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70 <br /> "§ 143-214.23A. Limitations on local government riparian buffer requirements. <br /> U As used in this section: <br /> "Local government ordinance" means any action by a local government <br /> carrying the effect of law aproved before or after October 1, 2015, whether <br /> by ordinance, comprehensive plan,policy, resolution, or other measure. <br /> "Protection of water quality" means nutrient removal, pollutant removal, <br /> stream bank protection, or protection of an endangered species as required <br /> by federal law. <br /> "Riparian buffer area" means an area subject to a riparian buffer <br /> requirement. <br /> "Riparian buffer requirement" means a landward setback from surface <br /> waters. <br /> Except as provided in this section, a local government may not enact, implement, or <br /> enforce a local government ordinance that establishes a riparian buffer requirement that <br /> exceeds riparian buffer requirements necessary to comply with or implement federal or State <br /> law or a condition of a permit, certificate, or other aproval issued by a federal or State agency_ <br /> (c) Subsection (b) of this section shall not aply to any local government ordinance that <br /> establishes a riparian buffer requirement enacted prior to August 1, 1997, if (i) the ordinance <br /> included findings that the requirement was imposed for purposes that include the protection of <br /> aesthetics, fish and wildlife habitat, and recreational use by maintaining water temperature, <br /> healthy tree canopy and understory, and the protection of the natural shoreline through <br /> minimization of erosion and potential chemical pollution in addition to the protection of water <br /> quality and the prevention of excess nutrient runoff, and (ii) the ordinance would permit small <br /> or temporary structures within 50 feet of the water body and docks and piers within and along <br /> the edge of the water body under certain circumstances. <br /> A local government may request from the Commission the authority to enact, <br /> implement, and enforce a local government ordinance that establishes a riparian buffer <br /> requirement for the protection of water quality that exceeds riparian buffer requirements for the <br /> protection of water quality necessary to comply with or implement federal or State law or a <br /> condition of a permit, certificate, or other aproval issued by a federal or State agency. To do <br /> so, a local government shall submit to the Commission an aplication requesting this authority <br /> that includes the local government ordinance, including the riparian buffer requirement for the <br /> protection of water quality, scientific studies of the local environmental and physical conditions <br /> that suport the necessity of the riparian buffer requirement for the protection of water quality, <br /> and any other information requested by the Commission. Within 90 days after the Commission <br /> receives a complete aplication, the Commission shall review the aplication and notify the <br /> local government whether the aplication has been aproved, aproved with modifications, or <br /> disapproved. The Commission shall not aprove a local government ordinance that establishes <br /> a riparian buffer requirement for the protection of water quality unless the Commission finds <br /> that the scientific evidence presented by the local government suports the necessity of the <br /> riparian buffer requirement for the protection of water quality_ <br /> (e) Cities and counties shall not treat the land within a riparian buffer area as if the land <br /> is the property of the State or any of its subdivisions unless the land or an interest therein has <br /> been acquired by the State or its subdivisions by a conveyance or by eminent domain. Land <br /> within a riparian buffer area in which neither the State nor its subdivisions holds any property <br /> interest may be used by the property owner to satisfy any other development-related regulatory <br /> requirements based on property size, including, but not limited to, residential density and <br /> nonresidential intensity calculations and yields, tree conservation purposes, open space or <br /> conservation area requirements, setbacks,perimeter buffers, and lot area requirements. <br /> (f) When riparian buffer requirements are included within a lot, cities and counties <br /> shall require that the riparian buffer area be shown on the recorded plat. Nothing in this <br /> subsection shall be construed to require that the riparian buffer area be surveyed. When riparian <br /> buffer requirements are placed outside of lots in portions of a subdivision that are designated as <br /> common areas or open space and neither the State nor its subdivisions holds any property <br /> interest in that riparian buffer area, the local government shall attribute to each lot abutting the <br /> riparian buffer area a proportionate share based on the area of all lots abutting the riparian <br /> buffer area for purposes of development-related regulatory requirements based on property <br /> size, including, but not limited to, residential density and nonresidential intensity calculations <br /> House Bill 44-Ratified Session Law 2015-246 Page 15 <br />