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Attachment 3 <br />PLANNING & INSPECTIONS DEPARTMENT <br />Craig N. Benedict, AICP, Director <br />51 <br />Current Planning 131 W. Margaret Lane <br />(919) 245 -2575 --1 Suite 201 <br />(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181 <br />www.orangecountync.gov NORTf°f CAROLINA Hillsborough, NC 27278 <br />MEMORANDUM <br />TO: Board of County Commissioners <br />Bonnie Hamersley, County Manager <br />Travis Myren, Deputy County Manager <br />John Roberts, County Attorney <br />FROM: Michael D. Harvey AICP, CFM, CZO — Current Planning Supervisor <br />DATE: November 12, 2015 <br />SUBJECT: IDENTIFICATION of impacts associated with NC Session Law 2015- <br />246 <br />Session Law 2015 -246, ratified on September 23, 2015, potentially has significant <br />impacts on the County's stream buffer program as detailed within Section 6.13 of the <br />Orange County Unified Development Ordinance (UDO). <br />A summary of these impacts are: <br />1. Local governments are prohibited from adopting, implementing, and enforcing <br />riparian buffer (i.e. stream buffer) regulations that exceed State requirements. <br />Exceptions to this prohibition include: <br />a. The adoption of more restrictive standards to comply with, or implement, <br />Federal or State law; <br />STAFF COMMENT. Staff is still researching the implications and <br />meaning of this standard with State officials. <br />Part of our argument is our current program is consistent with State <br />regulations (i.e. the County only requires only a 50 ft. State <br />designated riparian buffer). We do, however, require more <br />restrictive buffers based on a water features location within an <br />identified Watershed Protection Overlay District and all soil survey <br />streams throughout the County. <br />From our standpoint existing regulations are connected within our <br />watershed management/protection program and are not <br />