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

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Attachment 7 136 State Standards Orange County Standards Size of 50 feet in width, each side of the stream, Orange County enforces the 50 foot State buffer(Section buffer broken down as follows: 6.13 of UDO). 1. Zone 1: Inner 30 ft. edge of property For water features located within Watershed Protection directly adjacent to an identified Overlay Districts, or for streams shown as a water feature in stream. the County Soil Survey outside of these districts, the County 2. Zone 2: Outer 20 ft. of stream requires additional buffer area based on slope of property buffer. adjacent to a water feature. The additional buffer is determined in Section 6.13.3 of the UDO as follows: Per change in State law (SL 2015-246) Zone 1. Slope less the 7 'h% - additional 15 feet of buffer(65 2 can be eliminated and additional ft. of required stream buffer); development within this area is allowed (i.e. single-family residential development) so 2. Slope greater the 7 'h% - an additional 30 feet of long as it can be demonstrated there will be buffer(80 ft. of required stream buffer); no adverse impacts. 3. Water features located within the University Lake Protected and Critical Watershed Overlay Districts can have stream buffers ranging in size from 100 to 250 ft. based on slope and adjacent ground cover. Where Center of stream/water body Edge of stream/water feature bank stream buffer is measured from What is Perennial and Intermittent streams Perennial and Intermittent streams ; Special Flood Hazard required to Area Overlay District ; lakes/ponds ; have a marshes/swamps/wetlands ; and natural drainage ditches buffer (i.e. non-ephemeral water bodies) Allowed • Exempt uses (i.e. wastewater wells, Detailed in Section 6.13.6 of UDO the County establishes: uses in fences, driveway crossing disturbing stream less than 25 ft., etc.), 0 Uses allowed by right(i.e. maintenance, utilities buffer • Uses allowed by right (i.e. maintenance, community wells, driveway crossings disturbing less than 25 ft., etc.) utilities, community wells, etc.), • Uses allowed with buffer mitigation (i.e. more than • Uses allowed with buffer mitigation (i.e. 150 ft. of linear disturbance, water dependent more than 150 ft. of linear disturbance structures, etc.) for a road/driveway, mining activities, water dependent structures, etc.) The County chose not to adopt`exempt uses' and made A definitive list can be viewed using the them allowed by right. The rationale was we did not want to following link: establish the precedent there were land use activities `exempt' from the County's overall policy with respect to http://portal.ncdenr.org/c/document library/q stream buffer protection. et file?p I id=38446&folderld=209710&nam e=DLFE-15305e�df.