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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 General Assembly of North Carolina Session 2015 prior to August 1, 2015, that includes a deviation in riparian buffer width from that required by the State. The Commission may consider a request for a deviation in riparian buffer width only if the request is accompanied by a scientific study prepared by or on behalf of the unit of local government that provides a justification for the deviation based on the topography, soils, hydrology, and environmental impacts within the jurisdiction of the unit of local government. The Commission may also require that the study include any other information it finds necessary to evaluate the request for deviation. The Commission shall grant the request for deviation only if it finds that the need for a deviation in riparian buffer width is established by the scientific evidence presented by the unit of local government requesting the deviation in order to meet the nutrient reduction goal set by the Commission for the basin subject to the riparian buffer rule. (c) Local Program Deficiencies. — If the Commission determines that a unit of local government is failing to implement or enforce the State's riparian buffer protection requirements, the Commission shall notify the unit of local government in writing and shall specify the deficiencies in implementation and enforcement. If the local government has not corrected the deficiencies within 90 days after the unit of local government receives the notification, the Commission shall rescind delegation and shall implement and enforce the State's riparian buffer protection program. If the unit of local government indicates that it is willing and able to resume implementation and enforcement of the State's riparian buffer protection requirements, the unit of local government may reapply for delegation under this section. (d) Technical Assistance. — The Department shall provide technical assistance to units of local government in the development, implementation, and enforcement of the State's riparian buffer protection requirements. (e) Training. — The Department shall provide a stream identification training program to train individuals to determine the existence of surface water for purposes of rules adopted by the Commission for the protection and maintenance of riparian buffers. The Department may charge a fee to cover the full cost of the training program. No fee shall be charged to an employee of the State who attends the training program in connection with the employee's official duties. (el) Restriction on Treatment of Buffer by State and Local Governments. — Units of local government shall not treat the land within a riparian buffer as if the land is the property of the State or any of its subdivisions unless the land or an interest therein has been acquired by the State or its subdivisions by a conveyance or by eminent domain. Land within a riparian buffer in which neither the State nor its subdivisions holds any property interest may be used to satisfy any other development- related regulatory requirements based on property size. e2 Recordation of Common Area Buffers. — When riparian buffers are included within a lot, units of local governments shall require that the buffer area be denominated on the recorded plat. When riparian buffers are (i) placed outside of lots in portions of a subdivision that are designated as common areas or open space, and (ii) neither the State nor its subdivisions holds any property interest in that riparian buffer area, the unit of local government shall attribute to each lot abutting the riparian buffer area a proportionate share based on the area of all lots abutting the riparian buffer area for purposes of development- related regulatory requirements based on property size. Le3j Limitation on Local Government Riparian Area Restrictions. — Units of local government may impose restrictions upon the use of riparian areas as defined in 15A NCAC 02B .0202 only within river basins where riparian buffers are required by the State. Units of local government may impose restrictions upon riparian areas to satisfy State riparian buffer Page 6 H760 [Edition 1 ]