Agenda - 08-26-1991 - Laserfiche WebLink

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� i. months to submit adopted plans to the EMC for the 11 watersheds (or portions thereof) in its jurisdiction. Actual adoption of the plans by the County would need to occur by late -1993. 2. ADDITIONS /MODIFICATIONS TO THE RULES The NC Department of Environment, Health and Natural Resources published new proposed watershed "minimum rules" on June 14 for public hearing. These changes represent both additions and deletions to the existing minimums. These changes fall into four broad categories: A. Definition of Existing Development The original definition of "existing development" as adopted by the EMC is development - projects in ro ress with si nificant resources a1read -expended o the project, or ro'ects platted by January 1 1991. The proposed new definition of existing development would be completed development, platted development and zoned development. This definition would be used for two purposes: to classify watersheds, and to grandfather or exempt development from the proposed regulations. The significant addition here is that of "zoned development ". Although the proposed "minimum rules" are somewhat vague, it appears that undeveloped land zoned for a particular density or type of land use could be exempted from the rules and permitted to develop under current zoning. This provision could have a profound impact on watersheds such as Cane Creek, Back Creek, and Haw Creek. One suggested alternative is the substitution of "vested rights" qualifications to define existing development rather than the existence of zoning for undeveloped land. B. New Development Variances and Rules The current "minimum rules" language allows exemption of minor non- conforming uses prior to reclassification in order to achieve a higher watershed classification. After a watershed is classified, all new development is required to comply with the minimum rules. The new proposed language would allow exemptions for non - conforming uses prior to and after reclassification - to be approved by the EMC on a case -by -case basis. Questions have been raised in this area regarding the cumulative effect of such exemptions and the allowance of exemptions after classification has been completed.