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

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54 order to receive development approval(s). If this interpretation is correct this will impact current regulations governing private road justification as contained within Section 7.8.5 of the UDO. We may have to modify and lessen our private road justification standard(s) to comply with the law. Ultimately the County has until January 1, 2017 to be compliant with applicable State regulations associated with the implementation and enforcement of riparian buffer standards. Having said that the State is requesting formal, written notification from local governments outlining their anticipated course of action (i.e. preparing a scientific study for review by the EMC ; amending ordinances to be consistent with State law ; demonstrating existing regulations already comply, etc.) by February 1, 2016. It should be noted these issues and impacts are different from those being addressed by the Erosion Control/Stormwater division as State law changes with respect to stormwater regulations require local governments to cease and desist enforcement of temporary regulations (i.e. Jordan Lake rules) in its entirety until further and formal rulemaking occurs at the State level. There will be a more immediate impact that will have to be addressed by staff on this topic. IMPACTS: The impacts of the Session Law are broken down as follows: a. IMMEDIATE- i. Staff will continue the current dialogue with State officials arguing our buffer requirements are connected with our watershed management program and are, therefore, consistent with State law and can continue to be implemented as written. Clarification of existing language will still be required and staff believes we will be required to re-submit our watershed management program to the State for re-certification. ii. Staff will finalize and release for internal peer review the RFQ soliciting a professional firm to complete the required scientific study for presentation to the EMC in the event the State rejects our argument(s) outlined herein. iii. Staff will have to complete an assessment of all section(s) of the UDO that will have to be amended to ensure compliance with State law in case we do not prevail with our 2 viable options. b. INTERMEDIATE/LONG RANGE- i. Staff will need to complete an assessment of adopted Comprehensive Plan policies for potential modification to address compliance with new State regulations. ii. Staff will need to engage in public outreach to `educate' local residents on revised buffer regulations. Staff is available to provide additional feedback and guidance as necessary.