Orange County NC Website
and yields tree conservation purposes open space or conservation area requirements setbacks <br />perimeter buffers, and lot area requirements. <br />(g) The Commission may adopt rules to implement this section." <br />SECTION 13.1.(c) The definitions set out in G.S. 143- 214.23A(a), as enacted by <br />Section 13.1(b) of this act, shall apply to this section. Notwithstanding G.S. 143- 214.23A(b), as <br />enacted by Section 13.1(b) of this act, a local government ordinance that establishes a riparian <br />buffer requirement for the protection of water quality that exceeds riparian buffer requirements <br />necessary to comply with or implement federal or State law or a condition of a permit, <br />certificate, or other approval issued by a federal or State agency that is in effect on October 1, <br />2015, may remain in effect and enforceable until January 1, 2017. If the local government <br />ordinance is authorized by the Environmental Management Commission pursuant to <br />G.S. 143- 214.23A(d), as enacted by Section 13.1(b) of this act, on or before January 1, 2017, <br />the ordinance may continue to be in effect and enforceable. If the local government ordinance <br />is not authorized by the Environmental Management Commission pursuant to <br />G.S. 143- 214.23A(d), as enacted by Section 13.1(b) of this act, on or before January 1, 2017, <br />the ordinance shall no longer be in effect or enforceable. <br />SECTION 13.1.(d) This section becomes effective October 1, 2015. <br />SECTION 13.2.(a) The Environmental Management Commission, with the <br />assistance of the Department of Environment and Natural Resources, shall examine ways to <br />provide regulatory relief from the impacts of riparian buffer rules adopted to implement the <br />State's Riparian Buffer Protection Program for parcels of land that were platted on or before the <br />effective date of the applicable riparian buffer rule. The Commission shall specifically examine <br />ways to fairly provide properties with relief where a change in use has occurred that would <br />otherwise trigger the requirements of the riparian buffer rules. Such relief would be determined <br />on a case -by -case basis and provide relief to successor owners. For purposes of this study, a <br />change in use that would otherwise trigger the requirements of the riparian buffer rules shall <br />not include either of the following circumstances: <br />(1) Developing from a vacant condition to a use allowed by the current local <br />regulations, unless the local regulations have been changed at the request of <br />the property owner since the date the buffer rule was applied; the parcel was <br />recorded prior to the effective date of the applicable buffer rule; and the <br />allowable use is for any nonfarming or nonagricultural purpose. <br />(2) The property configuration has not been altered except as a result of either <br />an eminent domain action or a recombination involving not more than three <br />parcels, all of which were recorded before the effective date of the applicable <br />buffer rule. <br />The Commission may also consider and recommend other circumstances that should <br />not constitute a change in use that would otherwise trigger the requirements of the riparian <br />buffer rules. No later than April 1, 2016, the Commission shall report the results of its study, <br />including any recommendations, to the Environmental Review Commission. <br />SECTION 13.2.(b) This section becomes effective October 1, 2015. <br />SECTION 13.3.(a) As used in this section, "coastal wetlands" means any salt <br />marsh or other marsh subject to regular or occasional flooding by tides, including wind tides, <br />whether or not the tidewaters reach the marshland areas through natural or artificial <br />watercourses, provided this shall not include hurricane or tropical storm tides. <br />SECTION 13.3.(b) For purposes of implementing 15A NCAC 02B .0233 (Meuse <br />River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of <br />Existing Riparian Buffers) and 15A NCAC 02B .0259 (Tar - Pamlico River Basin: Nutrient <br />Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian <br />Buffers), Zone 1 of a protective riparian buffer for coastal wetlands shall begin at the most <br />landward limit of the normal high water level or the normal water level, as appropriate. <br />SECTION 111(c) The Environmental Management Commission shall adopt <br />temporary rules to amend its rules consistent with this section. <br />SECTION 13.3.(d) This section becomes effective October 1, 2015. <br />SECTION 13.4.(a) The Environmental Management Commission shall amend its <br />rules for the protection of existing riparian buffers to provide for the case -by -case modification <br />of the requirement for maintaining woody vegetation in the riparian buffer area upon a showing <br />by a landowner that alternative measures will provide equal or greater water quality protection. <br />SECTION 13.4.(b) The Environmental Management Commission shall adopt <br />temporary rules to amend its rules consistent with this section. <br />SECTION 13.4.(c) This section becomes effective October 1, 2015. <br />