CFE agenda 051115 - Laserfiche WebLink

Browse Search

General Assembly of North Carolina Session 2015 1 a. The rules and other laws regulating _ _ and nd applicable to that tract on the 2 effective date for the aplicable buffer rule set out in subsection (a) 3 of this section. 4 b. The current rules, if the application of those rules to the tract was 5 initiated after the effective date for the aplicable buffer rule by the 6 unit of local government with jurisdiction over the tract and not at the 7 request of the property owner. 8 (c) If a tract of land described in subsection (b) of this section is converted to a use that 9 does not comply with subdivision (b)(2) of this section, then the aplicable buffer rule shall 10 apply. 11 (d) The tract of land shall retain an exemption under subsection (b) of this section if 12 either of the following applies: 13 (1) The tract has been replatted and rerecorded after the effective date for the 14 applicable buffer rule as a result of an eminent domain action and the tract 15 continues to comply with subdivision (b)(2) of this section. 16 The tract is a recombination exempt from the definition of subdivision under 17 G.S. 160A -376 or G.S. 153A -33 and recorded after the effective date of the 18 applicable buffer rule_ and the recombination consists of all_ or Dortions o£ 19 parcels meeting the requirements for exemption from the aplicable buffer 20 rule set forth in subsection (b) of this section. 21 (e) For purposes of meeting the requirements of subdivision (b)(2) of this section, the 22 following shall be interpreted to be "complying with the rules and other laws regulating _ and 23 applicable to that property on the effective date for the aplicable buffer rule ": 24 The conversion of a tract of land that was undeveloped prior to the effective 25 date of the aplicable buffer rule to a use that was permitted under 26 applicable local ordinances in effect Drior to the effective date of the 27 applicable buffer rule, even if the conversion is aproved after the effective 28 date of the applicable buffer rule. 29 (2) The conversion of the tract of land to a use permitted under aplicable local 30 rules or ordinances that have been applied to the property since the effective 31 date of the aplicable buffer rule as a result of either (i) a change in 32 regulations applied by the unit of local government with jurisdiction over the 33 tract, or (ii) a change in the unit of local government having jurisdiction over 34 the tract which results in the application of regulations to the tract after the 35 effective date of the aplicable buffer rule. 36f An exemption to an applicable buffer rule under this section runs with the land, if 37 notice of the exemption is recorded with the register of deeds at or prior to the next conveyance 38 of the tract or portion of the tract." 39 143 - 214.19. Delineation of protective riparian buffers for coastal wetlands in the Neuse 40 River and Tar - Pamlico River Basins. 41 (a) The following definitions aply in this section: 42 Coastal wetlands. — Any salt marsh or other marsh subject to regular or 43 occasional flooding by tides, including wind tides (whether or not the 44 tidewaters reach the marshland areas through natural or artificial 45 watercourses), provided this shall not include hurricane or tropical storm 46 tides. 47 (2) Marshlands. — The term has the same meaning as G.S. 113- 229(n). 48 (12) If State law requires a protective riparian buffer for coastal wetlands in either the 49 Neuse River Basin or the Tar - Pamlico River Basin, the coastal wetlands and marshlands shall 50 not be treated as part of the surface waters but instead shall be included in the measurement of 51 the protective riparian buffer. The protective riparian buffer for any of the coastal wetlands or Page 8 H760 [Edition 1 ]