination in accordance with Section 6.4.3 shows that mapped surface water is: 1. A man-made pond or lake that is not part of a natural drainage way classified in accordance with 15A NCAC 2B .0100, including ponds and lakes created for animal watering, irrigation, or other agricultural uses (A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream.);

2.

An ephemeral stream;

3. Lacks on-the-ground evidence of a corresponding intermittent or perennial stream, lake, reservoir, or pond; or 4. A ditch or other man-made water conveyance other than a modified natural stream.

499 This carries forward and consolidates those parts of Sec. 7.A and 7B in the current Riparian Buffer Ordinance used to identify those water surfaces along which riparian buffers are required, including the maps used to identify them and corrections through on-site determinations..

April 2013 Page 6-4

Morrisville, NC

Unified Development Ordinance - Public Review Draft