Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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Attachment 3 51 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 �„�„w Suite 201 (919) 644-3002 (FAX) 1114(J C01_11\1 �° Y P O. Box 8181 www.orangecountync.gov ^1011 t :1ARk) INA Hillsborough, NC 27278 �irr Uia�l//i I 1 0N � 021�o/Gcd�a r amw MEMORANDUM TO: Board of County Commissioners Bonnie Hamersley, County Manager Travis Myren, Deputy County Manager John Roberts, County Attorney FROM: Michael D. Harvey AICP, CFM, CZO — Current Planning Supervisor DATE: November 12, 2015 SUBJECT: IDENTIFICATION of impacts associated with NC Session Law 2015- 246 Session Law 2015-246, ratified on September 23, 2015, potentially has significant impacts on the County's stream buffer program as detailed within Section 6.13 of the Orange County Unified Development Ordinance (UDO). A summary of these impacts are: 1. Local governments are prohibited from adopting, implementing, and enforcing riparian buffer (i.e. stream buffer) regulations that exceed State requirements. Exceptions to this prohibition include: a. The adoption of more restrictive standards to comply with, or implement, Federal or State law; STAFF COMMENT: Staff is still researching the implications and meaning of this standard with State officials. Part of our argument is our current program is consistent with State regulations (i.e. the County only requires only a 50 ft. State designated riparian buffer). We do, however, require more restrictive buffers based on a water features location within an identified Watershed Protection Overlay District and all soil survey streams throughout the County. From our standpoint existing regulations are connected within our watershed management/protection program and are not