(A) The Tar-Pamlico riparian buffer protection rule, 15A NCAC 2B .0734, and Neuse riparian buffer rule, 15A NCAC 02B .0714, require that 50-foot riparian buffers be maintained on all sides of intermittent and perennial streams, ponds, lakes and estuarine waters in the basin. The buffer rule provides for certain "allowable" uses within the buffer with NCDEQ approval, such as road and utility crossings.
(B) The city shall disapprove any new development activity proposed within the first 50 feet adjacent to a waterbody that is shown on either the USGS 7.5 minute topographic map or the NRCS soil survey map unless the owner can show that the activity has been approved by NCDEQ. NCDEQ approval may consist of the following:
(1) An on-site determination that surface waters are not present;
(2) An authorization certificate from NCDEQ for an "allowable" use such as a road crossing or utility line, or for a use that is "allowable with mitigation" along with a NCDEQ-approved mitigation plan. A table delineating such uses is included in the buffer rule;
(3) An opinion from NCDEQ that vested rights have been established for the proposed development activity; and/or
(4) A letter from NCDEQ documenting that a variance has been approved for the proposed development activity.
(C) After site development, it shall be the responsibility of the landowner or person in possession or control of the land to properly maintain all SCMs necessary to meet the requirements of the riparian buffer rules.
(Ord. No. 24-021, § 1, passed 4-11-2024)