Orange County NC Website
RIPARIAN BUFFER REFORM <br />SECTION 13.1.(a) Subsection (el) of G.S. 143- 214.23 is repealed. <br />SECTION 13.1.(b) Part 1 of Article 21 of Chapter 143 of the General Statutes is <br />amended by adding a new section to read: <br />143- 214.23A. Limitations on local government riparian buffer requirements. <br />(a) As used in this section: <br />"Local government ordinance" means any action by a local government <br />carrving the effect of law approved before or after October 1. 2015, whether <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 approval issued by a federal or State agency. <br />(c) Subsection (b) of this section shall not appl try local government ordinance that <br />establishes a riparian buffer reauirement enacted prior to August 1. 1997. if (i) the ordinance <br />minimization of erosion ana potentiai cnemicai pollution in aaaition 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 />U 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 />conaition of a permit, certiticate, or otner approval issuea ny a teaerai or Mate agency. 1 o cto <br />so. a local government shall submit to the Commission an application reauestina this authoritv <br />Irian buffer <br />U <br />e2 Citi <br />be <br />rotection of water quality unless the Comm <br />by the local government supports the nece <br />,ction of water quality_ <br />treat the land within a riparian buffer area a. <br />s subdivisions unless the land or an interest <br />ivisions by a conveyance or by eminent do <br />wither the State nor its subdivisions holds a <br />vner to satisfy any other development - relate( <br />including. but not limited to. residential i <br />vn on <br />common areas or open space ana neitner the Mate nor its subdivisions nolas any property <br />interest in that riparian buffer area. the local government shall attribute to each lot abutting the <br />ripa� <br />trop( <br />