The buffers must be shown on all development plans, preliminary plats and final plats that contain land area within the protected surface waters.
Riparian buffers within Tar-Pamlico River Basin. As required by 15A NCAC 02B.0259 (Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers), a 50-foot wide riparian buffer shall be maintained directly adjacent to all perennial and intermittent streams, including lakes, ponds, and other bodies of water, excluding wetlands. Where obvious conflicts exist between actual field conditions and USGS and county soil survey maps, appeals may be made to the DWQ. The city will not approve any development plans that include land area within the fifty (50) feet of the banks of a protected surface water feature except where one of the following apply:
- The development plans does not propose to impact the riparian buffer or,
- The property owner has received approval from DWQ. Approval by the DWQ may be in the form of the following:
- An on-site determination by the DWQ in writing that the feature in question is not a protected surface water feature.
- A permit for the proposed construction activity.
- An authorization certificate and approval on a mitigation plan for a use designated as allowable with mitigation.
- A variance from DWQ and/or the Environmental Management Commission.
Riparian buffers within Roanoke River Basin. A 30-foot wide riparian buffer shall be maintained directly adjacent to all perennial and intermittent streams, including lakes, ponds, and other bodies of water, excluding wetlands. Where obvious conflicts exist between actual field conditions and USGS and county soil survey maps, appeals may be made to the stormwater administrator.
- No development shall take place within the riparian buffer without city permission.
- The Table of Uses in15A NCAC 02B.0259 (6) shall be utilized as a guide for determining the exempt, allowable, allowable with mitigation or prohibited activity within the buffer.
- Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation.
- Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow before the runoff enters the riparian buffer.
- Periodic corrective action to restore diffuse flow shall be taken as necessary to impede the formation of erosion gullies.
Delineation of buffers.
- For streams: The buffer shall begin from the top of bank or the rooted herbaceous vegetation and extend landward the total distance as stated in sections for Tar Pam and Roanoke, measured horizontally on a line perpendicular to the stream on both sides of the stream.
- For lakes, ponds, and reservoirs: The buffer shall extend out landward the total distance from the normal water mark of the surface water or rooted herbaceous vegetation, measured horizontally on a line perpendicular to the surface water.